Arrestable Offenses / Crimes under Fla. Stat. 329.10
Level: DegreeMisdemeanor/Felony: First/Second/Third
S329.10 1 - PROPERTY CRIMES - POSSESS UNREGISTERED AIRCRAFT - F: T
S329.10 2 - PROPERTY CRIMES - POSS OPR AIRCRAFT BY NON LEGAL ENTITY PERSON - F: T
S329.10 3 - FRAUD-FALSE STATEMENT - GIVE FALSE INFO REGARDING AIRCRAFT OWNER - F: T
S329.10 4 - FRAUD-FALSE STATEMENT - RE AIRCRAFT OWNER BY NON LEGAL ENTITY PERSON - F: T
Cases Citing Statute 329.10
Total Results: 8
475 So. 2d 1269, 10 Fla. L. Weekly 2036
District Court of Appeal of Florida | Filed: Aug 28, 1985 | Docket: 1709965
Cited 8 times | Published
...Two actions have been consolidated on appeal because in each the trial court declined to permit forfeiture of an aircraft on constitutional grounds. We affirm, but for a different reason. The premise of both complaints is that the possession or use of an aircraft in violation of section 329.10, Florida Statutes (Supp. 1984), [1] entitles a governmental entity to obtain forfeiture of that aircraft pursuant to the Florida Contraband Forfeiture Act. [2] Both trial courts rejected this premise and found that section 329.10 which provides (in part) that it is a third-degree felony for a dissolved corporation to possess an aircraft is unconstitutional. The two courts struck section 329.10 on the grounds that (A) the statute runs afoul of the Supremacy Clause because Congress has preempted state regulation of the field through enactment of the Federal Aviation Act of 1958, section 101 et seq., (current version at 49 U.S.C....
...2193, 2199, 68 L.Ed.2d 693 (1981); McKibben v. Mallory, 293 So.2d 48, 51 (Fla. 1974); Granados v. Miller, 369 So.2d 358, 360 (Fla. 4th DCA 1979), appeal dismissed, 394 So.2d 1152 (Fla. 1981). The underlying premise of both cases, viz., that an aircraft used in violation of section 329.10 is subject to forfeiture under the Florida Contraband Forfeiture Act, is erroneous....
...There, the court explained that under the Florida Contraband Forfeiture Act personal property becomes contraband and subject to forfeiture only if it is employed as an "instrumentality" in the commission of any felony. Alluding to an aircraft used in violation of section 329.10, the court said: The aircraft, however, is not the means or instrument by which the offense of possession of an improperly registered aircraft is committed....
...To qualify as an instrumentality, the [aircraft], which is not contraband per se, must have assisted in the commission of another, different felony. Possession of an improperly registered aircraft under the circumstances and conditions set forth in section 329.10 is a felony, but that status or state does not give rise to a different crime. Id. at 1383. We endorse the holding of our sister court that forfeiture is not an authorized sanction for violation of section 329.10. Accordingly, we affirm the trial courts' basic decision to deny forfeiture of the aircraft in the cases at bar. ANSTEAD, LETTS and HURLEY, JJ., concur. NOTES [1] Section 329.10, Florida Statutes (Supp....
465 So. 2d 1382, 10 Fla. L. Weekly 821
District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 1694743
Cited 5 times | Published
...tion Administration. Although the prior owner had registered the plane, he had not forwarded the papers to complete the transfer of registration to Damron. The City seized the plane, claiming Damron's possession of the unregistered aircraft violated section 329.10, Florida Statutes (1983), which makes the possession of an improperly registered aircraft a third degree felony....
...elf. To qualify as an instrumentality, the Cessna, which is not contraband per se, must have assisted in the commission of another, different felony. Possession of an improperly registered aircraft under the circumstances and conditions set forth in section 329.10 is a felony, but that status or state does not give rise to a different crime....
...We held that the truck in that case was being used as an instrumentality in the accomplishment of a different crime possession of a short-barreled shotgun and, therefore, it was subject to forfeiture pursuant to section 932.701(2)(e). AFFIRMED. ORFINGER and COWART, JJ., concur. NOTES [1] The parties conceded that section 329.10 had been violated, so we do not address that issue.
489 So. 2d 78, 11 Fla. L. Weekly 980, 1986 Fla. App. LEXIS 7464
District Court of Appeal of Florida | Filed: Apr 23, 1986 | Docket: 545423
Cited 5 times | Published
...elf. To qualify as an instrumentality, the Cessna, which is not contraband per se, must have assisted in the commission of another, different felony. Possession of an improperly registered aircraft under the circumstances and conditions set forth in section 329.10 is a felony, but that status or state does not give rise to a different crime....
475 So. 2d 1269
District Court of Appeal of Florida | Filed: Aug 28, 1985 | Docket: 64614435
Published
possession or use of an aircraft in violation of section 329.10, Florida Statutes (Supp.1984),1 entitles a
