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. 562.451

562.451 Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence.—

(1) Any person who owns or has in her or his possession or under her or his control less than 1 gallon of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any person who owns or has in her or his possession or under her or his control 1 gallon or more of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) In any prosecution under this section, proof that the liquor involved is what is commonly known as moonshine whiskey shall be prima facie evidence that the same was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured.

History.—s. 9, ch. 22669, 1945; s. 17, ch. 23746, 1947; s. 5, ch. 29964, 1955; s. 1, ch. 59-435; s. 574, ch. 71-136; s. 2, ch. 72-230; s. 869, ch. 97-103; s. 26, ch. 2019-167.

F.S. 562.451 on Google Scholar

F.S. 562.451 on Casetext

Amendments to 562.451

Arrestable Offenses / Crimes under Fla. Stat. 562.451

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

S562.451 - LIQUOR-POSSESS - RENUMBERED. SEE REC # 8774 - F: T

S562.451 - LIQUOR-POSSESS - RENUMBERED. SEE REC # 8773 - M: S

S562.451 1 - LIQUOR-POSSESS - LESS THAN ONE GALLON ILLEGAL LIQUOR - M: S

S562.451 2 - LIQUOR-POSSESS - ONE GALLON OR MORE ILLEGAL LIQUOR - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. J. MARSHALL, UNITED STATES v. L. CHAPMAN, M., 908 F.2d 1312 (7th Cir. 1990)

. . . . §§ 561.01, 562.451. . . .

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

. . . filed a motion to quash both counts on the ground that “he was charged with a violation of Section 562.451 . . . Section under which the appellant was convicted of violating in the County Judge’s Court — namely Section 562.451 . . .

STATE v. C. CAULEY, 213 So. 2d 521 (Fla. Dist. Ct. App. 1968)

. . . Section 562.451(2), F.S.A.1967. We reverse. . . . Section 562.451(2) provides: “(2) Any person who owns or has in his possession or under his control one . . . Also pertinent is Section 562.451(3), which states: “(3) In any prosecution under this section, proof . . . The elements of the activity proscribed by Section 562.451(2) are plain: (1) Ownership, possession or . . . Section 562.451(3) provides a rebuttable presumption of illegal manufacture from proof that the liquor . . .

STATE DIXON, v. H. G. COCHRAN,, 114 So. 2d 228 (Fla. Dist. Ct. App. 1959)

. . . the Court further finding that the said first count charged a violation of the provisions of Section 562.451 . . .

STATE SMITH, v. H. G. COCHRANE, Jr., 112 So. 2d 605 (Fla. Dist. Ct. App. 1959)

. . . consequent upon his conviction on an information charging a violation of the provisions of Section 562.451 . . .

GILCHRIST, v. STATE, 112 So. 2d 602 (Fla. Dist. Ct. App. 1959)

. . . appeal from a conviction and sentence of appellant on an information charging a violation of Section 562.451 . . . judgment and sentence from which this appeal is taken, the Supreme Court of Florida has declared Section 562.451 . . .

BYRD, Jr. v. STATE, 110 So. 2d 52 (Fla. Dist. Ct. App. 1959)

. . . . § 562.451(4), F.S.A., which provides that any person owning or possessing one gallon or more of moonshine . . . by which defendant was found guilty under Count Two, charging the crime of possession under F.S. § 562.451 . . .

LINTON, v. STATE, 109 So. 2d 786 (Fla. Dist. Ct. App. 1959)

. . . Chapter 562 of the Florida Statutes 1955, F.S.A., dealing with alcoholic beverages, including section 562.451 . . . Under subsection (1) of Section 562.451, it is provided: “It is unlawful for any person to own or possess . . . Appellant was thus convicted under subsection (1) and was sentenced under subsection (4) of Section 562.451 . . . properly concluded that, under the rules of construction applicable to penal laws in general, section 562.451 . . .

STATE v. ALTMAN,, 106 So. 2d 401 (Fla. 1958)

. . . The applicable provisions of the law appear as Section 562.451, Florida Statutes, F.S.A. . . . of appellee in attacking this statute are, in essence: that the controlling provision, sub-section 562.451 . . . Sub-section 562.451(1) had, of course, theretofore proscribed the possession of alcoholic beverage not . . . “Section 562.451, Florida Statutes [F.S.A.], is as follows: * * * “From the above it will be seen that . . . Sub-section 562.451(2), supra. . See paragraphs 6 to 8 of opinion of lower court in footnote (1). . . . .

J. C. CLINTON, v. STATE, 100 So. 2d 82 (Fla. Dist. Ct. App. 1958)

. . . The convictions concerned: count one, possession of moonshine liquor, section 562.451, Florida Statutes . . . These two appeal points can apply only to count one and can concern only the provisions of section 562.451 . . .

STATE v. ELLIS, 6 Fla. Supp. 151 (Pinellas Cty. Cir. Ct. 1955)

. . . Section 562.451, Florida Statutes 1953, specifically makes possession of moonshine whiskey a misdemeanor . . .

WARREN, v. STATE, 74 So. 2d 688 (Fla. 1954)

. . . Section 562.451, Florida Statutes 1951, F.S.A. . . .