State Overview state laws
Florida is very serious about their laws against home distilling and have invested a great amount of time on filling in any loopholes that may exist in so much as even listing ingredients that cannot be used, most types of equipment and materials.
It is safe to say that it is not legal to own a still or anything that resembles a still in any way besides with a permit to produce and sell spirits.
- (1)?It is unlawful for any person to have in her or his possession, custody, or control, or to own, make, construct, or repair, any still, still piping, still apparatus, or still worm, or any piece or part thereof, designed or adapted for the manufacture of an alcoholic beverage, or to have in her or his possession, custody or control any receptacle or container containing any mash, wort, or wash, or other fermented liquids whatever capable of being distilled or manufactured into an alcoholic beverage, unless such possession, custody, control, ownership, manufacture, construction, or repairing be by or for a person authorized by law to manufacture such alcoholic beverage.
- (2)?It is unlawful for any person to have in her or his possession, custody, or control any raw materials or substance intended to be used in the distillation or manufacturing of an alcoholic beverage unless the person holds a license from the state authorizing the manufacture of the alcoholic beverage.
- (3)?The terms “raw material” or “substance” for the purpose of this chapter shall mean and include, but not be limited to, any of the following: Any grade or type of sugar, syrup, or molasses derived from sugarcane, sugar beets, corn, sorghum, or any other source; starch; potatoes; grain or cornmeal, corn chops, cracked corn, rye chops, middlings, shorts, bran, or any other grain derivative; malt; malt sugar or malt syrup; oak chips, charred or not charred; yeast; cider; honey; fruit; grapes; berries; fruit, grape or berry juices or concentrates; wine; caramel; burnt sugar; gin flavor; Chinese bean cake or Chinese wine cake; urea; ammonium phosphate, ammonium carbonate, ammonium sulphate, or any other yeast food; ethyl acetate or any other ethyl ester; any other material of the character used in the manufacture of distilled spirits or any chemical or other material suitable for promoting or accelerating fermentation; any chemical or material of the character used in the production of distilled spirits by chemical reaction; or any combination of such materials or chemicals.
- (4)?Any such raw materials, substance, or any still, still piping, still apparatus, or still worm, or any piece or part thereof, or any mash, wort, or wash, or other fermented liquid and the receptacle or container thereof, and any alcoholic beverage, together with all personal property used to facilitate the manufacture or production of the alcoholic beverage or to facilitate the violation of the alcoholic beverage control laws of this state or the United States, may be seized by the division or by any sheriff or deputy sheriff and shall be forfeited to the state.
- (5)?It shall be unlawful for any person to sell or otherwise dispose of raw materials or other substances knowing same are to be used in the distillation or manufacture of an alcoholic beverage unless such person receiving same, by purchase or otherwise, holds a license from the state authorizing the manufacture of such alcoholic beverage.
- (6)?Any vehicle, vessel, or aircraft used in the transportation or removal of or for the deposit or concealment of any illicit liquor still or stilling apparatus; any mash, wort, wash, or other fermented liquids capable of being distilled or manufactured into an alcoholic beverage; or any alcoholic beverage commonly known and referred to as “moonshine whiskey” shall be seized and may be forfeited as provided by the Florida Contraband Forfeiture Act. Any sheriff, deputy sheriff, employee of the division, or police officer may seize any of the vehicles, vessels, or conveyances, and the same may be forfeited as provided by law.
- (7)?The finding of any still, still piping, still apparatus, or still worm, or any piece or part thereof, or any mash, wort, or wash or other fermented liquids in the dwelling house or place of business, or so near thereto as to lead to the reasonable belief that they are within the possession, custody, or control of the occupants of the dwelling house or place of business, shall be prima facie evidence of a violation of this section by the occupants of the dwelling house or place of business.
- (8)?Any person violating any provisions of this section of the law shall be guilty of a f
Fuel manufacturing state laws
I could not find any details on Florida’s laws on making ethanol fuel, but based off their laws about still ownership, ethanol production or ownership of supplies to make ethanol I would say it is at least unsafe to manufacture your own fuel without some type of license.
Legal manufacturing licenses & regulations
Florida does offer a commerical license which costs around $4,000. You can view the forms here.
You can read about the Florida Statutes Section 565.03 for more information on distillery related laws.
There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well.
You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit.
This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant
For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license.
Posession stills & moonshine
Any vehicle transporting a still, or illegal spirits will be seized and may be (will be?) forfeited as provided by the Florida Contraband Forfeiture Act.
Anyone caught with a still or caught in the posession of moonshine will be charged with a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. From my reading this is most likely at minimium a $5,000 fine, and some degree of jail time
Current federal laws allow citizens the right to own a still and operate it for non-alcohol production.
This means legally you can:
Each state and even counties have their own laws that may supersede federal laws.
It is your responsibility to know the laws in your area.