Florida Statute 562.47 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.47

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

Arrestable Offenses / Crimes under Fla. Stat. 562.47

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 562.47.

Annotations, Discussions, Cases:

Cases Citing Statute 562.47

Total Results: 4

J.B. v. State

Court: Supreme Court of Florida | Date Filed: 1998-01-22

Citation: 705 So. 2d 1376, 23 Fla. L. Weekly Supp. 44, 1998 Fla. LEXIS 11

Snippet: that the substance was alcoholic in nature. See § 562.47(1), Fla.Stat. (1995). For the reasons expressed

JB v. State

Court: Supreme Court of Florida | Date Filed: 1998-01-22

Citation: 705 So. 2d 1376, 1998 WL 19229

Snippet: that the substance was alcoholic in nature. See § 562.47(1), Fla. Stat. (1995). For the reasons expressed

Bajrangi v. DEPT. OF BUSINESS REG.

Court: District Court of Appeal of Florida | Date Filed: 1990-05-10

Citation: 561 So. 2d 410, 1990 WL 59231

Snippet: it's statute, sir. We'll give it to you. It's 562.47. After the hearing, the Division filed with the

Byrd v. State

Court: Supreme Court of Florida | Date Filed: 1955-04-29

Citation: 80 So. 2d 694

Snippet: taste and smell. (See, however, present F.S. § 562.47, F.S.A., allowing opinion evidence of the intoxicating