Florida Statute 562.451 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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562.451 Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence.—

(1) Any person who owns or has in her or his possession or under her or his control less than 1 gallon of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any person who owns or has in her or his possession or under her or his control 1 gallon or more of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) In any prosecution under this section, proof that the liquor involved is what is commonly known as moonshine whiskey shall be prima facie evidence that the same was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured.

History.—s. 9, ch. 22669, 1945; s. 17, ch. 23746, 1947; s. 5, ch. 29964, 1955; s. 1, ch. 59-435; s. 574, ch. 71-136; s. 2, ch. 72-230; s. 869, ch. 97-103; s. 26, ch. 2019-167.

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Amendments to 562.451

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 562.451

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

S562.451 1 - LIQUOR-POSSESS - LESS THAN ONE GALLON ILLEGAL LIQUOR - M: S

S562.451 2 - LIQUOR-POSSESS - ONE GALLON OR MORE ILLEGAL LIQUOR - M: F

S562.451 - LIQUOR-POSSESS - RENUMBERED. SEE REC # 8774 - F: T

S562.451 - LIQUOR-POSSESS - RENUMBERED. SEE REC # 8773 - M: S

Cases Citing Statute 562.451

Total Results: 10

State v. Altman

106 So. 2d 401

Supreme Court of Florida | Filed: Oct 31, 1958 | Docket: 1698463

Cited 1 times | Published

applicable provisions of the law appear as Section 562.451, Florida Statutes, F.S.A.[4] The contentions

State v. Hart

253 So. 2d 150, 1971 Fla. App. LEXIS 5839

District Court of Appeal of Florida | Filed: Oct 7, 1971 | Docket: 64522391

Published

ground that “he was charged with a violation of Section 562.451(1), Florida Statutes [F.S.A.], for possession

State v. Cauley

213 So. 2d 521, 1968 Fla. App. LEXIS 5167

District Court of Appeal of Florida | Filed: Aug 22, 1968 | Docket: 64506523

Published

whiskey under F.S.A. Section 562.451(2), F.S.A.1967. We reverse. Section 562.451(2) provides: “(2) Any

State ex rel. Dixon v. Cochran

114 So. 2d 228

District Court of Appeal of Florida | Filed: Aug 18, 1959 | Docket: 60193145

Published

count charged a violation of the provisions of Section 562.451, Florida Statutes, F.S.A., which statute has

State ex rel. Smith v. Cochrane

112 So. 2d 605, 1959 Fla. App. LEXIS 2956

District Court of Appeal of Florida | Filed: Jun 9, 1959 | Docket: 60192622

Published

charging a violation of the provisions of Section 562.451(4), Florida Statutes, F.S.A., which statute

Gilchrist v. State

112 So. 2d 602, 1959 Fla. App. LEXIS 2954

District Court of Appeal of Florida | Filed: Jun 3, 1959 | Docket: 60192620

Published

on an information charging a violation of Section 562.451(4), F.S., 1955, F.S.A. The information charged

Byrd v. State

110 So. 2d 52, 1959 Fla. App. LEXIS 3141

District Court of Appeal of Florida | Filed: Mar 10, 1959 | Docket: 60192190

Published

information charged defendant with violation of F.S. § 562.451(4), F.S.A., which provides that any person owning

Linton v. State

109 So. 2d 786

District Court of Appeal of Florida | Filed: Feb 27, 1959 | Docket: 60192025

Published

beverages, including section 562.451 in Count One. Under subsection (1) of Section 562.451, it is provided:

Clinton v. State

100 So. 2d 82

District Court of Appeal of Florida | Filed: Jan 31, 1958 | Docket: 60189361

Published

count one, possession of moonshine liquor, section 562.451, Florida Statutes, F.S.A.; count two, possession

Warren v. State

74 So. 2d 688, 1954 Fla. LEXIS 1159

Supreme Court of Florida | Filed: Sep 14, 1954 | Docket: 64485961

Published

second offense against the beverage laws. Section 562.451, Florida Statutes 1951, F.S.A. He was tried

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