Florida Statute 562.451 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.451

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.

F.S. 562.451 on Google Scholar

F.S. 562.451 on Casetext

Amendments to 562.451

Arrestable Offenses / Crimes under Fla. Stat. 562.451

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

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

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

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

Annotations, Discussions, Cases:

Cases Citing Statute 562.451

Total Results: 10

State v. Hart

Court: Fla. Dist. Ct. App. | Date Filed: 1971-10-07T00:00:00-07:00

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

Snippet: that “he was charged with a violation of Section 562.451(1), Florida Statutes [F.S.A.], for possession of…violating in the County Judge’s Court — namely Section 562.451(1), which provides: “Any person who owns or has

State v. Cauley

Court: Fla. Dist. Ct. App. | Date Filed: 1968-08-22T00:00:00-07:00

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

Snippet: whiskey under F.S.A. Section 562.451(2), F.S.A.1967. We reverse. Section 562.451(2) provides: “(2) Any person…$5,000.00, or both.” Also pertinent is Section 562.451(3), which states: “(3) In any prosecution under…sufficient to charge the crime defined in Section 562.451(2). See Major v. State, Fla.1965, 180 So.2d 335…elements of the activity proscribed by Section 562.451(2) are plain: (1) Ownership, possession or control…pertinent to a ruling on a motion to quash. Section 562.451(3) provides a rebuttable presumption of illegal

State ex rel. Dixon v. Cochran

Court: Fla. Dist. Ct. App. | Date Filed: 1959-08-18T00:00:00-07:00

Citation: 114 So. 2d 228

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

State ex rel. Smith v. Cochrane

Court: Fla. Dist. Ct. App. | Date Filed: 1959-06-09T00:00:00-07:00

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

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

Gilchrist v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1959-06-03T00:00:00-07:00

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

Snippet: an information charging a violation of Section 562.451(4), F.S., 1955, F.S.A. The information charged … Supreme Court of Florida has declared Section 562.451(4), F.S., 1955, F.S.A., invalid.1 The information

Byrd v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1959-03-10T00:00:00-08:00

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

Snippet: information charged defendant with violation of F.S. § 562.451(4), F.S.A., which provides that any person owning… charging the crime of possession under F.S. § 562.451 (4), F.S.A., but are unable to discern what portion

Linton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1959-02-27T00:00:00-08:00

Citation: 109 So. 2d 786

Snippet: , including section 562.451 in Count One. Under subsection (1) of Section 562.451, it is provided: “It… was sentenced under subsection (4) of Section 562.451, Florida Statutes 1955, F.S.A. However, subsequent…construction applicable to penal laws in general, section 562.451 (4) is invalid, and the information predicated

State v. Altman

Court: Fla. | Date Filed: 1958-10-30T23:53:00-08:00

Citation: 106 So. 2d 401

Snippet: applicable provisions of the law appear as Section 562.451, Florida Statutes, F.S.A.[4] The contentions of…essence: that the controlling provision, sub-section 562.451(4), penalizes the possession of "moonshine… for a previously defined offense. Sub-section 562.451(1) had, of course, theretofore proscribed the possession…simply "amending Sub-section (3) of Section 562.451, Florida Statutes, and adding a new Subsection …construction applicable to penal laws in general, section 562.451(4) is invalid, and the information predicated thereon

Clinton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1958-01-31T00:00:00-08:00

Citation: 100 So. 2d 82

Snippet: count one, possession of moonshine liquor, section 562.451, Florida Statutes, F.S.A.; count two, possession…and can concern only the provisions of section 562.451 relating to unlawful possession of moonshine whiskey

Warren v. State

Court: Fla. | Date Filed: 1954-09-14T00:00:00-07:00

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

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