DEPARTMENT OF LAW ENF. v. REAL PROPERTY

Nos. 77,308, 77,309, 77,310, 77,311 and 77,312.

588 So.2d 957 (1991)

DEPARTMENT OF LAW ENFORCEMENT, Appellant, v. REAL PROPERTY, etc., Appellee.

Supreme Court of Florida.

Rehearing Dismissed Voluntarily December 2, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Keith Vanden Dooren, Diana K. Bock and Jeanne Clougher, Asst. Attys. Gen., Tallahassee, and Parker Thomson, Special Asst. Atty. Gen., Miami, for appellant.

Robert S. Griscti of Turner & Griscti, Gainesville, for Cedar Key Mobile Home Village, Inc., Cedar Key Flying Club Sites, Inc., Cedarwood Estates, Inc., Cedar Key Hunting & Game Preserve, Inc., Cedar Key Campsites, Inc. and Charles L. DeCarlo.

Albert C. Simmons and David G. White, Cedar Key, for Walter G. Gifford and Marlene M. Gifford.

George N. Aylesworth, Senior Bureau Commander and Robert Knabe, Police Legal Advisor, Metro-Dade Police Dept., Miami, amicus curiae for Florida Sheriff's Ass'n, Florida Police Chief's Ass'n, Dade County Ass'n of Chiefs of Police, and Florida Ass'n of Police Attorneys.

Arthur I. Jacobs, Fernandina Beach, amicus curiae for Florida Pros. Attys. Ass'n, Inc.

Larry G. Turner, President, FACDL, Gainesville, and Robert A. Harper, Jr., Chairman, FACDL, Tallahassee, amicus curiae for Florida Ass'n of Criminal Defense Lawyers.


BARKETT, Justice.

We have on appeal an order of the Eighth Judicial Circuit, in and for Levy County, Florida, in which the court declared unconstitutional the Florida Contraband Forfeiture Act, sections 932.701-.704 of the Florida Statutes (1989) (the Act). The order was appealed to the First District Court of Appeal where a split panel, without deciding the merits, certified the issue to this Court as a matter of great...

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