Florida Statute 562.42 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.42

562.42 Destruction of forfeited property.—In case of the seizure of any intoxicating beverage, still, doubler, worm, worm tub, still piping, still apparatus or any piece or part thereof, any mash, wort, or wash or other fermented liquids and any containers therefor, for any offense involving forfeiture of the same, where such apparatus shall be of less than $1,000 in value and it shall be impracticable to remove the same to a place of safe storage from the place where seized, the seizing officer is authorized to destroy the same only so far as to prevent the use thereof, or any part thereof, for the purpose for which it was intended. Such destruction shall be in the presence of at least one credible witness and such witness shall unite with the said officer in a duly sworn report of said seizure and such destruction, to be made to the division, in which report they shall set forth the grounds of the claim or forfeiture and the reasons for such seizure and destruction and an estimate of the fair value of the apparatus destroyed and also of the materials remaining after the destruction and a statement that, from facts within their own knowledge, they have no doubt whatever that such apparatus was set up for use in the unlawful manufacture of intoxicating beverages and that it was impracticable to remove the same to a place of safe storage; provided, that not more than 1 pint of any such intoxicating beverage shall be preserved by the seizing officer to be used as evidence against anyone accused of violating the provisions of the Beverage Law, and such pint of intoxicating beverage is hereby declared to be sufficient of such intoxicating beverage upon which to base a conviction of a violation of the Beverage Law.

History.—s. 16, ch. 19301, 1939; CGL 1940 Supp. 4151(271y); ss. 16, 35, ch. 69-106; s. 2, ch. 72-230.

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Amendments to 562.42

Arrestable Offenses / Crimes under Fla. Stat. 562.42

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 562.42.

Annotations, Discussions, Cases:

Cases Citing Statute 562.42

Total Results: 3

Michael Shane Bargo, Jr. v. State of Florida

Court: Fla. | Date Filed: 2017-06-29T00:00:00-07:00

Citation: 221 So. 3d 562, 42 Fla. L. Weekly Supp. 698, 2017 WL 2807957, 2017 Fla. LEXIS 1430

Snippet: Lawson, Canady, Polston 29 June 2017 221 So. 3d 562, 42 Fla. L. Weekly Supp. 698, 2017 Fla. LEXIS 1430,

Rodney Renard Newberry v. State of Florida

Court: Fla. | Date Filed: 2017-04-06T00:00:00-07:00

Citation: 214 So. 3d 562, 42 Fla. L. Weekly Supp. 440, 2017 WL 1282108, 2017 Fla. LEXIS 757

Snippet: Canady, Polston, Lawson 6 April 2017 214 So. 3d 562, 42 Fla. L. Weekly Supp. 440, 2017 Fla. LEXIS 757,

Powell v. New York Life Insurance

Court: Fla. | Date Filed: 1940-02-16T00:00:00-08:00

Citation: 194 So. 232, 141 Fla. 758

Snippet: Security Co., et al., 123 Fla. 180, *Page 761 166 So. 562, 42 C. J. 83, Sec, 1615; McCarthy's Fla. Chancery