Florida Statute 561.65 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

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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 Citing Statute 561.65

Total Results: 14

VMI Entertainment, LLC, a Florida etc. v. Westwood Plaza, LLC, GM etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Citation: 152 So. 3d 617, 2014 WL 4695288

Snippet: established by statutes. Ch. 76, Fla. Stat. (2013); § 561.65(4), Fla. Stat. (2013). Therefore, whether an alcoholic

Thomas v. Smith

Court: District Court of Appeal of Florida | Date Filed: 2004-08-13

Citation: 882 So. 2d 1037, 2004 WL 1824123

Snippet: Identifiers, 16 J. Marshall J. Computer & Info. L. 529, 561-65 (1998). 2. The Taxing Authorities' Cases The

Splash Entertainment, Inc. v. Sons of Ireland, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-01-14

Citation: 867 So. 2d 423, 2004 Fla. App. LEXIS 208, 2004 WL 57316

Snippet: summary judgment finding that, pursuant to section 561.65(4), Florida Statutes (2002), the lien was unenforceable

Dery v. OCCHIUZZO AND OCCHIUZZO ENTERPRISES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2000-11-29

Citation: 771 So. 2d 1276, 2000 WL 1744857

Snippet: was not perfected. We agree. According to section 561.65(4), Florida Statutes (1997), a lien in a liquor

Lachance v. Desperado's of Holly Hill, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-06-16

Citation: 760 So. 2d 1023, 2000 Fla. App. LEXIS 7433, 2000 WL 770483

Snippet: filed a lien with the Division pursuant to section 561.65(4), Florida Statutes (1997). Apparently, Desperado’s

Walling Enterprises, Inc. v. Mathias

Court: Supreme Court of Florida | Date Filed: 1994-03-31

Citation: 636 So. 2d 1294, 19 Fla. L. Weekly Supp. 147, 1994 Fla. LEXIS 454, 1994 WL 102636

Snippet: LANDLORD FILE WITH THE DIVISION PURSUANT TO SECTION 561.65(4); AND TO HAVE PRIORITY OVER A COMPETING CREDITOR

FLANIGAN'S ENTERPRISES v. Barnett Bank

Court: District Court of Appeal of Florida | Date Filed: 1993-03-05

Citation: 614 So. 2d 1198, 19 U.C.C. Rep. Serv. 2d (West) 1230, 1993 Fla. App. LEXIS 2407

Snippet: created by it is not controlled by revised section 561.65. See Sachs v. Curry-Thomas Hardware, Inc., 464

Mathias v. Walling Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1992-12-31

Citation: 609 So. 2d 1323, 1992 WL 217080

Snippet: 1986 Citizens National Bank, pursuant to section 561.65(4), Florida Statutes (1985), recorded with the

United States v. McGurn

Court: Supreme Court of Florida | Date Filed: 1992-04-02

Citation: 596 So. 2d 1038, 1992 WL 63128

Snippet: ALCOHOLIC BEVERAGES AND TOBACCO PURSUANT TO SECTION 561.65, FLA. STAT., IS SUFFICIENT UNDER FLORIDA LAW TO

Department of Business Regulation, Division of Alcoholic Beverages & Tobacco v. Garcia

Court: District Court of Appeal of Florida | Date Filed: 1984-02-01

Citation: 446 So. 2d 167, 1984 Fla. App. LEXIS 11575

Snippet: the order appointing receiver violates section 561.65, Florida Statutes (1981), and its 1979 predecessor

Brown v. State, Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1983-04-20

Citation: 432 So. 2d 91, 1983 Fla. App. LEXIS 19921

Snippet: Section 561.65(1), Florida Statutes (1979) and not, as contended by appellants, Section 561.65(1), Florida

Progressive Investors Ass'n v. Shingles

Court: District Court of Appeal of Florida | Date Filed: 1981-10-29

Citation: 405 So. 2d 276, 1981 Fla. App. LEXIS 21457

Snippet: a mortgagee’s interest in a liquor license is § 561.65, Florida Statutes (1979). Under subsection (2)

Coney v. First State Bank of Miami

Court: District Court of Appeal of Florida | Date Filed: 1981-10-27

Citation: 405 So. 2d 257

Snippet: or suspension proceedings against the license. § 561.65, Fla. Stat. (1979).

Department of Business Regulation, Division of Beverage v. Small Business Assistance Corp.

Court: District Court of Appeal of Florida | Date Filed: 1974-08-06

Citation: 298 So. 2d 430

Snippet: is affirmed on the authority of Florida Statute 561.65 and Beverly v. Division of Bev. of Dept. of Business