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STATE v. VALDES

No. 3D00-1469.

788 So.2d 300 (2001)

The STATE of Florida, Appellant, v. Sergio VALDES and Carlos Valdes, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied July 20, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellant.

Howard Brodsky, for appellees.

Before COPE, FLETCHER and SORONDO, JJ.

Rehearing and Rehearing En Banc Denied July 20, 2001.

COPE, J.

Subsection 370.061, Florida Statutes (1997), provides for the forfeiture of boats and equipment which have been used for the illegal taking (or attempted taking) of salt water fish or other salt water products. The question before us is whether the statute is constitutional.

We conclude that the procedures outlined in Department of Law Enforcement v. Real Property,

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