Florida Statutes

Fla. Stat. § 562.34 (2025)

Containers; seizure and forfeiture.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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562.34 Containers; seizure and forfeiture.—

(1) It shall be unlawful for any person to have in her or his possession, custody, or control any cans, jugs, jars, bottles, vessels, or any other type of containers which are being used, are intended to be used, or are known by the possessor to have been used to bottle or package alcoholic beverages; however, this provision shall not apply to any person properly licensed to bottle or package such alcoholic beverages or to any person intending to dispose of such containers to a person, firm, or corporation properly licensed to bottle or package such alcoholic beverages.

(2) It shall be unlawful for any person to sell or otherwise dispose of any cans, jugs, jars, bottles, vessels, or any other type of containers, knowing that such are to be used in the bottling or packaging of alcoholic beverages, unless the person receiving same, by purchase or otherwise, shall hold a license to manufacture or distribute such alcoholic beverages.

(3) It shall be unlawful for any person to transport any cans, jugs, jars, bottles, vessels, or any other type of containers intended to be used to bottle or package alcoholic beverages; however, this section shall not apply to any firm or corporation holding a license to manufacture or distribute such alcoholic beverages and shall not apply to any person transporting such containers to any person, firm, or corporation holding a license to manufacture or distribute such alcoholic beverages.

(4) Any person violating any provision of this section of the law shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any such cans, jugs, jars, bottles, vessels, or any other type of container found in the possession, custody, or control of any person which are being used or are intended to be used or to be disposed of in violation of this section shall be seized by the division, sheriffs, or deputy sheriffs and shall be forfeited to the state.

(6) Notwithstanding the provisions of this section, it shall not be unlawful for any person to have in her or his possession, custody, or control a growler as described in s. 563.06(7), either full or empty, or to transport such growler.

History.—s. 11, ch. 19301, 1939; CGL 1940 Supp. 4151(271s); s. 3, ch. 61-218; ss. 16, 35, ch. 69-106; s. 571, ch. 71-136; s. 2, ch. 72-230; s. 25, ch. 79-11; s. 5, ch. 86-269; s. 867, ch. 97-103; s. 7, ch. 2015-12.

Arrestable Offenses under F.S. 562.34

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

§562.34LIQUORUNLAW POSSESS SELL TRANS ALCOHOL BEV CONTAINERF · 3rd

Notes of Decisions

Cited in 3 cases, 1966–1971 · leading case: United States v. Stephen Clarence McKinnon, 426 F.2d 845 (5th Cir. 1970).

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United States v. Stephen Clarence McKinnon, 426 F.2d 845 (5th Cir. 1970). “” F.S.A. § 562.34 in part here pertinent provides: “(1) It shall be unlawful for any person to have in his possession, custody or control any cans, jugs, jars, bottles, vessels or any other type containers which are being used, * * * to bottle or package alcoholic *850 beverages…”

State v. Hart, 253 So. 2d 150 (Fla. 1st DCA 1971). · cites it 2× “there unlawfully have in his possession or control containers which he intended to use to bottle alcoholic beverages containing more than one per cent of alcohol by weight, such alcohol being commonly referred to as moonshine whiskey, the said containers being 61 bottles of the…”

Brown v. State, 181 So. 2d 562 (Fla. 3d DCA 1966). · cites it 3× “The defendant, Samuel Brown, appeals the judgment finding him guilty of violating Section 562.34(1), Florida Statutes, F.S.”

— 562.34(1) — 1 case

Brown v. State, 181 So. 2d 562 (Fla. 3d DCA 1966). “The defendant, Samuel Brown, appeals the judgment finding him guilty of violating Section 562.34(1), Florida Statutes, F.S.”

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