Florida Statutes

Fla. Stat. § 561.65 (2025)

Mortgagee’s interest in license.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 16 cases, 1977–2014 · leading case: United States v. McGurn, 596 So. 2d 1038 (Fla. 1992).

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United States v. McGurn, 596 So. 2d 1038 (Fla. 1992). · cites it 17× “The government acknowledged that the McGurns complied with the requirements of section 561.65 by timely filing their security agreement with the Division.”

Mathias v. Walling Enter., Inc., 609 So. 2d 1323 (Fla. 5th DCA 1992). · cites it 26× “In 1981, the Florida Legislature added subsections (4), (5), and (6) to section 561.65 which specify the manner in which a lien or security interest in a beverage license must be perfected, the procedure for foreclosure, and the order of priority.”

In Re Coed Shop, Inc., 435 F. Supp. 472 (N.D. Fla. 1977). · cites it 9× “suant to Fla.Stat. § 561.65 (1975). Coed opened for business on January 17, 1975 and on August 18, 1975 filed a voluntary petition for reorganization under Chapter X of the Bankruptcy Act.”

Walling Enter., Inc. v. Mathias, 636 So. 2d 1294 (Fla. 1994). · cites it 7× “On September 19, 1986, the Bank recorded the security interest with the Division of Alcoholic Beverages and Tobacco (Division), as provided by section 561.65(4), Florida Statutes (1985).”

In Re Seville Ent. Complex of Pensacola, Inc., 79 B.R. 491 (Bankr. N.D. Fla. 1987). · cites it 11× “Yet F.S. § 561.65 specifically states that the requisite rec-ordation of lien be “on or with forms authorized by the division.”

Brown v. State, Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco, 432 So. 2d 91 (Fla. 4th DCA 1983). · cites it 8× “Section 561.65, Florida Statutes (1981) states that Section (1) thereof shall have only a prospective application, saying: Liens or security interests in spirituous alcoholic beverage licenses existing prior to, July 1, 1981, shall not be affected by the provisions of this…”

VMI Ent., LLC, a Florida etc. v. Westwood Plaza, LLC, GM etc., 152 So. 3d 617 (Fla. 1st DCA 2014). · cites it 7× “(2013); § 561.65(4), Fla. Stat. (2013). Therefore, whether an alcoholic beverage license may be the subject of a writ of attachment is a question of statutory construction.”

Dery v. Occhiuzzo & Occhiuzzo Enter., Inc., 771 So. 2d 1276 (Fla. 4th DCA 2000). · cites it 5× “Appellants argue that Kelman's lien on the liquor license could not have been superior to theirs because it was not perfected. We agree. According to section 561.65(4), Florida Statutes (1997), a lien in a liquor license is perfected by filing the necessary documents with DABT…”

Coney v. First State Bank of Miami, 405 So. 2d 257 (Fla. 3d DCA 1981). · cites it 2× “…with the Division to protect its interest in the event of revocation or suspension proceedings against the license. § 561.65, Fla. Stat. (1979).”

Flanigan's Enter. v. Barnett Bank, 614 So. 2d 1198 (Fla. 5th DCA 1993). · cites it 2× “…Leasing, Inc., 168 So.2d 678 (Fla. 3d DCA 1964) (power brake). [3] § 679.105. [4] See, e.g. § 679.504. [5] See, e.g., § 561.65.”

Mcgurn v. Whiskey Creek, Inc., 924 F.2d 998 (11th Cir. 1991). · cites it 2× “) 10 Under section 561.65(4), Florida Statutes, 11 "[i]n 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…”

McGurn v. Whiskey Creek, Inc., 924 F.2d 998 (11th Cir. 1991). · cites it 2× “) Under section 561.65(4), Florida Statutes, “[i]n 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…”

Show all 16 citing cases →

— 561.65(1) — 2 cases

Brown v. State, Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco, 432 So. 2d 91 (Fla. 4th DCA 1983). “Section 561.65, Florida Statutes (1981) states that Section (1) thereof shall have only a prospective application, saying: Liens or security interests in spirituous alcoholic beverage licenses existing prior to, July 1, 1981, shall not be affected by the provisions of this…”

Mathias v. Walling Enter., Inc., 609 So. 2d 1323 (Fla. 5th DCA 1992). “In 1981, the Florida Legislature added subsections (4), (5), and (6) to section 561.65 which specify the manner in which a lien or security interest in a beverage license must be perfected, the procedure for foreclosure, and the order of priority.”

— 561.65(2) — 1 case

Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Garcia, 446 So. 2d 167 (Fla. 1st DCA 1984).

— 561.65(3) — 1 case

In Re Coed Shop, Inc., 435 F. Supp. 472 (N.D. Fla. 1977). “suant to Fla.Stat. § 561.65 (1975). Coed opened for business on January 17, 1975 and on August 18, 1975 filed a voluntary petition for reorganization under Chapter X of the Bankruptcy Act.”

— 561.65(4) — 10 cases

United States v. McGurn, 596 So. 2d 1038 (Fla. 1992). “The government acknowledged that the McGurns complied with the requirements of section 561.65 by timely filing their security agreement with the Division.”

Walling Enter., Inc. v. Mathias, 636 So. 2d 1294 (Fla. 1994). “On September 19, 1986, the Bank recorded the security interest with the Division of Alcoholic Beverages and Tobacco (Division), as provided by section 561.65(4), Florida Statutes (1985).”

In Re Seville Ent. Complex of Pensacola, Inc., 79 B.R. 491 (Bankr. N.D. Fla. 1987). “Yet F.S. § 561.65 specifically states that the requisite rec-ordation of lien be “on or with forms authorized by the division.”

VMI Ent., LLC, a Florida etc. v. Westwood Plaza, LLC, GM etc., 152 So. 3d 617 (Fla. 1st DCA 2014). “(2013); § 561.65(4), Fla. Stat. (2013). Therefore, whether an alcoholic beverage license may be the subject of a writ of attachment is a question of statutory construction.”

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