As filed with the Securities and Exchange Commission on January 30, 2004. UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 30, 2004 Shells Seafood Restaurants, Inc. (Exact name of registrant as specified in its charter) Delaware 0-28258 65-0427966 (State or other jurisdiction (Commission file number) (IRS employer of incorporation) identification No.) 16313 N. Dale Mabry Hwy, Ste 100, Tampa, FL 33618 (Address of principal executive offices) Registrant's telephone number, including area code: (813) 961-0944 Not Applicable (Former name or former address, if changed since last report) Item 12. Results of Operations and Financial Condition ------------------------------------------------------- Shells Seafood Restaurants, Inc. today issued a press release announcing annual and fourth quarter results. Included in the press release issued by the Company and furnished herewith as Exhibit 99 are certain non-GAAP financial measures. Management of the Company believes such non-GAAP financial measures are useful to investors assessing the financial condition and results of operations of the Company's core business operations because they exclude results which management believes are atypical and unlikely to occur with regularity in the future. A copy of the press release follows as Exhibit 99. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Report to be signed on its behalf by the undersigned hereunto duly authorized. Dated: January 30, 2004 SHELLS SEAFOOD RESTAURANTS, INC. By: /s/ Leslie J. Christon Leslie J. Christon President and CEO INDEX TO EXHIBITS 99 Press Release dated January 30, 2004.