Florida Senate - 2026 SB 1740
By Senator Truenow
13-01098-26 20261740__
1 A bill to be entitled
2 An act relating to craft brewing; amending s. 561.221,
3 F.S.; authorizing a licensed craft brewery to conduct
4 tastings and sales of malt beverages at certain
5 events; requiring the Division of Alcoholic Beverages
6 and Tobacco to issue permits for such tastings and
7 sales to such craft breweries; requiring such craft
8 breweries to pay all entry fees and have a
9 representative present at such events; providing that
10 the permit is valid only for the duration and physical
11 location of the event; amending s. 561.37, F.S.;
12 deleting a requirement that manufacturers and brewers
13 file a surety bond with the division; amending s.
14 563.02, F.S.; revising a requirement for certain
15 manufacturers to pay a specified license tax; creating
16 s. 563.042, F.S.; defining terms; authorizing contract
17 brewers to transfer malt beverages to contracting
18 brewers’ facilities up to a specified amount;
19 authorizing a contract brewer to contract with one or
20 more contracting brewers for a specified purpose;
21 providing that the contract brewer is responsible for
22 complying with federal and state law and for paying
23 all federal and state taxes; providing that title to
24 the malt beverages remains with the contract brewer
25 until the malt beverages are removed from the contract
26 brewer’s licensed premises; requiring contract brewers
27 and contracting brewers to maintain certain records
28 required by the division; requiring licensed
29 manufacturers that wish to engage in contract brewing
30 to notify the division of their intent on forms
31 provided by the division; requiring such licensed
32 manufacturers to make a full and complete monthly
33 report to the division by a certain date; specifying
34 the information a contract brewer and a contracting
35 brewer must include in such reports; requiring such
36 licensed manufacturers to maintain all records
37 required by the Beverage Law; requiring that an entity
38 seeking to become a host brewer or a guest brewer for
39 alternating proprietorship brewing first qualify as a
40 brewer with the National Revenue Center; requiring
41 such entities to submit a form to the division
42 containing specified information; requiring that a
43 contracting brewer’s malt beverages be separate and
44 identifiable from the beer of all other tenants at the
45 contract brewer’s licensed premises; requiring a guest
46 brewer to make a full and complete report of specified
47 information to the division by a certain day each
48 month; requiring a guest brewer to comply with all
49 federal and state law and to pay all federal and state
50 taxes; providing that title to the malt beverages
51 remains with the guest brewer; prohibiting certain
52 manufacturers or vendors from engaging in contract
53 brewing or alternating proprietorship brewing;
54 authorizing the division to adopt rules; reenacting
55 ss. 563.06(7)(a) and 563.13, F.S., relating to malt
56 beverages, imprint on individual containers, size of
57 containers, exemptions and Florida brewery directional
58 signs and fees, respectively, to incorporate the
59 amendment made to s. 561.221, F.S., in references
60 thereto; providing an effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Paragraph (f) is added to subsection (2) of
65 section 561.221, Florida Statutes, to read:
66 561.221 Licensing of manufacturers and distributors as
67 vendors and of vendors as manufacturers; conditions and
68 limitations.—
69 (2)
70 (f) A craft brewery licensed under this subsection may
71 conduct tastings and sales of malt beverages produced by the
72 brewery at fairs, trade shows, farmers’ markets, expositions,
73 and festivals in this state. The division shall issue permits to
74 such craft breweries for such tastings and sales. A craft
75 brewery must pay all entry fees and must have a brewery
76 representative present during the event. The permit is limited
77 to the duration and physical location of the event.
78 Section 2. Section 561.37, Florida Statutes, is amended to
79 read:
80 561.37 Bond for payment of taxes.—Each manufacturer and
81 each distributor shall file with the division a surety bond
82 acceptable to the division in the sum of $25,000 as surety for
83 the payment of all taxes, provided, however, that when in the
84 discretion of the division the amount of business done by the
85 manufacturer or distributor is of such volume that a bond of
86 less than $25,000 will be adequate to secure the payment of all
87 taxes assessed or authorized by the Beverage Law, the division
88 may accept a bond in a lesser sum than $25,000, but in no event
89 shall it accept a bond of less than $10,000, and it may at any
90 time in its discretion require any bond in an amount less than
91 $25,000 to be increased so as not to exceed $25,000; provided,
92 however, that the amount of bond required for a brewer shall be
93 $20,000, except that where, in the discretion of the division,
94 the amount of business done by the brewer is of such volume that
95 a bond of less than $20,000 will be adequate to secure the
96 payment of all taxes assessed or authorized by the Beverage Law,
97 the division may accept a bond in a lesser sum than $20,000, but
98 in no event shall it accept a bond of less than $10,000, and it
99 may at any time in its discretion require any bond in an amount
100 less than $20,000 to be increased so as not to exceed $20,000;
101 provided further that the amount of the bond required for a wine
102 or wine and cordial manufacturer shall be $5,000, except that,
103 in the case of a manufacturer engaged solely in the experimental
104 manufacture of wines and cordials from Florida products, where
105 in the discretion of the division the amount of business done by
106 such manufacturer is of such volume that a bond of less than
107 $5,000 will be adequate to secure the payment of all taxes
108 assessed or authorized by the Beverage Law, the division may
109 accept a bond in a lesser sum than $5,000, but in no event shall
110 it accept a bond of less than $1,000 and it may at any time in
111 its discretion require a bond in an amount less than $5,000 to
112 be increased so as not to exceed $5,000; provided, further, that
113 the amount of bond required for a distributor who sells only
114 beverages containing not more than 4.007 percent of alcohol by
115 volume, in counties where the sale of intoxicating liquors,
116 wines, and beers is prohibited, and to distributors who sell
117 only beverages containing not more than 17.259 percent of
118 alcohol by volume and wines regardless of alcoholic content, in
119 counties where the sale of intoxicating liquors, wines, and
120 beers is permitted, shall file with the division a surety bond
121 acceptable to the division in the sum of $25,000, as surety for
122 the payment of all taxes; provided, however, that where in the
123 discretion of the division the amount of business done by such
124 distributor is of such volume that a bond of less than $25,000
125 will be adequate to secure the payment of all taxes assessed or
126 authorized by the Beverage Law the division may accept a bond in
127 a less sum than $25,000 but in no event shall it accept a bond
128 less than $1,000 and it may at any time in its discretion
129 require any bond in an amount less than $25,000 to be increased
130 so as not to exceed $25,000; provided, further, that the amount
131 of bond required for a distributor in a county having a
132 population of 15,000 or less who procures a license by which his
133 or her sales are restricted to distributors and vendors who have
134 obtained licenses in the same county, shall be $5,000.
135 Section 3. Subsection (2) of section 563.02, Florida
136 Statutes, is amended to read:
137 563.02 License fees; vendors; manufacturers and
138 distributors.—
139 (2) Each manufacturer engaged in the business of brewing
140 only malt beverages shall pay an annual state license tax of
141 $3,000 for each plant or branch he or she may operate. However,
142 each manufacturer engaged in the business of brewing fewer less
143 than 60,000 10,000 kegs of malt beverages annually pursuant to
144 s. 561.221(2) or for consumption on the premises pursuant to s.
145 561.221(3) shall pay an annual state license tax of $500 for
146 each plant or branch.
147 Section 4. Section 563.042, Florida Statutes, is created to
148 read:
149 563.042 Contract brewing and alternating proprietorships.—
150 (1) For purposes of this section, the term:
151 (a) “Alternating proprietorship brewing” means an agreement
152 between a host brewer and a guest brewer wherein the guest
153 brewer manufactures malt beverages on the host brewer’s licensed
154 premises.
155 (b) “Contract brewer” means a licensed manufacturer of malt
156 beverages which brews such beverages on its licensed premises
157 for a contracting brewer.
158 (c) “Contract brewing” means an agreement between a
159 contract brewer and a contracting brewer wherein the contract
160 brewer brews malt beverages on its licensed premises for a
161 contracting brewer.
162 (d) “Contracting brewer” means a licensed manufacturer of
163 malt beverages which contracts for the services of malt beverage
164 brewing with a contract brewer.
165 (e) “Guest brewer” means a licensed manufacturer of malt
166 beverages which brews malt beverages at a host brewer’s licensed
167 premises.
168 (f) “Host brewer” means a licensed manufacturer of malt
169 beverages which allows a guest brewer to brew malt beverages at
170 the host brewer’s licensed premises.
171 (2) Notwithstanding any other provision of the Beverage
172 Law, contract brewers are authorized to transfer malt beverages
173 to contracting brewers in an amount up to the yearly production
174 amount at a contracting brewer’s facility pursuant to a contract
175 brewing agreement entered into in accordance with this section.
176 Such beverages may be transferred to the contracting brewer’s
177 licensed facility as provided in s. 563.022(14)(d).
178 (3) A contract brewer may contract with one or more
179 contracting brewers for the purpose of manufacturing malt
180 beverages for the contract brewer. The contract brewer is
181 responsible for complying with federal and state law relating to
182 the manufacturing of malt beverages, including labeling laws,
183 and for the payment of all federal and state taxes on any malt
184 beverages manufactured pursuant to this section after removing
185 the malt beverages from the manufacturer’s licensed premises.
186 Title to the malt beverages remains with the contract brewer
187 until the malt beverages are removed from the licensed premises.
188 (4) Each entity engaged in the activities described in this
189 section shall maintain records, including the agreement
190 authorizing the manufacturing and transfer of malt beverages,
191 records of the amount of malt beverages manufactured as part of
192 the agreement, and all other records required by the division to
193 ensure compliance with the Beverage Law.
194 (5) Licensed manufacturers of malt beverages intending to
195 engage in contract brewing must do all of the following:
196 (a) Notify the division of their intent to operate as a
197 contract brewer or contracting brewer before engaging in
198 contract brewing and disclose the location of licensed premises
199 where brewing will occur on forms provided by the division.
200 Contracting brewers may engage in the manufacture of malt
201 beverages only at their duly licensed premises and at the
202 disclosed licensed premises of a contract brewer.
203 (b) Make a full and complete report to the division by the
204 10th day of each month. Contract brewers shall report the volume
205 of a label of malt beverages manufactured upon the licensed
206 premises. Contracting brewers shall report the volume of a label
207 of malt beverages manufactured at the licensed premises of the
208 contract brewer.
209 (c) Maintain all records required to be kept by
210 manufacturers of malt beverages under the Beverage Law.
211 (6) Before engaging in alternating proprietorship brewing,
212 an entity seeking to become a host brewer or a guest brewer must
213 qualify as a brewer with the National Revenue Center within the
214 United States Department of the Treasury and submit the
215 following information to the division on a form approved by the
216 division:
217 (a) The name of the host brewer.
218 (b) The name of the guest brewer.
219 (c) The location where the alternating proprietorship
220 brewing will take place.
221 (d) The location where any product brewed pursuant to the
222 alternating proprietorship brewing arrangement will be stored.
223 (e) The amount of malt beverages to be produced under the
224 alternating proprietorship brewing agreement.
225 (f) The timeframe in which the guest brewer will be
226 manufacturing malt beverages on the host brewer’s licensed
227 premises.
228 (g) Proof of occupancy rights to the host brewer’s licensed
229 premises for the duration of the alternating proprietorship
230 brewing agreement.
231 (h) Any other information reasonably deemed necessary by
232 the division to ensure the health, safety, and welfare of the
233 people in this state and to ensure that all applicable taxes on
234 the malt beverages produced pursuant to an alternating
235 proprietorship brewing agreement are remitted to the state.
236 (7) Each contracting brewer’s malt beverages must remain
237 separate and identifiable from the malt beverages of all other
238 tenants at the contract brewer’s licensed premises at all times.
239 (8) Each guest brewer shall make a full and complete report
240 to the division by the 10th day of each month. Guest brewers
241 shall report the volume of each label of malt beverages
242 manufactured upon each licensed premise. Host brewers shall
243 report the volume of each label of malt beverages manufactured
244 at the licensed premise of the host brewer.
245 (9) The guest brewer is responsible for complying with all
246 federal and state laws dealing with the manufacturing of malt
247 beverages, including labeling laws, and for the payment of all
248 federal and state taxes on any malt beverage manufactured
249 pursuant to this section upon removal of the malt beverage from
250 the manufacturer’s licensed premises. Title to the malt
251 beverages remains with the guest brewer.
252 (10) Manufacturers or vendors licensed pursuant to s.
253 561.221(3) may not engage in contract brewing or alternating
254 proprietorship brewing.
255 (11) The division may adopt rules and forms pursuant to ss.
256 120.536(1) and 120.54 to implement this section.
257 Section 5. For the purpose of incorporating the amendment
258 made by this act to section 561.221, Florida Statutes, in a
259 reference thereto, paragraph (a) of subsection (7) of section
260 563.06, Florida Statutes, is reenacted to read:
261 563.06 Malt beverages; imprint on individual container;
262 size of containers; exemptions.—
263 (7) Notwithstanding any other provision of the Beverage
264 Law, a malt beverage may be packaged in a growler, which is an
265 individual container that holds 32, 64, or 128 ounces of such
266 malt beverage if it is filled at the point of sale.
267 (a) A growler may be filled or refilled by any of the
268 following:
269 1. A licensed manufacturer of malt beverages holding a
270 vendor’s license under s. 561.221(2).
271 2. A vendor holding a quota license under s. 561.20(1) or
272 s. 565.02(1)(a) which authorizes the sale of malt beverages.
273 3. A vendor holding a license under s. 563.02(1)(b)-(f), s.
274 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
275 restricts the sale of malt beverages to sale for consumption
276 only on the premises of such vendor.
277 4. A vendor holding a license pursuant to s. 563.02(1)(a)
278 or s. 564.02(1)(a), having held that license in current, active
279 status on June 30, 2015, subject to the following requirements:
280 a. The vendor proves, to the satisfaction of the division,
281 that the vendor had draft equipment and tapping accessories
282 installed and had purchased kegs before June 30, 2015.
283 b. The growlers are filled or refilled by the vendor or the
284 vendor’s employee aged 18 or older.
285 c. The taps or mechanisms used to fill or refill the
286 growlers are not accessible to customers.
287 d. The growlers meet the labeling and sealing requirements
288 of paragraph (b).
289 e. The vendor does not permit consumption on premises,
290 including tastings or other sampling activities.
291 Section 6. For the purpose of incorporating the amendment
292 made by this act to section 561.221, Florida Statutes, in a
293 reference thereto, section 563.13, Florida Statutes, is
294 reenacted to read:
295 563.13 Florida brewery directional signs; fees.—Upon the
296 request of a brewery licensed under s. 561.221(2) or (3) which
297 produces a minimum of 2,500 barrels per year on the premises, is
298 open to the public at least 30 hours per week, and is available
299 for tours, the Department of Transportation shall install
300 directional signs for the brewery on the rights-of-way of
301 interstate highways and primary and secondary roads in
302 accordance with Florida’s Highway Guide Sign Program as provided
303 in chapter 14-51, Florida Administrative Code. A brewery
304 licensed in this state which requests placement of a directional
305 sign through the department’s permit process shall pay all
306 associated costs.
307 Section 7. This act shall take effect July 1, 2026.