The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.34

562.34 Containers; seizure and forfeiture.—

(1) It shall be unlawful for any person to have in her or his possession, custody, or control any cans, jugs, jars, bottles, vessels, or any other type of containers which are being used, are intended to be used, or are known by the possessor to have been used to bottle or package alcoholic beverages; however, this provision shall not apply to any person properly licensed to bottle or package such alcoholic beverages or to any person intending to dispose of such containers to a person, firm, or corporation properly licensed to bottle or package such alcoholic beverages.

(2) It shall be unlawful for any person to sell or otherwise dispose of any cans, jugs, jars, bottles, vessels, or any other type of containers, knowing that such are to be used in the bottling or packaging of alcoholic beverages, unless the person receiving same, by purchase or otherwise, shall hold a license to manufacture or distribute such alcoholic beverages.

(3) It shall be unlawful for any person to transport any cans, jugs, jars, bottles, vessels, or any other type of containers intended to be used to bottle or package alcoholic beverages; however, this section shall not apply to any firm or corporation holding a license to manufacture or distribute such alcoholic beverages and shall not apply to any person transporting such containers to any person, firm, or corporation holding a license to manufacture or distribute such alcoholic beverages.

(4) Any person violating any provision of this section of the law shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any such cans, jugs, jars, bottles, vessels, or any other type of container found in the possession, custody, or control of any person which are being used or are intended to be used or to be disposed of in violation of this section shall be seized by the division, sheriffs, or deputy sheriffs and shall be forfeited to the state.

(6) Notwithstanding the provisions of this section, it shall not be unlawful for any person to have in her or his possession, custody, or control a growler as described in s. 563.06(7), either full or empty, or to transport such growler.

History.—s. 11, ch. 19301, 1939; CGL 1940 Supp. 4151(271s); s. 3, ch. 61-218; ss. 16, 35, ch. 69-106; s. 571, ch. 71-136; s. 2, ch. 72-230; s. 25, ch. 79-11; s. 5, ch. 86-269; s. 867, ch. 97-103; s. 7, ch. 2015-12.

F.S. 562.34 on Google Scholar

F.S. 562.34 on Casetext

Amendments to 562.34

Arrestable Offenses / Crimes under Fla. Stat. 562.34

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

S562.34 - LIQUOR - UNLAW POSSESS SELL TRANS ALCOHOL BEV CONTAINER - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. HART,, 253 So. 2d 150 (Fla. Dist. Ct. App. 1971)

. . . sizes, to-wit: one-half pints, pints and quart size bottles, contrary to the provisions of section 562.34 . . . Section 562.32 of the Florida Statutes [F.S.A.] in the First Count herein and in violation of Section 562.34 . . . Sections 562.32 and 562.34 — quoted above — are vastly different from the crime defined in the Section . . . Judge’s Court, creates a crime that differs greatly from the crimes described in Sections 562.-32 and 562.34 . . .

UNITED STATES v. McKINNON,, 426 F.2d 845 (5th Cir. 1970)

. . . . § 562.34 in part here pertinent provides: “(1) It shall be unlawful for any person to have in his possession . . .

BROWN, v. STATE, 181 So. 2d 562 (Fla. Dist. Ct. App. 1966)

. . . The defendant, Samuel Brown, appeals the judgment finding him guilty of violating Section 562.34(1), . . . defendant had in his possession, custody and control bottles, vessels or containers in violation of Section 562.34 . . .

Jr. Co. v., 5 Ct. Cust. 51 (C.C.P.A. 1914)

. . . proclaimed by the Secretary of the Treasury for the quarter in which the goods were imported, gave $562.34 . . .