Florida Statute 562.27 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.27

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.

F.S. 562.27 on Google Scholar

F.S. 562.27 on Casetext

Amendments to 562.27

Arrestable Offenses / Crimes under Fla. Stat. 562.27

Level: Degree
Misdemeanor/Felony: First/Second/Third

S562.27 - LIQUOR - RENUMBERED. SEE REC # 8772 - F: T

S562.27 1 - LIQUOR - POSSESS SELL MANUFACT STILL MATERIAL ALCOH BEV - M: S

S562.27 2 - LIQUOR - POSSES RAW MATERIAL DISTILL MFG ALC BEV WO LIC - M: S

S562.27 5 - LIQUOR - SELL DISP RAW MATERL DISTIL MFG ALC BEV WO LIC - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 562.27

Total Results: 9

LEON CO. EDUC. AUTH. v. Hartsfield

Court: Fla. | Date Filed: 1997-06-12T00:53:00-07:00

Citation: 698 So. 2d 526

Snippet: result consonant with law and justice. Id. at 562, 27 So.2d 162. In Hialeah, Inc. v. Dade County, 490

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-02-22T23:53:00-08:00

Snippet: s. 206.205, F. S. (non-tax-paid motor fuel), s. 562.27, F. S. (illegal alcoholic beverages), s. 562.35

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1971-07-16T00:00:00-07:00

Citation: 250 So. 2d 347

Snippet: guilty of violation of the beverage laws under § 562.27 F.S.A. and was sentenced “ * * * to pay a fine

Coley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1965-01-13T00:00:00-08:00

Citation: 170 So. 2d 457

Snippet: an alcoholic beverage, in violation of section 562.27(1) F.S.A. After conviction before a jury, a new

Johnson v. State

Court: Fla. | Date Filed: 1946-11-26T00:00:00-08:00

Citation: 28 So. 2d 104, 158 Fla. 149

Snippet: Sedan automobile under the provisions of Sections 562.27 and 562.39, F.S.A., as amended by Chapter 22669…the State of Florida of a lawful tax; (6) Section 562.27, F.S.A., imposes an excessive penalty, is arbitrary…arbitrary and unreasonable; (7) Section 562.27, supra, denies the equal protection of the law; taxes or forfeits…Florida and especially Florida Statutes Section 562.27, Section 562.39 and Section 562.39(3) as construed

State v. Dubose

Court: Fla. | Date Filed: 1943-01-22T00:00:00-07:00

Citation: 11 So. 2d 477, 152 Fla. 304

Snippet: dismissed at the cost of the State, . . ." Section 562.27, Florida Statutes 1941, provides for the seizure… considered by this Court, inclusive of Section 562.27, and sustained. We held that these provisions,

General Motors Acceptance Corp. v. State

Court: Fla. | Date Filed: 1943-01-22T00:00:00-07:00

Citation: 11 So. 2d 482, 152 Fla. 297

Snippet: imposed on such beverage. Subsection (3) of Section 562.27, Florida Statutes 1941, makes it the duty of the

King Lumber & Manufacturing Co. v. State

Court: Fla. | Date Filed: 1932-09-17T00:00:00-08:00

Citation: 143 So. 616, 106 Fla. 680

Snippet: rightful possession. Williamson v. Jones, 43 W. Va. 562, 27 S.E. Rep. 411, 38 L.R.A. 694; Hayman v. Rownd,

Stephenson v. the Nat. Bank of Winter Haven

Court: Fla. | Date Filed: 1926-07-24T00:00:00-08:00

Citation: 109 So. 424, 92 Fla. 347

Snippet: rightful possession. Williamson v. Jones,43 W. Va., 562, 27 S.E. Rep. 411, 38 L.R.A. 694; Hayman v. Rownd,82