The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

View Entire Chapter

F.S. 561.65

561.65 Mortgagee’s interest in license.—

(1) Any person holding a bona fide mortgage or lien or security interest in a spirituous alcoholic beverage license in this state shall have the right to enforcement of a lien against that license within 180 days after any order of revocation or suspension by an administrative officer or department of the government for a cause or causes of which the lienholder did not have knowledge or in which he or she did not participate. The division is required to notify any lienholder properly filing pursuant to subsection (4) of a pending revocation or suspension. No revoked quota beverage license encumbered by a lien or security interest perfected in accordance with this section shall be issued in accordance with s. 561.19(2) until the 180-day period has elapsed or until such enforcement proceeding is final. Liens or security interests in spirituous alcoholic beverage licenses existing prior to July 1, 1981, shall not be affected by the provisions of this section.

(2) The purchaser at a foreclosure sale shall have the right to operate under such license, if otherwise lawfully qualified and authorized by the division to do so, or to have a reasonable time within which to transfer the license to some person qualified under the laws of this state to operate under such license. If the purchaser is a distributor licensed under the Beverage Law, the license becomes inoperative immediately and remains in such status until transferred, in accordance with the Beverage Law, to a person qualified to operate under such license; however, the distributor shall transfer such license within 245 days after the date of purchase.

(3) If any such bona fide mortgagee or lienholder serves notice in writing on the division of the extension of such lien and accompanies that notice with the payment of the fee set forth in subsection (4) to the division, which money shall be used by the division to defray the costs of providing this service, then such lienholder shall be notified in writing of the filing of an order to show cause as to why the license should not be suspended and revoked; and also the lienholder shall be furnished a copy of any order of suspension or revocation. In this event, the 180 days within which to file for the enforcement of the lien by the lienholder shall commence running from the date of the mailing of the copy of the order of revocation or suspension.

(4) In order to perfect a lien or security interest in a spirituous alcoholic beverage license which may be enforceable against the license, the party which holds the lien or security interest, within 90 days of the date of creation of the lien or security interest, shall record the same with the division on or with forms authorized by the division, which forms shall require the names of the parties and the terms of the obligation. The division, upon the request of any person or entity, shall conduct a lien search and shall provide to the requester copies of all recorded liens and security interests in the division’s records under the name searched, all for the fee set forth in this subsection. The fee for recording a lien or security interest shall be $10; the fee for recording an assignment of a recorded lien or security interest shall be $10; the fee for recording a satisfaction of a lien or security interest shall be $10; and the fee for a lien search shall be $20. The division shall promulgate forms to be used under this subsection. All liens and security interests filed on or after July 1, 1995, shall expire 5 years after recordation unless renewed by the lienholder within 6 months prior to its expiration date. All liens and security interests filed prior to July 1, 1995, shall expire on July 1, 2000, unless renewed by the lienholder within 6 months prior to that date. Renewals of liens and security interests shall be subject to a $10 renewal fee.

(5) Any foreclosure of a perfected lien in a beverage license shall be in the circuit court in the county in which the beverage license is issued, and the division shall be joined as an indispensable party. All holders of liens senior to the lien being foreclosed shall be joined and deemed necessary parties to the foreclosure.

(6) Upon a judgment of foreclosure and after written notice to each distributor of alcoholic beverages who has filed a claim in the foreclosure, the clerk of the circuit court shall sell the license at public auction, pursuant to chapter 45, to the highest and best bidder, who shall pay the amount bid by a cashier’s check within 24 hours of the time of sale. The proceeds from the sale of such license, after deducting the expenses of the sale, shall be paid, first, to the lienholder or lienholders in the order of date of filing and, second, to creditors who have paid or by law are obligated to pay federal or state excise taxes on purchases by the licensee; and the balance shall be paid as directed in the judgment of foreclosure.

(7) The institution of foreclosure procedures or the judicial transfer of a license shall not prevent the division from suspending or imposing a civil penalty against the licensee of record at the time of the alleged violation. However, should the division obtain a revocation of the license against the previous licensee of record, the revocation shall be effective only to impair the qualifications of the officers, directors, or stockholders of that licensee.

History.—s. 1, ch. 69-115; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 18, ch. 79-11; s. 21, ch. 81-158; s. 6, ch. 84-262; s. 11, ch. 95-346; s. 852, ch. 97-103; s. 3, ch. 2003-20.

F.S. 561.65 on Google Scholar

F.S. 561.65 on Casetext

Amendments to 561.65

Arrestable Offenses / Crimes under Fla. Stat. 561.65

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.65.

Annotations, Discussions, Cases:

Cases from cite.case.law:

VMI ENTERTAINMENT, LLC, a v. WESTWOOD PLAZA, LLC GM LLC, 152 So. 3d 617 (Fla. Dist. Ct. App. 2014)

. . . Stat. (2013); § 561.65(4), Fla. Stat. (2013). . . . We neéd not delve further into the meaning of “goods and chattels,” because section 561.65(4), Florida . . . Section 561.65(4) prescribes the manner in which a lien or security interest in a “spirituous alcoholic . . . Tobacco on forms authorized by the Division within ninety days of the creation of such an interest. § 561.65 . . . amicus brief in this appeal, opines that a writ of attachment cannot satisfy the requirements of section 561.65 . . .

SPLASH ENTERTAINMENT, INC. v. SONS OF IRELAND, INC., 867 So. 2d 423 (Fla. Dist. Ct. App. 2004)

. . . The trial court granted Ireland’s motion for summary judgment finding that, pursuant to section 561.65 . . . Section 561.65(4) provides, in part: “In order to perfect a lien or security interest in a spirituous . . . As such, it seems that a notice of lien filed pursuant to section 561.65(4) is not recorded, but merely . . . Therefore, we find that pursuant to section 561.65(4), a lien on a liquor license is enforceable if it . . . Pursuant to section 561.65(4), the lien must be recorded utilizing forms approved by the DABT. . . .

DERY v. OCCHIUZZO AND OCCHIUZZO ENTERPRISES, INC., 771 So. 2d 1276 (Fla. Dist. Ct. App. 2000)

. . . According to section 561.65(4), Florida Statutes (1997), a lien in a liquor license is perfected by filing . . . the necessary documents with DABT within ninety days of the creation of the lien. § 561.65(4), Fla. . . . 596 So.2d 1038 (Fla.1992)(holding the recording of a security interest with DABT pursuant to section 561.65 . . .

J. LACHANCE v. DESPERADO S OF HOLLY HILL, INC., 760 So. 2d 1023 (Fla. Dist. Ct. App. 2000)

. . . (b) LOMAR, INC. was not required to perfect its ownership interest pursuant to Section 561.65, Florida . . . Paragraph (l)(b) provides for a transfer to a person who enforces a lien pursuant to section 561.65. . . . The legislature, in enacting section 561.65(4), devised a method under which a security interest can . . . effect of discouraging the Lachance Trust from loaning the funds, but technically, section 561.65(4) . . . Sections 561.65(5) and (6) should be modified to establish a procedure for foreclosures when a license . . .

WALLING ENTERPRISES, INC. v. J. MATHIAS,, 636 So. 2d 1294 (Fla. 1994)

. . . STATUTORY LANDLORD’S LIEN IN A LIQUOR LICENSE, MUST A LANDLORD FILE WITH THE DIVISION PURSUANT TO SECTION 561.65 . . . the leased premises and that Walling did not have to perfect the possessory lien pursuant to section 561.65 . . . The court further concluded that this possessory lien need not be perfected pursuant to section 561.65 . . . Section 561.65(4), Florida Statutes (1985), provides the method for perfecting a lien or security interest . . . McGurn, 596 So.2d 1038 (Fla.1992), this Court held that the filing with the Division under section 561.65 . . .

FLANIGAN S ENTERPRISES, INC. v. BARNETT BANK OF NAPLES,, 614 So. 2d 1198 (Fla. Dist. Ct. App. 1993)

. . . in 1978, the landlord’s lien or security interest created by it is not controlled by revised section 561.65 . . . See, e.g., § 561.65. . . .

J. MATHIAS, v. WALLING ENTERPRISES, INC., 609 So. 2d 1323 (Fla. Dist. Ct. App. 1992)

. . . Walling’s Statutory Lien Did Not Have to be Perfected Pursuant to Either Section 561.65(4) or Section . . . McGurn, 596 So.2d 1038 (Fla.1992), applicable case law required dual filing under both sections 561.65 . . . Section 561.65(4)-(7) was enacted in 1981 by Chapter 81-158, section 21, Laws of Florida. . . . Section 561.65(4)-(7) provides that: (1) a filing be made within ninety days of the date of creation . . . Section 561.65(4) provides in pertinent part: 561.65 Mortgagee’s interest in license.— ****** (4) In . . . . § 561.65(4), this Court concludes that dual filing was required by Rosie’s in order for it to properly . . . was the landlord (Walling) required to file notice of its lien with the Division pursuant to section 561.65 . . . In 1981, the Florida Legislature added subsections (4), (5), and (6) to section 561.65 which specify . . . a security interest in a liquor license in Florida is to file with the Division pursuant to section 561.65 . . . contended their security interest became perfected by filing with the Division pursuant to section 561.65 . . .

R. McGURN, v. WHISKEY CREEK, INC. R., 964 F.2d 1081 (11th Cir. 1992)

. . . recording of a security interest with the Florida Division of Alcoholic Beverages and Tobacco pursuant to § 561.65 . . .

UNITED STATES v. R. McGURN,, 596 So. 2d 1038 (Fla. 1992)

. . . SECURITY INTEREST WITH THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PURSUANT TO SECTION 561.65 . . . Alcoholic Beverages and Tobacco of the State of Florida, in accordance with the provisions of section 561.65 . . . According to the McGurns, section 561.65(4) supersedes the requirement of section 679.401(1) that the . . . The government acknowledged that the McGurns complied with the requirements of section 561.65 by timely . . . The government contends that as a result of sections 561.65 and 679.401, Florida Statutes, dual filing . . .

R. McGURN, v. WHISKEY CREEK, INC. R., 924 F.2d 998 (11th Cir. 1991)

. . . contend that their security interest became perfected by filing with the Division pursuant to section 561.65 . . . According to the McGurns, section 561.65(4) supersedes the requirement of section 679.401(1) that the . . . The government acknowledged that the McGurns complied with the requirements of section 561.65 by timely . . . The government contends that as a result of sections 561.65 and 679.401, Florida Statutes, dual filing . . . SECURITY INTEREST WITH THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PURSUANT TO SECTION 561.65 . . .

PARKER, v DEPARTMENT OF BUSINESS REGULATION,, 34 Fla. Supp. 2d 228 (Fla. Div. Admin. Hearings 1989)

. . . the division in accordance with the same procedure provided for in §§ 561.17,. 561.18, 561.19, and 561.65 . . .

In SEVILLE ENTERTAINMENT COMPLEX OF PENSACOLA, INC. s, 79 B.R. 491 (Bankr. N.D. Fla. 1987)

. . . file a form with the Florida Division of Alcoholic Beverages in accordance with Florida Statutes § 561.65 . . . The Trustee disagrees and asserts that compliance with § 561.65(4), Florida Statutes is also necessary . . . Florida Statutes § 561.65(4) provides as follows: In order to perfect a lien or security interest in . . . To hold otherwise would be to completely disregard Section 561.65 of the Florida Statutes. . . . In that case, the Court considered whether or not Section 561.65 (as it was then worded) provided for . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, v. GARCIA O, 446 So. 2d 167 (Fla. Dist. Ct. App. 1984)

. . . We agree with the Division that this portion of the order appointing receiver violates section 561.65 . . . Section 561.65, Florida Statutes (1981), authorizes the holder of a security interest in an alcoholic . . . Section 561.65(2), id. Section 561.65(2), Florida Statutes (1979), provides the same result. . . . Appellees’ argument that section 561.65(2), Florida Statutes (1981), is inapplicable to this case by . . .

BROWN L. d b a s v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 432 So. 2d 91 (Fla. Dist. Ct. App. 1983)

. . . The applicable statute is Section 561.65(1), Florida Statutes (1979) and not, as contended by appellants . . . , Section 561.65(1), Florida Statutes (1981). . . . Section 561.65, Florida Statutes (1981) states that Section (1) thereof shall have only a prospective . . . date of the 1981 statute and, thus, appellants’ situation is governed by the earlier statute, Section 561.65 . . .

PROGRESSIVE INVESTORS ASSOCIATION, INC. v. J. SHINGLES,, 405 So. 2d 276 (Fla. Dist. Ct. App. 1981)

. . . The statutory provision dealing with a mortgagee’s interest in a liquor license is § 561.65, Florida . . .

CONEY, v. FIRST STATE BANK OF MIAMI, J. J. d b a s a, 405 So. 2d 257 (Fla. Dist. Ct. App. 1981)

. . . . § 561.65, Fla. Stat. (1979). . . .

In COED SHOP, INC., 435 F. Supp. 472 (N.D. Fla. 1977)

. . . . § 561.65 (1975). . . . This ruling was based upon a finding that Fla.Stat. § 561.65 (1975) is a central filing statute within . . . Stat. § 561.65(3) (1975) is a central filing statute within the meaning of section 679.-302(3)(b), and . . . Section 561.65(3) provides: (3) If any such bona fide mortgagee or lienholder shall serve notice in writing . . . In light of these deficiencies it becomes obvious that Fla.Stat. § 561.65 (1975) does not provide a substitute . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE, v. SMALL BUSINESS ASSISTANCE CORPORATION OF PANAMA CITY, FLORIDA, a, 298 So. 2d 430 (Fla. Dist. Ct. App. 1974)

. . . of the trial court from whence this appeal emanated is affirmed on the authority of Florida Statute 561.65 . . .

c. W., 14 Fla. 544 (Fla. 1874)

. . . Dickerson from Payne, of $561.65. . . .