In Re Forfeiture of 2006 Chrysler 4-Door

LaROSE, Judge.

David Gee, the Hillsborough County Sheriff, appeals the trial court’s order granting final summary judgment in favor of Kale Gainous, dismissing a forfeiture action and directing that a 2006 Chrysler automobile be returned to Mr. Gainous. We have jurisdiction, see Fla. R.App. P. 9.030(b)(1)(A), and reverse.

The forfeiture proceeding stems from Mr. Gainous’s 2007 arrest and subsequent conviction for driving under the influence (DUI) and failure to submit to a DUI test. Mr. Gainous had two prior DUI convictions. His license was suspended and he previously refused to submit to a DUI…