562.47
Rules of evidence; Beverage Law.
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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.
Notes of Decisions
Cited in 4
cases, 1955–1998 · leading case: Byrd v. State
Byrd v. State (1955)
“(See, however, present F.S. § 562.47, F.S.A., allowing opinion evidence of the intoxicating nature of liquor.”
J.B. v. State (1998)
“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.”
Bajrangi v. DEPT. OF BUSINESS REG. (1990)
“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.”
JB v. State (1998)
“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.”
— 562.47(1) — 2 cases
J.B. v. State (1998)
“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.”
JB v. State (1998)
“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.”
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