Florida Statute 562.47 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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562.47 Rules of evidence; Beverage Law.—In all prosecutions for violations of the Beverage Law:

(1) Proof that the liquor in question was and is known as whiskey, moonshine whiskey, shine, rum, gin, or brandy or by another similar name or names shall be prima facie evidence that such liquor is intoxicating and contains more than 4.007 percent of alcohol by volume and that same is intoxicating.

(2) Proof that the beverage in question was contained in a container labeled as “beer,” “ale,” “malt liquor,” “malt beverage,” “wine,” or “distilled spirits” or with other similar name; and which bears the manufacturer’s insignia, name, or trademark is prima facie evidence that such beverage is an alcoholic beverage as defined in s. 561.01.

(3) Any person or persons who by experience in the past in the handling or use of intoxicating liquors, or who by taste, smell, or the drinking of such liquors has knowledge as to the intoxicating nature thereof, may testify as to his or her opinion whether such beverage or liquor is or is not intoxicating, and a verdict based upon such testimony shall be valid.

History.—s. 1, ch. 20744, 1941; s. 2, ch. 72-230; s. 1, ch. 85-44; s. 7, ch. 86-269; s. 25, ch. 91-60; s. 871, ch. 97-103.

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Amendments to 562.47

Annotations, Discussions, Cases:

Cases Citing Statute 562.47

Total Results: 4 | Sort by: Relevance | Newest First

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J.B. v. State, 705 So. 2d 1376 (Fla. 1998).

Cited 81 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 44, 1998 Fla. LEXIS 11

...wledged possessing was non-alcoholic. As to this issue, we find that J.B.’s admission that the substance he possessed was “beer” is direct evidence and is sufficient to make a prima facie showing that the substance was alcoholic in nature. See § 562.47(1), Fla.Stat....

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JB v. State, 705 So. 2d 1376 (Fla. 1998).

Cited 42 times | Published | Supreme Court of Florida | 1998 WL 19229

...acknowledged possessing was non-alcoholic. As to this issue, we find that J.B.'s admission that the substance he possessed was "beer" is direct evidence and is sufficient to make a prima facie showing that the substance was alcoholic in nature. See § 562.47(1), Fla....

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Byrd v. State, 80 So. 2d 694 (Fla. 1955).

Cited 20 times | Published | Supreme Court of Florida

...329, is perhaps closest to a declaration by this court upon the point involved. In that case, doubt was cast upon the ability of even an expert to detect the difference between liquors containing more or less than a specified percentage of alcohol, where the test was limited to taste and smell. (See, however, present F.S. § 562.47, F.S.A., allowing opinion evidence of the intoxicating nature of liquor....

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Bajrangi v. Dept. of Bus. Reg., 561 So. 2d 410 (Fla. 5th DCA 1990).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1990 WL 59231

...Bajrangi: No, Sir. Hearing Officer: Mr. Ramey, you are referring to guidelines approved by the Department in the Florida Administrative Code. Mr. Ramey: Yes, sir. *412 Hearing Officer: Okay. Counsel: Actually, it's statute, sir. We'll give it to you. It's 562.47....

...Ramey said they were. Yet, the Division has cited no reference to any such "guidelines" in the Florida Administrative Code, and we have found none. Nor, evidently, did the hearing officer before concluding that no such rules or guidelines existed. Moreover, section 562.47, Florida Statutes, which appears to be cited to the hearing officer as the source of these guidelines, has no such reference....

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