Florida Statute 568.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 568
INTOXICATING LIQUORS IN COUNTIES WHERE PROHIBITED

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F.S. 568.07

568.07 Name sufficient proof; competency of witness.—

(1) In every prosecution for a violation of this chapter, proof that the liquor in question was and is known as whiskey, moonshine whiskey, shine, rum, gin, or brandy or by any other similar name or names shall be prima facie evidence that such liquor is intoxicating and contains more than 6.243 percent of alcohol by volume and that such content is intoxicating. Any person 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 of such liquors may testify as to this opinion, whether such beverage or liquor is or is not intoxicating; and a verdict based upon such testimony shall be valid.

(2) The alcoholic content of any liquor, wine, or beer, or other beverage, may be shown by hydrometer or gravity test made in or away from the presence of the jury by any person who has knowledge of the uses of such instruments, but the production of such evidence shall be optional. The alcoholic content of any liquor or beverage, or compound, which is the subject of any inquiry in any proceedings or prosecution may also be shown by chemical analysis or any other analysis made by and certified by any competent chemist. The sample analyzed may be identified by the sworn testimony of any peace officer or prosecuting officer, that he or she personally delivered to such chemist such sample for analysis and that it was personally taken by him or her from the receptacle containing the beverage, drink, or alcoholic liquor or compound which is the subject of inquiry.

(3) The mode of proof herein provided shall be considered cumulative and not exclusive.

History.—s. 7, ch. 18016, 1937; CGL 1940 Supp. 7648(16); s. 3, ch. 84-299; s. 19, ch. 86-269; s. 49, ch. 91-220; s. 100, ch. 92-291; s. 881, ch. 97-103.

F.S. 568.07 on Google Scholar

F.S. 568.07 on Casetext

Amendments to 568.07

Arrestable Offenses / Crimes under Fla. Stat. 568.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 568.07.

Annotations, Discussions, Cases:

Cases Citing Statute 568.07

Total Results: 7

STATE OF FLORIDA vs EDUARDO ARTURO TORRES

Court: District Court of Appeal of Florida | Date Filed: 2022-09-09

Snippet: Knight, 154 So. 3d at 1159; Nunn, 121 So. 3d at 568. 7 The State contends that this exception applies

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-03.

Court: Supreme Court of Florida | Date Filed: 2018-09-27

Citation: 253 So. 3d 995

Snippet: WHO EXERCISED CUSTODIAL AUTHORITY § 817.568(7), Fla. Stat. To prove the crime of Fraudulent

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2016-03

Court: Supreme Court of Florida | Date Filed: 2016-10-27

Citation: 202 So. 3d 830

Snippet: PERSON WHO EXERCISED CUSTODIAL AUTHORITY § 8.17.568(7), Fla. Stat. To prove the crime of Fraudulent

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

Court: Supreme Court of Florida | Date Filed: 2015-10-08

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: PERSON WHO EXERCISED" CUSTODIAL AUTHORITY § 817.568(7), Fla. Stat. To prove the crime of Fraudulent

Standard Jury Inst. in Cr. Cases No. 2006-2

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 962 So. 2d 310, 2007 WL 2002611

Snippet: INFORMATION OF A MINOR BY A PARENT OR GUARDIAN § 817.568(7), Fla. Stat. To prove the crime of Fraudulent Use

McDuffee v. Miami Water Heater Co.

Court: Supreme Court of Florida | Date Filed: 1960-06-15

Citation: 122 So. 2d 566, 1960 Fla. LEXIS 2286

Snippet: water conditioning equipment in Charlotte County. *568“(7) That there was no showing of any reason why the

Brown v. State

Court: Supreme Court of Florida | Date Filed: 1943-05-04

Citation: 13 So. 2d 458, 152 Fla. 853, 1943 Fla. LEXIS 1047

Snippet: been concealed was "moonshine whiskey." Section 568.07 provides in effect that it is sufficient under