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

J.B. v. State

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

Supreme Court of Florida | Filed: Jan 22, 1998 | Docket: 64779013

Cited 81 times | Published

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

JB v. State

705 So. 2d 1376, 1998 WL 19229

Supreme Court of Florida | Filed: Jan 22, 1998 | Docket: 1577063

Cited 42 times | Published

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

Byrd v. State

80 So. 2d 694

Supreme Court of Florida | Filed: Apr 29, 1955 | Docket: 1440596

Cited 20 times | Published

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

Bajrangi v. DEPT. OF BUSINESS REG.

561 So. 2d 410, 1990 WL 59231

District Court of Appeal of Florida | Filed: May 10, 1990 | Docket: 1480721

Cited 4 times | Published

such rules or guidelines existed. Moreover, section 562.47, Florida Statutes, which appears to be cited

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