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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 561.65561.65 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 561.65
Total Results: 19
435 F. Supp. 472, 22 U.C.C. Rep. Serv. (West) 795, 1977 U.S. Dist. LEXIS 15785
District Court, N.D. Florida | Filed: May 20, 1977 | Docket: 891895
Cited 18 times | Published
Regulations, Division of Beverage, pursuant to Fla.Stat. § 561.65 (1975).
Coed opened for business on January 17
636 So. 2d 1294, 19 Fla. L. Weekly Supp. 147, 1994 Fla. LEXIS 454, 1994 WL 102636
Supreme Court of Florida | Filed: Mar 31, 1994 | Docket: 1715169
Cited 7 times | Published
LANDLORD FILE WITH THE DIVISION PURSUANT TO SECTION 561.65(4); AND TO HAVE PRIORITY OVER A COMPETING CREDITOR
596 So. 2d 1038, 1992 WL 63128
Supreme Court of Florida | Filed: Apr 2, 1992 | Docket: 1295792
Cited 7 times | Published
ALCOHOLIC BEVERAGES AND TOBACCO PURSUANT TO SECTION 561.65, FLA. STAT., IS SUFFICIENT UNDER FLORIDA LAW
609 So. 2d 1323, 1992 WL 217080
District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1738136
Cited 4 times | Published
17, 1986 Citizens National Bank, pursuant to section 561.65(4), Florida Statutes (1985), recorded with
614 So. 2d 1198, 19 U.C.C. Rep. Serv. 2d (West) 1230, 1993 Fla. App. LEXIS 2407, 1993 WL 55934
District Court of Appeal of Florida | Filed: Mar 5, 1993 | Docket: 449437
Cited 3 times | Published
created by it is not controlled by revised section 561.65. See Sachs v. Curry-Thomas Hardware, Inc.,
79 B.R. 491, 5 U.C.C. Rep. Serv. 2d (West) 184, 1987 Bankr. LEXIS 1673
United States Bankruptcy Court, N.D. Florida | Filed: Aug 31, 1987 | Docket: 1796074
Cited 3 times | Published
Beverages in accordance with Florida Statutes § 561.65(4) in addition to a UCC-1 with the Secretary of
405 So. 2d 257
District Court of Appeal of Florida | Filed: Oct 27, 1981 | Docket: 1703585
Cited 3 times | Published
or suspension proceedings against the license. § 561.65, Fla. Stat. (1979).
924 F.2d 998, 13 U.C.C. Rep. Serv. 2d (West) 1261, 1991 U.S. App. LEXIS 1804
Court of Appeals for the Eleventh Circuit | Filed: Feb 7, 1991 | Docket: 513242
Cited 2 times | Published
(West 1989.)
10
Under section 561.65(4), Florida Statutes,
11
152 So. 3d 617, 2014 WL 4695288
District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310050
Cited 1 times | Published
established by statutes. Ch. 76, Fla. Stat. (2013); § 561.65(4), Fla. Stat. (2013). Therefore, whether an alcoholic
771 So. 2d 1276, 2000 WL 1744857
District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 1700967
Cited 1 times | Published
it was not perfected. We agree. According to section 561.65(4), Florida Statutes (1997), a lien in a liquor
867 So. 2d 423, 2004 Fla. App. LEXIS 208, 2004 WL 57316
District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 64828600
Published
summary judgment finding that, pursuant to section 561.65(4), Florida Statutes (2002), the lien was unenforceable
760 So. 2d 1023, 2000 Fla. App. LEXIS 7433, 2000 WL 770483
District Court of Appeal of Florida | Filed: Jun 16, 2000 | Docket: 64798119
Published
filed a lien with the Division pursuant to section 561.65(4), Florida Statutes (1997). Apparently, Desperado’s
964 F.2d 1081, 1992 WL 131176
Court of Appeals for the Eleventh Circuit | Filed: Jul 1, 1992 | Docket: 66274353
Published
of Alcoholic Beverages and Tobacco pursuant to § 561.65, Fla.Stat. is sufficient under Florida law to
964 F.2d 1081, 17 U.C.C. Rep. Serv. 2d (West) 1295, 70 A.F.T.R.2d (RIA) 5264, 1992 U.S. App. LEXIS 14871
Court of Appeals for the Eleventh Circuit | Filed: Jul 1, 1992 | Docket: 2463310
Published
of Alcoholic Beverages and Tobacco pursuant to § 561.65, Fla.Stat. is sufficient under Florida law to
924 F.2d 998, 1991 WL 15298
Court of Appeals for the Eleventh Circuit | Filed: Feb 7, 1991 | Docket: 66260457
Published
money or money’s worth. (West 1989.)
Under section 561.65(4), Florida Statutes,
“[i]n order to perfect
446 So. 2d 167, 1984 Fla. App. LEXIS 11575
District Court of Appeal of Florida | Filed: Feb 1, 1984 | Docket: 64603262
Published
portion of the order appointing receiver violates section 561.65, Florida Statutes (1981), and its 1979 predecessor
432 So. 2d 91, 1983 Fla. App. LEXIS 19921
District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 64597260
Published
is Section 561.65(1), Florida Statutes (1979) and not, as contended by appellants, Section 561.65(1)
405 So. 2d 276, 1981 Fla. App. LEXIS 21457
District Court of Appeal of Florida | Filed: Oct 29, 1981 | Docket: 64585797
Published
a mortgagee’s interest in a liquor license is § 561.65, Florida Statutes (1979). Under subsection (2)
298 So. 2d 430
District Court of Appeal of Florida | Filed: Aug 6, 1974 | Docket: 64540531
Published
emanated is affirmed on the authority of Florida Statute 561.65 and Beverly v. Division of Bev. of Dept
