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IN RE FORFEITURE OF 1969 PIPER NAVAJO, MODEL PA-31-310, S/N-31-395 U.S. REGISTRATION N-1717G

No. 89-1282.

570 So.2d 1357 (1990)

In re FORFEITURE OF 1969 PIPER NAVAJO, MODEL PA-31-310, S/N-31-395 U.S. REGISTRATION N-1717G.

District Court of Appeal of Florida, Fourth District.

December 5, 1990.

Attorney(s) appearing for the Case

John W. Jolly, Jr. of Shailer, Purdy & Jolly, P.A., Fort Lauderdale, for appellant.

Miguel San Pedro, Miami, for appellee.

PER CURIAM.

The Sheriff of Broward County appeals an order of the trial court declaring the forfeiture provision contained in section 330.40, Florida Statutes (1987) to be unconstitutional. We affirm.

These consolidated cases involve the seizure of two aircraft. The petition for forfeiture alleged that both aircraft were contraband as defined in section 330.40, Florida Statutes (1987) because they were equipped with fuel tanks not in conformance with federal...

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