Florida Statutes
Fla. Stat. § 562.451 (2025)
Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence.
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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.
Arrestable Offenses under F.S. 562.451
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§562.451(1)LIQUOR-POSSESSLESS THAN ONE GALLON ILLEGAL LIQUOR
§562.451(2)LIQUOR-POSSESSONE GALLON OR MORE ILLEGAL LIQUOR
§562.451LIQUOR-POSSESSRENUMBERED. SEE REC # 8774
§562.451LIQUOR-POSSESSRENUMBERED. SEE REC # 8773
Notes of Decisions
Cited in 11
cases, 1954–1971 · leading case: State v. Altman, 106 So. 2d 401 (Fla. 1958).
State v. Altman, 106 So. 2d 401 (Fla. 1958). “' "Paragraph (3) of Fla. Stat. 562.451 [F.S.A.] deals only with such alcoholic beverage as is commonly known as moonshine whiskey and provides that anyone possessing less than one gallon of moonshine whiskey shall be guilty of a misdemeanor.”
Byrd v. State, 110 So. 2d 52 (Fla. 1st DCA 1959). “Furthermore, the sentence imposed was for two separate and distinct crimes.”
Warren v. State, 74 So. 2d 688 (Fla. 1954). “Section 562.451, Florida Statutes 1951, F.”
State v. Cauley, 213 So. 2d 521 (Fla. 4th DCA 1968). “Section 562.451(2), F.S.A.1967. We reverse.”
Clinton v. State, 100 So. 2d 82 (Fla. 2d DCA 1958). “The convictions concerned: count one, possession of moonshine liquor, section 562.451, Florida Statutes, F.S.A.”
Linton v. State, 109 So. 2d 786 (Fla. 2d DCA 1959). “Appellant was thus convicted under subsection (1) and was sentenced under subsection (4) of Section 562.451, Florida Statutes 1955, F.”
State v. Hart, 253 So. 2d 150 (Fla. 1st DCA 1971). “” To this information the defendant promptly filed a motion to quash both counts on the ground that “he was charged with a violation of Section 562.451(1), Florida Statutes [F.S.”
State ex rel. Smith v. Cochrane, 112 So. 2d 605 (Fla. 2d DCA 1959). “e petitioner in the Circuit Court, and the return, of the respondent to the writ of habeas, corpus issued on June 2, 1959, and the Court finding that the petitioner is presently in custody of the respondent serving a sentence of four years imposed by the Circuit Court for…”
Gilchrist v. State, 112 So. 2d 602 (Fla. 2d DCA 1959). “This is an appeal from a conviction and sentence of appellant on an information charging a violation of Section 562.451(4), F.S., 1955, F.S.A. The information charged that appellant: “did then and there unlawfully and feloniously own or possess more than one (1) gallon of…”
State ex rel. Dixon v. Cochran, 114 So. 2d 228 (Fla. 2d DCA 1959). “1957, was thereafter on September 3, 1957 adjudged guilty of the offense charged in each of said counts and sentenced on the first count to imprisonment in the State Penitentiary for a period of three (3) years and sentence deferred on the three remaining counts of the…”
State v. Ellis, 6 Fla. Supp. 151 (Fla. Cir. Ct., Pinellas Cty. 1955). “Section 562.451, Florida Statutes 1953, specifically makes possession of moonshine whiskey a misdemeanor which is triable in this county in the civil and criminal court, of record.”
— 562.451(1) — 2 cases
State v. Altman, 106 So. 2d 401 (Fla. 1958). “' "Paragraph (3) of Fla. Stat. 562.451 [F.S.A.] deals only with such alcoholic beverage as is commonly known as moonshine whiskey and provides that anyone possessing less than one gallon of moonshine whiskey shall be guilty of a misdemeanor.”
State v. Hart, 253 So. 2d 150 (Fla. 1st DCA 1971). “” To this information the defendant promptly filed a motion to quash both counts on the ground that “he was charged with a violation of Section 562.451(1), Florida Statutes [F.S.”
— 562.451(2) — 2 cases
State v. Cauley, 213 So. 2d 521 (Fla. 4th DCA 1968). “Section 562.451(2), F.S.A.1967. We reverse.”
State v. Altman, 106 So. 2d 401 (Fla. 1958). “' "Paragraph (3) of Fla. Stat. 562.451 [F.S.A.] deals only with such alcoholic beverage as is commonly known as moonshine whiskey and provides that anyone possessing less than one gallon of moonshine whiskey shall be guilty of a misdemeanor.”
— 562.451(3) — 1 case
State v. Cauley, 213 So. 2d 521 (Fla. 4th DCA 1968). “Section 562.451(2), F.S.A.1967. We reverse.”
— 562.451(4) — 4 cases
Byrd v. State, 110 So. 2d 52 (Fla. 1st DCA 1959). “Furthermore, the sentence imposed was for two separate and distinct crimes.”
State v. Altman, 106 So. 2d 401 (Fla. 1958). “' "Paragraph (3) of Fla. Stat. 562.451 [F.S.A.] deals only with such alcoholic beverage as is commonly known as moonshine whiskey and provides that anyone possessing less than one gallon of moonshine whiskey shall be guilty of a misdemeanor.”
State ex rel. Smith v. Cochrane, 112 So. 2d 605 (Fla. 2d DCA 1959). “e petitioner in the Circuit Court, and the return, of the respondent to the writ of habeas, corpus issued on June 2, 1959, and the Court finding that the petitioner is presently in custody of the respondent serving a sentence of four years imposed by the Circuit Court for…”
Gilchrist v. State, 112 So. 2d 602 (Fla. 2d DCA 1959). “This is an appeal from a conviction and sentence of appellant on an information charging a violation of Section 562.451(4), F.S., 1955, F.S.A. The information charged that appellant: “did then and there unlawfully and feloniously own or possess more than one (1) gallon of…”
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