IN RE 36' UNIFLITE, "PIONEER I," REG. NO. FL 7894 AH

No. 80-88.

398 So.2d 457 (1981)

In re 36' UNIFLITE, the "PIONEER I", REGISTRATION NO. FL 7894 AH. Max GARCIA, Owner of the "Pioneer I", Appellant, v. STATE of Florida and PONCE INLET POLICE DEPARTMENT, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 6, 1981.


Attorney(s) appearing for the Case

Arthur M. Garel of Ezzo, Garel & Saylor, P.A., Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellees.


FRANK D. UPCHURCH, Jr., J.

This is an appeal from an order of forfeiture of a boat. We reverse.

The issue is whether an owner of a boat that is used for illegal trafficking of drugs should have his boat forfeited even though he had no knowledge of the illegal activities, which were conducted without his consent and to which he was not privy. The forfeiture act is found in sections 943.41-943.44, Florida Statutes (1979), and we are most concerned with a portion...

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