Florida Statute 568.09 | 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. 568.09

568.09 Holding federal license or tax stamp prima facie evidence.—The holding, owning, having in possession, or paying for a license or tax stamp issued by the internal revenue authorities of the United States showing the payment of a tax as a dealer in intoxicating liquors, wines, or beer, by the holder thereof to the United States Government shall be held in all the courts of this state as prima facie evidence against the holder thereof in prosecution of such holder for violation of this chapter and upon proof being made by the certificate of the collector of internal revenue, as provided for by the federal statute, in cases where the proper prosecuting officers shall produce said certificate or certified copy, the grand jury may indict the holder of such license or tax stamp or the proper prosecuting officer may file information against the holder of such license or tax stamp without further proof, charging such holder with the violation of this chapter, and upon the trial of persons charged with the violation of this chapter, upon information or indictment proof of the owning, holding, or possession of such license or tax stamp by the defendant may be made by two witnesses who have seen such license or tax stamp in the place of business or the holder thereof, or by the production of the original tax stamp or license with proof that said license or tax stamp is the property of the defendant by one or more witnesses, or by production by the prosecuting officer of a certified copy of said license, tax stamp or certificate of the Collector of Internal Revenue of the United States; and proof having been made as provided in this section, it shall be sufficient evidence, without explanation, to convict.

History.—s. 9, ch. 18016, 1937; CGL 1940 Supp. 7648(18).

F.S. 568.09 on Google Scholar

F.S. 568.09 on Casetext

Amendments to 568.09

Arrestable Offenses / Crimes under Fla. Stat. 568.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 568.09.

Annotations, Discussions, Cases:

Cases Citing Statute 568.09

Total Results: 8

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: PERSONAL IDENTIFICATION INFORMATION § 817.568(9), Fla. Stat. To prove the crime of [Fraudulent

STATE OF FLORIDA v. FRANKLIN JONES

Court: District Court of Appeal of Florida | Date Filed: 2017-11-08

Citation: 230 So. 3d 22

Snippet: Mendoza-Martinez, 372 U.S. 144, 168-169, 83 S.Ct. 554, 567-568, 9 L.Ed.2d 644 (1963), provide useful guideposts,

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: PERSONAL IDENTIFICATION INFORMATION § 817.568(9), Fla. Stat. To prove the crime of [Fraudulent

State v. Converse

Court: District Court of Appeal of Florida | Date Filed: 2012-01-20

Citation: 78 So. 3d 78, 2012 Fla. App. LEXIS 672, 2012 WL 162031

Snippet: Mendoza-Martinez, 372 U.S. 144, 168-169, 83 S.Ct. 554, 567-568, 9 L.Ed.2d 644 (1963), provide useful guideposts,

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: COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION § 817.568(9), Fla. Stat. To prove the crime of Fraudulent [Creation]

STATE, DEPT. OF CORRECTIONS v. Goad

Court: District Court of Appeal of Florida | Date Filed: 2000-03-13

Citation: 754 So. 2d 95, 2000 Fla. App. LEXIS 2692, 2000 WL 266334

Snippet: Mendoza-Martinez, 372 U.S. 144, 168-169, 83 S.Ct. 554, 567-568, 9 L.Ed.2d 644 (1963), the Court in Hudson listed

State v. Knowles

Court: District Court of Appeal of Florida | Date Filed: 1993-10-01

Citation: 625 So. 2d 88, 1993 WL 383000

Snippet: Mendoza-Martinez, 372 U.S. 144, 167-170, 83 S.Ct. 554, 567-568, 9 L.Ed.2d 644 (1963), lists seven factors to be considered

Walters v. Sheffield

Court: Supreme Court of Florida | Date Filed: 1918-04-05

Citation: 75 Fla. 505, 78 So. 539

Snippet: 18 Barb. (N. Y.) 484; Notes to 116 Am. St. Rep. 568; 9 R. C. L. pp. 831, 833. Ejectment lies to recover