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Florida Statute 561.331 - Full Text and Legal Analysis Florida Statute 561.331 | Lawyer Caselaw & Research
Fla. Stat. § 561.331 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
561.331 Temporary license upon application for transfer, change of location, or change of type or series.—
(1) Upon the filing of a properly completed application for transfer pursuant to s. 561.32, which application does not on its face disclose any reason for denying an alcoholic beverage license, by any purchaser of a business that possesses a beverage license of any type or series, the purchaser of such business and the applicant for transfer are entitled as a matter of right to receive a temporary beverage license of the same type and series as that held by the seller of such business. The temporary license will be valid for all purposes under the Beverage Law until the application is denied or until 14 days after the application is approved. Such temporary beverage license shall be issued by the district supervisor of the district in which the application for transfer is made without the assessment of any additional fee or tax. A purchaser operating under this subsection is subject to the same rights, privileges, duties, and limitations of a beverage licensee as are provided by law, except that purchases of alcoholic beverages during the term of such temporary license shall be for cash only. However, such cash-only restriction does not apply if the entity holding a temporary license pursuant to this section purchases alcoholic beverages as part of a single-transaction cooperative purchase placed by a pool buying agent or if such entity is also the holder of a state beverage license authorizing the purchase of the same type of alcoholic beverages as authorized under the temporary license.
(2) Upon the filing of an application for change of location pursuant to s. 561.33 by any qualified licensee who possesses a beverage license of any type or series, which application does not on its face disclose any reason for denying an alcoholic beverage license, the licensee is entitled as a matter of right to receive a temporary beverage license of the same series as that license held by the licensee to be valid for all purposes under the Beverage Law until the application is denied or until 14 days after the application is approved. Such temporary license shall be issued by the district supervisor of the district in which the application for change of location is made without the payment of any further fee or tax. A licensee operating under the provisions of this subsection is subject to the same rights, privileges, duties, and limitations of a beverage licensee as are provided by law.
(3) Upon the filing of a properly completed application to change the type or series of a beverage license by any qualified licensee having a beverage license of any type or series, which application does not on its face disclose any reason for denying an alcoholic beverage license, the licensee is entitled as a matter of right to receive a temporary beverage license of the type or series applied for, which temporary license is valid for all purposes under the Beverage Law until the application is denied or until 14 days after the application is approved. Such temporary license shall be issued by the district supervisor of the district in which the application for change of type or series is made without the assessment of any additional fee or tax. If the department issues a notice of intent to deny the license application for failure of the applicant to disclose the information required by s. 561.15(2) or (4), the temporary license for transfer, change of location, or change of type of series expires and shall not be extended during any proceeding for administrative or judicial review pursuant to chapter 120. The holder of a temporary license under this subsection is subject to the same rights, privileges, duties, and limitations of a beverage licensee as are provided by law.
(4) Nothing in this section shall be construed to permit the transfer or issuance of temporary licenses contrary to the county-by-county limitation on the number of such licenses based on population as provided in s. 561.20(1).
History.—s. 1, ch. 71-229; s. 1, ch. 72-230; s. 5, ch. 81-166; s. 1, ch. 83-180; s. 4, ch. 84-262; s. 4, ch. 90-17; s. 12, ch. 91-60; s. 10, ch. 95-346; s. 9, ch. 2000-191; s. 4, ch. 2017-137.
Note.—Former s. 561.321.

Cases Citing F.S. 561.331

Fla. Stat. § 561.331 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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Silver Show, Inc. v. Dep't of Bus. & Prof'l Reg., 706 So. 2d 386 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 1369, 1998 WL 64058

...s and thus loses its validity only when the Division takes final agency action denying the license application. Our conclusion follows from the text of the applicable statutes. 5 We first note the pertinent provision of the licensing statute itself. Section 561.331(1) states that “[t]he temporary license will be valid for all purposes under the Beverage Law until the application is denied [e.s.] or until 14 days after the application is approved.” Because a licensee’s right to operate unde...
...The legislature has said in the APA that the'time for the agency to grant or deny the application is tolled while a formal hearing is held. § 120.60(1). At the same time, the licensing statute in question holds that the temporary license is valid until, the application has been denied. § 561.331(1)....
...If the legislature desires to authorize the Division to terminate a temporary license on a non-emergency basis at this stage of the application process before a formal hearing has been had, the statutes will have to be amended. . Petitioners held permanent licenses and applied for a transfer of such licenses. Section 561.331(1) states that the filing of a complete application for transfer that discloses on its face no reason for a denial entitles the applicant to a temporary license "as a matter of right."

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