CopyCited 18 times | Published | District Court, N.D. Florida | 22 U.C.C. Rep. Serv. (West) 795, 1977 U.S. Dist. LEXIS 15785
...ng a nightclub business. As collateral for the loan Coed gave Capital City an assignment and a first lien on its liquor license which was filed with the State of Florida Department of Business Regulations, Division of Beverage, pursuant to Fla.Stat. § 561.65 (1975)....
...After a hearing on the matter the Special Master found that Capital City had a perfected security interest in the liquor license as of the date the petition for bankruptcy was filed and denied the Trustee's objections to the claim. This ruling was based upon a finding that Fla.Stat. § 561.65 (1975) is a central filing statute within the meaning of Fla.Stat....
.... . . for which a certificate of title is required under the statutes of this state if a notation of such security interest can be indicated by a public official on a certificate or duplicate thereof. Capital City takes the position that Fla. Stat. § 561.65(3) (1975) is a central filing statute within the meaning of section 679.302(3)(b), and therefore its interest is perfected. Section 561.65(3) provides: (3) If any such bona fide mortgagee or lienholder shall serve notice in writing on the division of the extension of such lien and accompany said notice with a fee of five dollars to the division, ....
...Indeed, filing with the Division of Beverage is optional and not required in order to perfect a security interest; consequently checking the records of the Division of Beverage gives no assurance that there is no valid lien on a beverage license. In light of these deficiencies it becomes obvious that Fla.Stat. § 561.65 (1975) does not provide a substitute central filing system and Capital City's interest is not perfected on that basis alone....
CopyCited 7 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 147, 1994 Fla. LEXIS 454, 1994 WL 102636
...I. DOES A STATUTORY LANDLORD'S LIEN PURSUANT TO SECTION
83.08(2) POTENTIALLY REACH AND ENCOMPASS A TENANT'S LIQUOR LICENSE? II. IN ORDER TO "PERFECT" A STATUTORY LANDLORD'S LIEN IN A LIQUOR LICENSE, MUST A LANDLORD FILE WITH THE DIVISION PURSUANT TO SECTION
561.65(4); AND TO HAVE PRIORITY OVER A COMPETING CREDITOR WHO HAS FILED, MUST THE LANDLORD HAVE FILED FIRST? We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution....
...favor on August 28, 1986. At that point, Chobe had a temporary liquor license, issued on August 27, 1986. 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)....
...Walling intervened to assert a statutory landlord's lien for rent [3] upon all of Chobe's property, including the liquor license. The trial court concluded that Walling's landlord's lien attached to the liquor license located on the leased premises and that Walling did not have to perfect the possessory lien pursuant to section 561.65(4)....
...On appeal, the district court affirmed the trial court's conclusion that a landlord can have a statutory lien which attaches to a liquor license located on the leased premises.
609 So.2d at 1325. The court further concluded that this possessory lien need not be perfected pursuant to section
561.65(4)....
...1955) (holding that holder of liquor license is entitled to notice and opportunity to be heard before revocation of license). Florida Statutes recognize the right to transfer a liquor license under certain circumstances, as well as the right to hold a mortgage, lien, or security interest in the license. §§
561.32,
561.65, Fla....
...Accordingly, we approve the result reached below and remand for proceedings consistent with this opinion. We also disapprove G.M.C.A. and Yarbrough to the extent that they are inconsistent with this opinion. It is so ordered. BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur. NOTES [1] Section
561.65(4), Florida Statutes (1985), provides the method for perfecting a lien or security interest in an alcoholic beverage license. The party which holds the lien or security interest must record it with the Division within 90 days of its creation. [2] In United States v. McGurn,
596 So.2d 1038 (Fla. 1992), this Court held that the filing with the Division under section
561.65(4) is sufficient to perfect a security interest in a liquor license and that a duplicate filing with the Secretary of State under the provisions of the Uniform Commercial Code was unnecessary....
CopyCited 7 times | Published | Supreme Court of Florida | 1992 WL 63128
...This cause is before this Court upon the following certified question from the United States Court of Appeals for the Eleventh Circuit: WHETHER THE RECORDING OF A SECURITY INTEREST WITH THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PURSUANT TO SECTION 561.65, FLA....
...We have jurisdiction pursuant to article V, section 3(b)(6), Florida Constitution. The issue in this case requires us to determine whether a security interest in a liquor license must be filed with both the Division of Alcoholic Beverages and Tobacco of the State of Florida, in accordance with the provisions of section 561.65(4), Florida Statutes (1987), and with the Secretary of State under the provisions of the *1039 Uniform Commercial Code, chapter 679, Florida Statutes (1987)....
...xistence and the interest has become protected under local law against a subsequent judgment lien arising out of an unsecured obligation, and (B) to the extent that, at such time, the holder has parted with money or money's worth. (West 1989.) 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...
...en or security interest, shall record the same with the division on or with forms authorized by the division... ." Fla. Stat. Ann. (West 1987). The McGurns contend that their security interest became perfected by filing with the Division pursuant to section 561.65(4), Florida Statutes, and was thus a security interest "protected under local law against a subsequent judgment lien." 26 U.S.C. § 6323 (h)(1). According to the McGurns, section 561.65(4) supersedes the requirement of section 679.401(1) that the "proper place to file in order to perfect a security interest is ... in the office of the Department of State." Fla. Stat. Ann. (West 1990). The government acknowledged that the McGurns complied with the requirements of section 561.65 by timely filing their security agreement with the Division....
...der to perfect a security interest is as follows: (a) [Not applicable] (b) [Not applicable] (c) In all other cases, by filing in the office of the Department of State. Fla. Stat. Ann. (West 1990). The government contends that as a result of sections 561.65 and 679.401, Florida Statutes, dual filing is required to perfect an interest in a liquor license under Florida law....
...or resolution by the highest court of Florida. We note it is not in dispute that, in order to perfect a security interest in a liquor license, that interest must be recorded in the Division of Alcoholic Beverages in accordance with the provisions of section 561.65(4), Florida Statutes (1987)....
...ed to perfect a security interest in a liquor license. However, that case was decided before statutory provisions requiring a filing with the Division of Alcoholic Beverages was enacted. These provisions were enacted in 1981 and are now set forth in section 561.65(4)-(6), Florida Statutes (1987)....
...state under the Uniform Commercial Code to protect its security interest in an alcoholic beverage license. However, the secured party failed to file that security interest with the Division of Alcoholic Beverages in accordance with the provisions of section 561.65(4), Florida Statutes. The court in Seville noted that section 561.65(4), Florida Statutes, was clear and unambiguous, stating: In order to perfect a lien in a liquor license which is enforceable against the license, a lienholder must file the appropriate forms with the Division of Alcoholic Beverages. The penalty for failure to do so is that the lien is unenforceable against the license... . To hold otherwise would be to completely disregard Section 561.65 of the Florida Statutes....
...l to perfect a security interest. We emphasize that a liquor license is not like other "general intangibles" because it is issued as a matter of privilege, not as a matter of right, by the government, and the government has total control of its use. Section 561.65(4)-(6) specifically provides that: (1) a filing with the Division of Alcoholic Beverages be made within ninety days of the date of creation of the lien; (2) it be filed with the Division on appropriate forms; (3) any foreclosure shall...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1992 WL 217080
...An additional note for $60,000 and a security agreement covering a 4-COP liquor license was executed in the bank's favor by Chobe on August 28, 1986. At that point, Chobe had a temporary license for Snap's Lounge, issued August 27, 1986. On October 17, 1986 Citizens National Bank, pursuant to section 561.65(4), Florida Statutes (1985), recorded with the Division of Alcoholic Beverages and Tobacco the security agreement which described the liquor license....
...See § 679.104(2), Florida Statutes (1991). Thus, we agree with the trial court that a landlord can have a statutory lien which attaches to a liquor license located on the leased premises. II. Walling's Statutory Lien Did Not Have to be Perfected Pursuant to Either Section
561.65(4) or Section 679.401(c). Prior to the Florida Supreme Court's opinion in United States v. McGurn,
596 So.2d 1038 (Fla. 1992), applicable case law required dual filing under both sections
561.65(4) and section 679.401(1)(c) in order to perfect a security interest....
...1977) affirmed,
567 F.2d 1367 (5th Cir.1978). In McGurn the Florida Supreme Court, in a certified question from the Eleventh Circuit, held that recording of a security interest with the Florida Division of Alcoholic Beverages and Tobacco pursuant to section
561.65(4) was sufficient under Florida law to perfect a security interest in a liquor license as against a subsequent judgment lien and that filing under section 679.401(1)(c) of the UCC was unnecessary. Section
561.65(4)-(7) was enacted in 1981 by Chapter 81-158, section 21, Laws of Florida. This chapter also amended
561.65(1). Section
561.65(4)-(7) provides that: (1) a filing be made within ninety days of the date of creation of the security agreement or lien on appropriate forms to be filed with the Division; (2) any foreclosure shall be in the circuit court in the county...
...d (4) foreclosure or judicial transfer of the license does not prevent the Division from taking administrative action against the licensee, but a revocation shall only impair the qualifications of the licensee's officers, directors, or stockholders. Section 561.65(1) was amended to require notice by the Division to any lienholder who properly records *1326 its lien pursuant to subsection (4) of any pending revocation or suspension of a licensee's beverage license. Section 561.65(4) provides in pertinent part: 561.65 Mortgagee's interest in license....
...tain enumerated non-possessory liens from this requirement. Chapter 81-158, section 21, Laws of Florida, does not suggest that the legislature intended to abrogate this historic distinction between possessory and non-possessory liens when it enacted section 561.65(4)....
...on notice that a debtor's landlord has a lien upon the lessee's property superior to any lien acquired subsequent to the bringing of the property upon the leased premises. Failure to record a landlord's lien may very well abrogate the requirement of section 561.65(1) that the Division notify the lienholder of any pending revocation or suspension proceedings because notice from the Division is only required to lienholders who have recorded their liens pursuant to section 561.65(4)....
...In order to have such a perfected contractual security interest, recording is essential. This would not be true of a possessory statutory landlord's lien which only attaches to the alcoholic beverage license during its presence upon the leased premises. [5] In other words, section 561.65(4) only changed the place of recording liens and security interests in liquor licenses which were required to be *1327 recorded in order to be perfected from the Secretary of State to the Division. Section 561.65(4) does not purport to affect possessory liens which did not require recording in order to be perfected. As we have pointed out, failure to record a statutory landlord's lien may result in loss of the right to receive notice from the Division under section 561.65(4) of any revocation or suspension proceedings....
...Accordingly, we affirm the lower court's conclusions that Walling's statutory landlord's lien attached to the liquor license located upon the leased premises and that Walling did not have to perfect its possessory lien pursuant to the provisions of section 561.65(4)....
...An additional note for $60,000 and a security agreement covering a 4-COP liquor license was executed in the bank's favor by Chobe on August 28, 1986. The bank perfected its interest by recording the security agreement with the Division of Alcoholic Beverages and Tobacco within ninety days of its execution pursuant to section
561.65(4) (on October 17, 1986 and on February 6, 1987), as well as by timely filing with the Department of State a UCC-1 filing statement pursuant to section 679.401(1)(c). [1] Dual filing was considered necessary under prevailing case law. In re Seville Entertainment Complex of Pensacola, Inc.,
79 B.R. 491, 493 (Bankr.N.D.Fla. 1987) ("In light of the clear statutory mandate of F.S. §
561.65(4), this Court concludes that dual filing was required by Rosie's in order for it to properly perfect its security interest in the alcoholic beverage license"). [2] However, the Florida Supreme Court recently held that the 1981 amendment to section
561.65(4) provides the exclusive means for perfecting a security interest in a liquor license....
...ly attach to a tenant's liquor license, two questions arise. First, did it "arise" in this case before the Bank perfected its security interest? And second, was the landlord (Walling) required to file notice of its lien with the Division pursuant to section
561.65(4) in order to become perfected? Pursuant to section
83.08(2), in order for a landlord's lien to arise, first the lease term must have commenced and second, some property of the tenant's must be on the premises when the term begins, or...
...the liquor license, since Walling did not file any notice with the Division, it was never perfected itself, and thus should lose to the Bank's later-perfected security interest. 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....
...81-158, § 21, Laws of Fla. In United States v. McGurn,
596 So.2d 1038 (Fla. 1992), the Florida Supreme Court held that the sole and exclusive method to perfect a security interest in a liquor license in Florida is to file with the Division pursuant to section
561.65(4)....
...ssees' nonpayment of federal taxes. Federal law provides that a federal tax lien is not valid against a holder of a "perfected" security interest. The McGurns contended their security interest became perfected by filing with the Division pursuant to section 561.65(4). The government contended, that as a result of sections 561.65(4) and 679.401, dual filing was required to perfect an interest in a liquor license under Florida law. The 11th Circuit certified to the Florida Supreme Court the question of whether the recording of a security interest with the Florida Division of Alcoholic Beverages and Tobacco pursuant to section 561.65(4) was sufficient under Florida law to perfect that interest against a subsequent judgment lien....
...y interest in a liquor license when it stated: We note it is not in dispute that, in order to perfect a security interest in a liquor license, that interest must be recorded in the Division of Alcoholic Beverages in accordance with the provisions of section 561.65(4), Florida Statutes (1987)....
...(Emphasis in original.) Id., at 1040. This statement of the Florida Supreme Court comports with the certified question from the Eleventh Circuit: WHETHER THE RECORDING OF A SECURITY INTEREST WITH THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PURSUANT TO SECTION 561.65, FLA....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...[4] Anomalously, the Division does recognize the lien of a lender at least to the extent of permitting the lienholder who has filed the appropriate notice with the Division to protect its interest in the event of revocation or suspension proceedings against the license. § 561.65, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 19 U.C.C. Rep. Serv. 2d (West) 1230, 1993 Fla. App. LEXIS 2407, 1993 WL 55934
...In re Coed Shop, Inc.,
435 F. Supp. 472 (N.D.Fla. 1977). Barnett made such a filing. Flanigan's failed to do so. Because the sublease to Level 3 in this case commenced in 1978, the landlord's lien or security interest created by it is not controlled by revised section
561.65....
...Hanus,
491 So.2d 570 (Fla. 4th DCA 1986) (truck); Littman v. Commercial Bank & Trust Co.,
425 So.2d 636 (Fla. 3d DCA 1983) (forklift); Rosenberg v. Ryder 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.
CopyCited 3 times | Published | United States Bankruptcy Court, N.D. Florida | 5 U.C.C. Rep. Serv. 2d (West) 184, 1987 Bankr. LEXIS 1673
...The parties entered into a joint stipulation of facts and law narrowing the dispute to the following issue: whether Rosie O'Grady's (Rosies) was required to file a form with the Florida Division of Alcoholic Beverages in accordance with Florida Statutes § 561.65(4) in addition to a UCC-1 with the Secretary of State in order to perfect a security interest in an alcoholic beverage license. Rosie O'Grady's, Inc.'s position is that filing under Article Nine is sufficient to perfect a security interest in the subject alcoholic beverage license. The Trustee disagrees and asserts that compliance with § 561.65(4), Florida Statutes is also necessary to perfection. Florida Statutes § 561.65(4) provides as follows: 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...
...The penalty for the failure to do so is that the lien is unenforceable against the license. Since the Trustee is the owner of the license, he should have title to it free and clear of any lien because of the failure of Rosie's to perfect their lien. To hold otherwise would be to completely disregard Section
561.65 of the Florida Statutes. As noted by Rosie's, the only Florida case which has construed this Statute is In re Coed Shop, Inc.,
435 F.Supp. 472 (N.D. Fla.1977) and it is no longer applicable. In that case, the Court considered whether or not Section
561.65 (as it was then worded) provided for central filing of liens on liquor licenses with the Division of Beverages, or whether, in fact, any filing with the Division was required at all....
...In addition, in 1979, Section 679 was amended to delete the provision for central filing systems. Therefore, the Coed case is no longer applicable to the issue of where a lien in a liquor license must be recorded to be perfected. Alternatively, Rosie's argues that it complied with the substance of F.S. § 561.65(4) by filing the promissory notes, mortgage, and security agreement as to substantially all of the tangible and intangible property of the debtor with the Florida Division of Alcoholic Beverages. Yet F.S. § 561.65 specifically states that the requisite recordation of lien be "on or with forms authorized by the division." The division's acceptance of certain documents does not constitute "authorization" of an alternate "form" of filing. In light of the clear statutory mandate of F.S. § 561.65(4), this Court concludes that dual filing was required by Rosie's in order for it to properly perfect its security interest in the alcoholic beverage license....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 13 U.C.C. Rep. Serv. 2d (West) 1261, 1991 U.S. App. LEXIS 1804
...tence and the interest has become protected under local law against a subsequent judgment lien arising out of an unsecured obligation, and (B) to the extent that, at such time, the holder has parted with money or money's worth. (West 1989.) 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...
...en or security interest, shall record the same with the division on or with forms authorized by the division...." Fla.Stat.Ann. (West 1987). 12 The McGurns contend that their security interest became perfected by filing with the Division pursuant to section 561.65(4), Florida Statutes, and was thus a security interest "protected under local law against a subsequent judgment lien." 26 U.S.C. Sec. 6323 (h)(1). According to the McGurns, section 561.65(4) supersedes the requirement of section 679.401(1) that the "proper place to file in order to perfect a security interest is ... in the office of the Department of State." Fla.Stat.Ann. (West 1990). 13 The government acknowledged that the McGurns complied with the requirements of section 561.65 by timely filing their security agreement with the Division....
...fect a security interest is as follows: 15 (a) [Not applicable] 16 (b) [Not applicable] 17 (c) In all other cases, by filing in the office of the Department of State. 18 Fla.Stat.Ann. (West 1990). The government contends that as a result of sections 561.65 and 679.401, Florida Statutes, dual filing is required to perfect an interest in a liquor license under Florida law....
...20 We believe the issue of Florida law raised by the McGurns in this appeal is appropriate for resolution by the highest court of Florida. We, therefore, certify the following question: 21 WHETHER THE RECORDING OF A SECURITY INTEREST WITH THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PURSUANT TO SECTION 561.65, FLA.STAT., IS SUFFICIENT UNDER FLORIDA LAW TO PERFECT THAT INTEREST AGAINST A SUBSEQUENT JUDGMENT LIEN....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 4695288
...Swiss Bank Corp.,
503 So. 2d 129, 129 (Fla. 3d DCA 1987). The right to attachment and the
parameters of a creditor’s ability to secure his or her claims against an alcoholic
beverage license are both established by statutes. Ch. 76, Fla. Stat. (2013);
§
561.65(4), Fla....
...any kind.” Black’s
Law Dictionary 702 (7th ed. 1999). Therefore, the plain language of section
76.01
does not answer the question presented in this appeal.
We need not delve further into the meaning of “goods and chattels,” because
section
561.65(4), Florida Statutes (2013), which is more specific to alcoholic
beverage licenses, precludes attachment of such a license, even if section
76.01
ordinarily applies to general intangibles. Section
561.65(4) prescribes the manner
in which a lien or security interest in a “spirituous alcoholic beverage license” may
be enforceable against the license. This procedure requires the recording of a lien
or security interest with the Division of Alcoholic Beverages and Tobacco on
forms authorized by the Division within ninety days of the creation of such an
interest. §
561.65(4)....
...Mariner
Health & Ace USA,
994 So. 2d 1051, 1061 (Fla. 2008) (recognizing that a specific
statute controls over a general one).
The Division, which has filed an amicus brief in this appeal, opines that a
writ of attachment cannot satisfy the requirements of section
561.65(4) and relies
on this statute to oppose the order under review....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 1744857
...The court granted Kelman's motion for summary judgment and denied appellants' motion. This timely appeal followed. 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 within ninety days of the creation of the lien. § 561.65(4), Fla....
...Kelman's. Because Kelman's lien was not perfected, we hold the trial court erred by finding it superior to that of appellants. See United States v. McGurn,
596 So.2d 1038 (Fla.1992)(holding the recording of a security interest with DABT pursuant to section
561.65(4) was sufficient under Florida law to perfect a security interest in a liquor license)....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21457
...ntinue operating under the license until foreclosure. We agree with PIA that Shingles did not have the authority to use PIA’s liquor license prior to foreclosure. The statutory provision dealing with a mortgagee’s interest in a liquor license is § 561.65, Florida Statutes (1979)....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 7433, 2000 WL 770483
...ense that may transfer at any time, if clear, within the county without penalty. A lien may be placed against this License.” The Lachance Trust then loaned Desperado’s $50,000 secured by the License and filed a lien with the Division pursuant to section 561.65(4), Florida Statutes (1997)....
...Refusing to foreclose Lomar’s interest, the trial court found: (a) LOMAR, INC. did not have either a hen or security interest in the Beverage License # 74-00475. LOMAR’s interest was one of ownership as reflected in the recorded lease. (b) LOMAR, INC. was not required to perfect its ownership interest pursuant to Section 561.65, Florida Statutes (1997)....
...Subsection (1) provides that licenses shall not be transferable except as set forth in that section. Paragraph (l)(a) contemplates a sale of a “business” and a transfer of a license to the vendee. Paragraph (l)(b) provides for a transfer to a person who enforces a lien pursuant to section 561.65....
...While we affirm in favor of Lomar, we note that this case has revealed serious deficiencies in the provisions of Chapter 561 and constitutes a trap for the unwary. We have difficulty with applying the requirements of section
561.32 to the recon-veyance. The legislature, in enacting section
561.65(4), devised a method under which a security interest 1 can be created that is enforceable against a license....
...ense was not intended as security for any indebtedness to Lomar. Lomar’s interest in the License was the ability to regain title or ownership of it at the end of the lease of the premises. If Lomar had recorded its interest with the Division under section 561.65(4), it may have had the practical effect of discouraging the Lachance Trust from loaning the funds, but technically, section 561.65(4) does not seem to require it. Additionally, sections 561.65(5) and (6) establish a foreclosure procedure that would not be applicable to re-transfer the License to Lomar....
...Subsections (5) and (6) contemplate that an amount of a lien be established. Lo-mar’s interest could not be reduced to an amount; it required a reconveyance that would not allow junior lienholders to par *1027 ticipate. Based on the above, we believe the legislature should amend the statute to expand section 561.65 so that persons having an interest in a beverage license other than a lien or security interest can place the interest on record with the Division and thereby give notice to subsequent persons who wish to obtain an interest. Sections 561.65(5) and (6) should be modified to establish a procedure for foreclosures when a license is not to be sold at public auction, but is to be conveyed to one having an interest in a license other than a lien or security interest, such as Lomar’s interest in the instant ease....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1992 WL 131176
...urn v. Whiskey Creek, Inc.,
924 F.2d 998 (11th Cir.1991), this court certified the following question to the Florida Supreme Court: Whether the recording of a security interest with the Florida Division of Alcoholic Beverages and Tobacco pursuant to §
561.65, Fla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit | 17 U.C.C. Rep. Serv. 2d (West) 1295, 70 A.F.T.R.2d (RIA) 5264, 1992 U.S. App. LEXIS 14871
...PER CURIAM: 1 In McGurn v. Whiskey Creek, Inc.,
924 F.2d 998 (11th Cir.1991), this court certified the following question to the Florida Supreme Court: 2 Whether the recording of a security interest with the Florida Division of Alcoholic Beverages and Tobacco pursuant to §
561.65, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 208, 2004 WL 57316
...The parties settled all disputes except for the liquor license. Both parties filed motions for summary judgment seeking to determine the validity and enforceability of Splash’s lien on the liquor license. The trial court granted Ireland’s motion for summary judgment finding that, pursuant to section 561.65(4), Florida Statutes (2002), the lien was unenforceable because it had not been recorded within 90 days of the date of creation of the lien or security interest. Section 561.65(4) provides, in part: “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 th...
...dgment in favor of Ireland. Splash’s appeal follows. Splash contends that the trial court erred by finding that its lien was not enforceable. We agree. In support of the trial court’s orders, Ireland argues that pursuant to the clear language of section 561.65(4), Florida Statutes (2002), a lien on a liquor license is not enforceable unless it is recorded with the DABT within 90 days of the date of creation of the lien....
...ice of lien “Accepted” on September 5, 2000. The notice of lien, however, does not contain any type of recording information such as an official register number or a book and page number. As such, it seems that a notice of lien filed pursuant to section 561.65(4) is not recorded, but *426 merely submitted and later accepted or rejected by the DABT. Therefore, we find that pursuant to section 561.65(4), a lien on a liquor license is enforceable if it is received by the DABT within ninety days of the date of creation of the lien, and later accepted by the DABT. The fact that the DABT’s acceptance takes place more than ninety days after the date of creation of the lien is immaterial. This interpretation is consistent with the manner in which the DABT itself has interpreted section 561.65(4). Pursuant to section 561.65(4), the lien must be recorded utilizing forms approved by the DABT. The form approved by the DABT is titled “Mortgagee’s Interest in Spirituous Alcoholic Beverage License.”- The instructions provided by the DABT for utilizing this form state, in part, as follows: APPLICATION REQUIREMENTS Pursuant to Section 561.65, Florida Statutes, a lien may only be recorded against a spirituous (liquor) license....
...The processing time for lien recordings varies by each application. http://www.state. fl.us/dbpr/abt/ forms/mortgagees_ interest_in_spirit_ al-cohol_bev_lic_ application_package.pdf (emphasis added). The instructions provided by the DABT clearly indicate that pursuant to section 561.65(4), the lien must be submitted within 90 days, not that the lien must be accepted within 90 days....
...Neither, the letter sent by the DABT nor the notice of lien itself provides that the notice of lien was “recorded” by the DABT. Moreover, it is evident from the DABT’s letter dated September 5, 2000, that it considered that the lien had been perfected in a timely manner. Section 561.65(4) also provides that “[a]ll 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.......
...Lastly, Ireland’s reliance on In re Seville Entertainment Complex of Pensacola, Inc.,
79 B.R. 491 (Bankr.N.D.Fla.1987), is misplaced. In re Seville is factually distinguishable because it deals with a situation in which the lienholder failed to file the approved DABT form with the DABT as required by section
561.65(4)....
...f Lien in favor of Splash Entertainment, Inc., ... which has been filed effective September 5, 2000.... This lien will expire on September 5, 2005 unless renewed within six (6) months prior to its expiration date or is satisfied....” . Pursuant to section 561.65(4), a notice of lien must be recorded with the DABT on forms approved by the DABT....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1991 WL 15298
...stence and the interest has become protected under local law against a subsequent judgment lien arising out of an unsecured obligation, and (B) to the extent that, at such time, the holder has parted with money or money’s worth. (West 1989.) 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...
...e lien or security interest, shall record the same with the division on or with forms authorized by the division_” Fla.Stat.Ann. (West 1987). The McGurns contend that their security interest became perfected by filing with the Division pursuant to section 561.65(4), Florida Statutes, and was thus a security interest “protected under local law against a subsequent judgment lien.” 26 U.S.C. § 6323 (h)(1). According to the McGurns, section 561.65(4) supersedes the requirement of section 679.401(1) that the “proper place to file in order to perfect a security interest is ... in the office of the Department of State.” Fla.Stat.Ann. (West 1990). The government acknowledged that the McGurns complied with the requirements of section 561.65 by timely filing their security agreement with the Division....
...order to perfect a security interest is as follows: (a) [Not applicable] (b) [Not applicable] (c)In all other cases, by filing in the office of the Department of State. Fla.Stat.Ann. (West 1990). The government contends that as a result of sections 561.65 and 679.401, Florida Statutes, dual filing is required to perfect an interest in a liquor license under Florida law....
...We believe the issue of Florida law raised by the McGurns in this appeal is appropriate for resolution by the highest court of Florida/ We, therefore, certify the following question: WHETHER THE RECORDING OF A SECURITY INTEREST WITH THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PURSUANT TO SECTION 561.65, FLA.STAT., IS SUFFICIENT UNDER FLORIDA LAW TO PERFECT THAT INTEREST AGAINST A SUBSEQUENT JUDGMENT LIEN....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 11575
...s nonfinal order authorizing a receiver to operate the Library Lounge under a revoked liquor license pending final disposition of a mortgage foreclosure action. We agree with the Division that this portion of the order appointing receiver violates section 561.65, Florida Statutes (1981), and its 1979 predecessor, and therefore must be reversed....
...receiver to, among other duties, operate the bar under its revoked license pending resolution of the foreclosure action. The portion of the trial court’s order authorizing the receiver to operate the revoked license is the subject of this appeal. Section 561.65, Florida Statutes (1981), authorizes the holder of a security interest in an alcoholic beverage license to enforce his lien should the license be revoked. This statute allows the lienholder to operate under the revoked license only if he is the purchaser at the foreclosure sale and is otherwise lawfully qualified and authorized by the Division to do so. Section 561.65(2), id. Section 561.65(2), Florida Statutes (1979), provides the same result....
...WE AFFIRM the order appointing a receiver generally, but REVERSE that portion of the order allowing the receiver to operate the bar under the revoked liquor license prior to the foreclosure sale. OTT, C.J., and SCHEB, J., concur. . Appellees’ argument that section 561.65(2), Florida Statutes (1981), is inapplicable to this case by virtue of the last sentence in subsection one is unpersuasive in light of the fact that an identical result would be reached under the statute's 1979 predecessor.
CopyPublished | District Court of Appeal of Florida
emanated is affirmed on the authority of Florida Statute
561.65 and Beverly v. Division of Bev. of Dept
