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DEPARTMENT OF HIGHWAY SAFETY v. RIFE

No. 5D06-2957.

950 So.2d 1288 (2007)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Johnnie Lee RIFE, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

March 23, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Yvette A. MacMillan Assistant Attorney General, Tampa, for Appellant.

No Appearance for Appellee.

PALMER, J.

The Department of Highway Safety and Motor Vehicles (the Department) appeals the trial court's order dismissing with prejudice its forfeiture action regarding Johnnie Lee Rife's motor vehicle. Determining that the trial court incorrectly applied the Florida Contraband Forfeiture Act, we reverse.

Rife was arrested for driving under the influence (DUI) in violation of section 316.193 of the Florida Statutes. Because Rife had twice previously, within...

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