(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.
Structure Florida Statutes
Title XXXIV - Alcoholic Beverages and Tobacco
Chapter 562 - Beverage Law: Enforcement
562.01 - Possession of Untaxed Beverages.
562.02 - Possession of Beverage Not Permitted to Be Sold Under License.
562.025 - Possession of Beverages as Food Ingredients.
562.03 - Storage on Licensed Premises.
562.06 - Sale Only on Licensed Premises.
562.061 - Misrepresentation of Beverages Sold on Licensed Premises.
562.07 - Illegal Transportation of Beverages.
562.111 - Possession of Alcoholic Beverages by Persons Under Age 21 Prohibited.
562.121 - Operating Bottle Club Without License Prohibited.
562.13 - Employment of Minors or Certain Other Persons by Certain Vendors Prohibited; Exceptions.
562.131 - Solicitation for Sale of Alcoholic Beverage Prohibited; Penalty.
562.15 - Unlawful Possession; Unpaid Taxes.
562.16 - Possession of Beverages Upon Which Tax Is Unpaid.
562.165 - Production of Beer or Wine for Personal or Family Use; Exemption.
562.17 - Collection of Unpaid Beverage Taxes.
562.18 - Possession of Beverage Upon Which Federal Tax Unpaid.
562.20 - Monthly Reports by Common and Other Carriers of Beverages Required.
562.23 - Conspiracy to Violate Beverage Law; Penalty.
562.24 - Administration of Oaths by Director or Authorized Employees.
562.25 - State Bonded Warehouses.
562.26 - Delivering Beverage on Which Tax Unpaid.
562.27 - Seizure and Forfeiture.
562.28 - Possession of Beverages in Fraud of Beverage Law.
562.29 - Raw Materials and Personal Property; Seizure and Forfeiture.
562.30 - Possession of Beverage Prima Facie Evidence; Exception.
562.31 - Possession of Raw Materials Prima Facie Evidence; Exception.
562.32 - Moving or Concealing Beverage With Intent to Defraud State of Tax; Penalty.
562.33 - Beverage and Personal Property; Seizure and Forfeiture.
562.34 - Containers; Seizure and Forfeiture.
562.35 - Conveyance; Seizure and Forfeiture.
562.36 - Beverage on Conveyance Prima Facie Evidence; Proviso.
562.408 - Exercise of Police Power.
562.42 - Destruction of Forfeited Property.
562.452 - Curb Service of Intoxicating Liquor Prohibited.
562.453 - Curb Drinking of Intoxicating Liquor Prohibited.
562.454 - Vendors to Be Closed in Time of Riot.
562.455 - Adulterating Liquor; Penalty.
562.46 - Legal Remedies Not Impaired.
562.47 - Rules of Evidence; Beverage Law.
562.48 - Minors Patronizing, Visiting, or Loitering in a Dance Hall.
562.50 - Habitual Drunkards; Furnishing Intoxicants To, After Notice.
562.51 - Retail Alcoholic Beverage Establishments; Rights as Private Enterprise.
562.61 - Sale, Offer for Sale, Purchase, or Use of Alcohol Vaporizing Devices Prohibited.