Florida Statutes

Fla. Stat. § 562.27 (2025)

Seizure and forfeiture.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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562.27 Seizure and forfeiture.—

(1) It is unlawful for any person to have in her or his possession, custody, or control, or to own, make, construct, or repair, any still, still piping, still apparatus, or still worm, or any piece or part thereof, designed or adapted for the manufacture of an alcoholic beverage, or to have in her or his possession, custody or control any receptacle or container containing any mash, wort, or wash, or other fermented liquids whatever capable of being distilled or manufactured into an alcoholic beverage, unless such possession, custody, control, ownership, manufacture, construction, or repairing be by or for a person authorized by law to manufacture such alcoholic beverage.

(2) It is unlawful for any person to have in her or his possession, custody, or control any raw materials or substance intended to be used in the distillation or manufacturing of an alcoholic beverage unless the person holds a license from the state authorizing the manufacture of the alcoholic beverage.

(3) The terms “raw material” or “substance” for the purpose of this chapter shall mean and include, but not be limited to, any of the following: Any grade or type of sugar, syrup, or molasses derived from sugarcane, sugar beets, corn, sorghum, or any other source; starch; potatoes; grain or cornmeal, corn chops, cracked corn, rye chops, middlings, shorts, bran, or any other grain derivative; malt; malt sugar or malt syrup; oak chips, charred or not charred; yeast; cider; honey; fruit; grapes; berries; fruit, grape or berry juices or concentrates; wine; caramel; burnt sugar; gin flavor; Chinese bean cake or Chinese wine cake; urea; ammonium phosphate, ammonium carbonate, ammonium sulphate, or any other yeast food; ethyl acetate or any other ethyl ester; any other material of the character used in the manufacture of distilled spirits or any chemical or other material suitable for promoting or accelerating fermentation; any chemical or material of the character used in the production of distilled spirits by chemical reaction; or any combination of such materials or chemicals.

(4) Any such raw materials, substance, or any still, still piping, still apparatus, or still worm, or any piece or part thereof, or any mash, wort, or wash, or other fermented liquid and the receptacle or container thereof, and any alcoholic beverage, together with all personal property used to facilitate the manufacture or production of the alcoholic beverage or to facilitate the violation of the alcoholic beverage control laws of this state or the United States, may be seized by the division or by any sheriff or deputy sheriff and shall be forfeited to the state.

(5) It shall be unlawful for any person to sell or otherwise dispose of raw materials or other substances knowing same are to be used in the distillation or manufacture of an alcoholic beverage unless such person receiving same, by purchase or otherwise, holds a license from the state authorizing the manufacture of such alcoholic beverage.

(6) Any vehicle, vessel, or aircraft used in the transportation or removal of or for the deposit or concealment of any illicit liquor still or stilling apparatus; any mash, wort, wash, or other fermented liquids capable of being distilled or manufactured into an alcoholic beverage; or any alcoholic beverage commonly known and referred to as “moonshine whiskey” shall be seized and may be forfeited as provided by the Florida Contraband Forfeiture Act. Any sheriff, deputy sheriff, employee of the division, or police officer may seize any of the vehicles, vessels, or conveyances, and the same may be forfeited as provided by law.

(7) The finding of any still, still piping, still apparatus, or still worm, or any piece or part thereof, or any mash, wort, or wash or other fermented liquids in the dwelling house or place of business, or so near thereto as to lead to the reasonable belief that they are within the possession, custody, or control of the occupants of the dwelling house or place of business, shall be prima facie evidence of a violation of this section by the occupants of the dwelling house or place of business.

(8) Any person violating any provisions of this section of the law commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 9, ch. 19301, 1939; CGL 1940 Supp. 4151(271q); s. 4, ch. 22669, 1945; s. 1, ch. 28073, 1953; s. 1, ch. 29804, 1955; s. 2, ch. 61-218; ss. 16, 35, ch. 69-106; s. 569, ch. 71-136; s. 2, ch. 72-230; s. 26, ch. 73-334; s. 6, ch. 74-385; s. 24, ch. 79-11; s. 6, ch. 80-68; s. 865, ch. 97-103; s. 25, ch. 2019-167.

Arrestable Offenses under F.S. 562.27

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§562.27(1)LIQUORPOSSESS SELL MANUFACT STILL MATERIAL ALCOH BEVM · 2nd

§562.27(2)LIQUORPOSSES RAW MATERL DISTILL MFG ALC BEV W/O LICM · 2nd

§562.27(5)LIQUORSELL DISP RAW MATRL DISTIL MFG ALC BEV W/O LICM · 2nd

§562.27LIQUORRENUMBERED. SEE REC # 8772F · 3rd

Notes of Decisions

Cited in 6 cases, 1943–1971 · leading case: State v. Dubose, 11 So. 2d 477 (Fla. 1943).

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State v. Dubose, 11 So. 2d 477 (Fla. 1943). · cites it 3× “” Section 562.27, Florida Statutes 1941, provides for the seizure by the director or supervisor of the beverage department or other officers, and a forfeiture thereof to the State of Florida, of designated property unlawfully in the possession of persons, viz: (1) still, piping,…”

Gen. Motors Acceptance Corp. v. State, 11 So. 2d 482 (Fla. 1943). · cites it 2× “Subsection (3) of Section 562.27, Florida Statutes 1941, makes it the duty of the Director or Supervisor of the Beverage Department, or other officer, to seize every vessel, boat, cart, carriage, vehicle, automobile, truck, airplane, or other conveyance whatsoever, and all…”

United States v. Stephen Clarence McKinnon, 426 F.2d 845 (5th Cir. 1970). · cites it 2× “” F.S.A. § 562.27(4) in part here pertinent provides: “(4) * * * any alcoholic beverage together with all personal property used to facilitate the manufacture or production of the alcoholic beverage or to facilitate the violation of the alcoholic beverage control laws of this…”

Johnson v. State, 28 So. 2d 104 (Fla. 1946). · cites it 3× “verage Act is unconstitutional; (2) the Beverage Act is a regulatory measure and no tax is imposed on moonshine whiskey; (3) the automobile is not subject to forfeiture; (4) it does not appear as a matter of law that moonshine whiskey is taxable; (5) it does not appear that the…”

Coley v. State, 170 So. 2d 457 (Fla. 2d DCA 1965). “control, a still, still piping, still apparatus and still worm designed and adapted for the manufacture of alcoholic beverage and (2) unlawfully in Hardee County, having in his possession, custody and control receptacles and containers containing mash, wort or wash or other…”

Johnson v. State, 250 So. 2d 347 (Fla. 2d DCA 1971). “Appellant had been found guilty of violation of the beverage laws under § 562.27 F.S.A. and was sentenced “ * * * to pay a fine of ,500.”

— 562.27(1) — 1 case

— 562.27(4) — 1 case

United States v. Stephen Clarence McKinnon, 426 F.2d 845 (5th Cir. 1970). “” F.S.A. § 562.27(4) in part here pertinent provides: “(4) * * * any alcoholic beverage together with all personal property used to facilitate the manufacture or production of the alcoholic beverage or to facilitate the violation of the alcoholic beverage control laws of this…”

— 562.27(6) — 1 case

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