
    In re FORFEITURE OF 1987 VOLKSWAGON FOX 2-DOOR, WHITE IN COLOR, VIN # 9BWBA0303HP004179 FLA. TAG: CCM-01N.
    No. 89-2677.
    District Court of Appeal of Florida, Fourth District.
    Jan. 9, 1991.
    C. Patrick O’Toole, Jr. of Pickett, Fanelli & O’Toole, P.A., West Palm Beach, for appellant.
    Barry M. Cohen of Green, Eisenberg & Cohen, West Palm Beach, for appellee.
   PER CURIAM.

AFFIRMED. See In re Forfeiture of 1986 Rolls Royce, 564 So.2d 215 (Fla. 4th DCA 1990).

GUNTHER and WARNER, JJ., concur.

ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge,

specially-concurring.

I agree that we are bound by controlling precedent to affirm. However, I disagree with the holding in the Rolls Royce case that a vehicle used to knowingly flee the scene of a serious automobile accident cannot be the subject of forfeiture proceedings. A person can unlawfully flee the scene of an accident without using a vehicle, but if a vehicle is used to facilitate the fleeing, it would appear to meet the requirement of being used to facilitate the commission of a crime, and, hence, subject to forfeiture. See Duckham v. State, 478 So.2d 347 (Fla.1985).  