In re Forfeiture of 1985 Ford Ranger Pickup Truck, Vin 1FTBR10S7FUB74784, Florida License 802-DPU & $453 U.S. Currency

BARFIELD, Judge.

Appellant, the State of Florida, contends that the trial court erred in denying the forfeiture of a 1985 Ford Ranger pickup truck on the grounds that the “innocent spouse” exception contained in section 932.-703(2), Florida Statutes (1989), rendered the statute unconstitutional. We reverse the decision of the trial court and remand for further proceedings.

On July 1,1989, the State seized the 1985 Ford Ranger pickup truck pursuant to sections 932.701-.704, Florida Statutes. The seizure was based on Alan R. Barry’s use of the truck to obtain cocaine and to attempt to run over a…