THE BILL ITSELF
SB 1740
Craft Brewing
Florida Senate - 2026 SB 1740 By Senator Truenow 13-01098-26 20261740__
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A bill to be entitled
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An act relating to craft brewing; amending s. 561.221,
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F.S.; authorizing a licensed craft brewery to conduct
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tastings and sales of malt beverages at certain
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events; requiring the Division of Alcoholic Beverages
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and Tobacco to issue permits for such tastings and
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sales to such craft breweries; requiring such craft
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breweries to pay all entry fees and have a
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representative present at such events; providing that
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the permit is valid only for the duration and physical
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location of the event; amending s. 561.37, F.S.;
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deleting a requirement that manufacturers and brewers
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file a surety bond with the division; amending s.
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563.02, F.S.; revising a requirement for certain
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manufacturers to pay a specified license tax; creating
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s. 563.042, F.S.; defining terms; authorizing contract
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brewers to transfer malt beverages to contracting
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brewers’ facilities up to a specified amount;
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authorizing a contract brewer to contract with one or
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more contracting brewers for a specified purpose;
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providing that the contract brewer is responsible for
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complying with federal and state law and for paying
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all federal and state taxes; providing that title to
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the malt beverages remains with the contract brewer
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until the malt beverages are removed from the contract
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brewer’s licensed premises; requiring contract brewers
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and contracting brewers to maintain certain records
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required by the division; requiring licensed
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manufacturers that wish to engage in contract brewing
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to notify the division of their intent on forms
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provided by the division; requiring such licensed
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manufacturers to make a full and complete monthly
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report to the division by a certain date; specifying
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the information a contract brewer and a contracting
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brewer must include in such reports; requiring such
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licensed manufacturers to maintain all records
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required by the Beverage Law; requiring that an entity
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seeking to become a host brewer or a guest brewer for
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alternating proprietorship brewing first qualify as a
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brewer with the National Revenue Center; requiring
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such entities to submit a form to the division
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containing specified information; requiring that a
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contracting brewer’s malt beverages be separate and
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identifiable from the beer of all other tenants at the
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contract brewer’s licensed premises; requiring a guest
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brewer to make a full and complete report of specified
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information to the division by a certain day each
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month; requiring a guest brewer to comply with all
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federal and state law and to pay all federal and state
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taxes; providing that title to the malt beverages
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remains with the guest brewer; prohibiting certain
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manufacturers or vendors from engaging in contract
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brewing or alternating proprietorship brewing;
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authorizing the division to adopt rules; reenacting
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ss. 563.06(7)(a) and 563.13, F.S., relating to malt
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beverages, imprint on individual containers, size of
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containers, exemptions and Florida brewery directional
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signs and fees, respectively, to incorporate the
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amendment made to s. 561.221, F.S., in references
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thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (f) is added to subsection (2) of
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section 561.221, Florida Statutes, to read:
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561.221 Licensing of manufacturers and distributors as
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vendors and of vendors as manufacturers; conditions and
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limitations.—
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(2)
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(f) A craft brewery licensed under this subsection may
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conduct tastings and sales of malt beverages produced by the
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brewery at fairs, trade shows, farmers’ markets, expositions,
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and festivals in this state. The division shall issue permits to
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such craft breweries for such tastings and sales. A craft
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brewery must pay all entry fees and must have a brewery
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representative present during the event. The permit is limited
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to the duration and physical location of the event.
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Section 2. Section 561.37, Florida Statutes, is amended to
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read:
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561.37 Bond for payment of taxes.—Each manufacturer and
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each distributor shall file with the division a surety bond
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acceptable to the division in the sum of $25,000 as surety for
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the payment of all taxes, provided, however, that when in the
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discretion of the division the amount of business done by the
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manufacturer or distributor is of such volume that a bond of
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less than $25,000 will be adequate to secure the payment of all
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taxes assessed or authorized by the Beverage Law, the division
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may accept a bond in a lesser sum than $25,000, but in no event
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shall it accept a bond of less than $10,000, and it may at any
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time in its discretion require any bond in an amount less than
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$25,000 to be increased so as not to exceed $25,000 ; provided,
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however, that the amount of bond required for a brewer shall be
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$20,000, except that where, in the discretion of the division,
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the amount of business done by the brewer is of such volume that
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a bond of less than $20,000 will be adequate to secure the
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payment of all taxes assessed or authorized by the Beverage Law,
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the division may accept a bond in a lesser sum than $20,000, but
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in no event shall it accept a bond of less than $10,000, and it
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may at any time in its discretion require any bond in an amount
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less than $20,000 to be increased so as not to exceed $20,000;
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provided further that the amount of the bond required for a wine
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or wine and cordial manufacturer shall be $5,000, except that,
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in the case of a manufacturer engaged solely in the experimental
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manufacture of wines and cordials from Florida products, where
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in the discretion of the division the amount of business done by
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such manufacturer is of such volume that a bond of less than
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$5,000 will be adequate to secure the payment of all taxes
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assessed or authorized by the Beverage Law, the division may
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accept a bond in a lesser sum than $5,000, but in no event shall
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it accept a bond of less than $1,000 and it may at any time in
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its discretion require a bond in an amount less than $5,000 to
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be increased so as not to exceed $5,000 ; provided, further, that
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the amount of bond required for a distributor who sells only
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beverages containing not more than 4.007 percent of alcohol by
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volume, in counties where the sale of intoxicating liquors,
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wines, and beers is prohibited, and to distributors who sell
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only beverages containing not more than 17.259 percent of
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alcohol by volume and wines regardless of alcoholic content, in
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counties where the sale of intoxicating liquors, wines, and
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beers is permitted, shall file with the division a surety bond
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acceptable to the division in the sum of $25,000, as surety for
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the payment of all taxes; provided, however, that where in the
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discretion of the division the amount of business done by such
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distributor is of such volume that a bond of less than $25,000
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will be adequate to secure the payment of all taxes assessed or
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authorized by the Beverage Law the division may accept a bond in
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a less sum than $25,000 but in no event shall it accept a bond
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less than $1,000 and it may at any time in its discretion
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require any bond in an amount less than $25,000 to be increased
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so as not to exceed $25,000; provided, further, that the amount
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of bond required for a distributor in a county having a
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population of 15,000 or less who procures a license by which his
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or her sales are restricted to distributors and vendors who have
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obtained licenses in the same county, shall be $5,000.
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Section 3. Subsection (2) of section 563.02, Florida
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Statutes, is amended to read:
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563.02 License fees; vendors; manufacturers and
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distributors.—
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(2) Each manufacturer engaged in the business of brewing
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only malt beverages shall pay an annual state license tax of
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$3,000 for each plant or branch he or she may operate. However,
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each manufacturer engaged in the business of brewing fewer less
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than 60,000 10,000 kegs of malt beverages annually pursuant to
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s. 561.221(2) or for consumption on the premises pursuant to s.
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561.221(3) shall pay an annual state license tax of $500 for
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each plant or branch.
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Section 4. Section 563.042, Florida Statutes, is created to
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read:
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563.042 Contract brewing and alternating proprietorships.—
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(1) For purposes of this section, the term:
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(a) “Alternating proprietorship brewing” means an agreement
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between a host brewer and a guest brewer wherein the guest
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brewer manufactures malt beverages on the host brewer’s licensed
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premises.
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(b) “Contract brewer” means a licensed manufacturer of malt
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beverages which brews such beverages on its licensed premises
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for a contracting brewer.
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(c) “Contract brewing” means an agreement between a
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contract brewer and a contracting brewer wherein the contract
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brewer brews malt beverages on its licensed premises for a
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contracting brewer.
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(d) “Contracting brewer” means a licensed manufacturer of
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malt beverages which contracts for the services of malt beverage
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brewing with a contract brewer.
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(e) “Guest brewer” means a licensed manufacturer of malt
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beverages which brews malt beverages at a host brewer’s licensed
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premises.
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(f) “Host brewer” means a licensed manufacturer of malt
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beverages which allows a guest brewer to brew malt beverages at
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the host brewer’s licensed premises.
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(2) Notwithstanding any other provision of the Beverage
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Law, contract brewers are authorized to transfer malt beverages
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to contracting brewers in an amount up to the yearly production
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amount at a contracting brewer’s facility pursuant to a contract
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brewing agreement entered into in accordance with this section.
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Such beverages may be transferred to the contracting brewer’s
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licensed facility as provided in s. 563.022(14)(d).
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(3) A contract brewer may contract with one or more
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contracting brewers for the purpose of manufacturing malt
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beverages for the contract brewer. The contract brewer is
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responsible for complying with federal and state law relating to
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the manufacturing of malt beverages, including labeling laws,
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and for the payment of all federal and state taxes on any malt
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beverages manufactured pursuant to this section after removing
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the malt beverages from the manufacturer’s licensed premises.
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Title to the malt beverages remains with the contract brewer
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until the malt beverages are removed from the licensed premises.
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(4) Each entity engaged in the activities described in this
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section shall maintain records, including the agreement
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authorizing the manufacturing and transfer of malt beverages,
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records of the amount of malt beverages manufactured as part of
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the agreement, and all other records required by the division to
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ensure compliance with the Beverage Law.
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(5) Licensed manufacturers of malt beverages intending to
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engage in contract brewing must do all of the following:
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(a) Notify the division of their intent to operate as a
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contract brewer or contracting brewer before engaging in
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contract brewing and disclose the location of licensed premises
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where brewing will occur on forms provided by the division.
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Contracting brewers may engage in the manufacture of malt
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beverages only at their duly licensed premises and at the
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disclosed licensed premises of a contract brewer.
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(b) Make a full and complete report to the division by the
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10th day of each month. Contract brewers shall report the volume
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of a label of malt beverages manufactured upon the licensed
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premises. Contracting brewers shall report the volume of a label
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of malt beverages manufactured at the licensed premises of the
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contract brewer.
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(c) Maintain all records required to be kept by
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manufacturers of malt beverages under the Beverage Law.
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(6) Before engaging in alternating proprietorship brewing,
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an entity seeking to become a host brewer or a guest brewer must
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qualify as a brewer with the National Revenue Center within the
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United States Department of the Treasury and submit the
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following information to the division on a form approved by the
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division:
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(a) The name of the host brewer.
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(b) The name of the guest brewer.
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(c) The location where the alternating proprietorship
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brewing will take place.
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(d) The location where any product brewed pursuant to the
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alternating proprietorship brewing arrangement will be stored.
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(e) The amount of malt beverages to be produced under the
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alternating proprietorship brewing agreement.
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(f) The timeframe in which the guest brewer will be
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manufacturing malt beverages on the host brewer’s licensed
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premises.
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(g) Proof of occupancy rights to the host brewer’s licensed
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premises for the duration of the alternating proprietorship
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brewing agreement.
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(h) Any other information reasonably deemed necessary by
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the division to ensure the health, safety, and welfare of the
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people in this state and to ensure that all applicable taxes on
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the malt beverages produced pursuant to an alternating
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proprietorship brewing agreement are remitted to the state.
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(7) Each contracting brewer’s malt beverages must remain
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separate and identifiable from the malt beverages of all other
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tenants at the contract brewer’s licensed premises at all times.
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(8) Each guest brewer shall make a full and complete report
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to the division by the 10th day of each month. Guest brewers
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shall report the volume of each label of malt beverages
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manufactured upon each licensed premise. Host brewers shall
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report the volume of each label of malt beverages manufactured
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at the licensed premise of the host brewer.
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(9) The guest brewer is responsible for complying with all
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federal and state laws dealing with the manufacturing of malt
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beverages, including labeling laws, and for the payment of all
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federal and state taxes on any malt beverage manufactured
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pursuant to this section upon removal of the malt beverage from
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the manufacturer’s licensed premises. Title to the malt
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beverages remains with the guest brewer.
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(10) Manufacturers or vendors licensed pursuant to s.
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561.221(3) may not engage in contract brewing or alternating
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proprietorship brewing.
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(11) The division may adopt rules and forms pursuant to ss.
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120.536(1) and 120.54 to implement this section.
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Section 5. For the purpose of incorporating the amendment
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made by this act to section 561.221, Florida Statutes, in a
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reference thereto, paragraph (a) of subsection (7) of section
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563.06, Florida Statutes, is reenacted to read:
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563.06 Malt beverages; imprint on individual container;
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size of containers; exemptions.—
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(7) Notwithstanding any other provision of the Beverage
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Law, a malt beverage may be packaged in a growler, which is an
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individual container that holds 32, 64, or 128 ounces of such
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malt beverage if it is filled at the point of sale.
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(a) A growler may be filled or refilled by any of the
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following:
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1. A licensed manufacturer of malt beverages holding a
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vendor’s license under s. 561.221(2).
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2. A vendor holding a quota license under s. 561.20(1) or
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s. 565.02(1)(a) which authorizes the sale of malt beverages.
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3. A vendor holding a license under s. 563.02(1)(b)-(f), s.
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564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
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restricts the sale of malt beverages to sale for consumption
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only on the premises of such vendor.
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4. A vendor holding a license pursuant to s. 563.02(1)(a)
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or s. 564.02(1)(a), having held that license in current, active
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status on June 30, 2015, subject to the following requirements:
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a. The vendor proves, to the satisfaction of the division,
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that the vendor had draft equipment and tapping accessories
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installed and had purchased kegs before June 30, 2015.
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b. The growlers are filled or refilled by the vendor or the
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vendor’s employee aged 18 or older.
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c. The taps or mechanisms used to fill or refill the
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growlers are not accessible to customers.
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d. The growlers meet the labeling and sealing requirements
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of paragraph (b).
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e. The vendor does not permit consumption on premises,
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including tastings or other sampling activities.
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Section 6. For the purpose of incorporating the amendment
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made by this act to section 561.221, Florida Statutes, in a
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reference thereto, section 563.13, Florida Statutes, is
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reenacted to read:
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563.13 Florida brewery directional signs; fees.—Upon the
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request of a brewery licensed under s. 561.221(2) or (3) which
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produces a minimum of 2,500 barrels per year on the premises, is
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open to the public at least 30 hours per week, and is available
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for tours, the Department of Transportation shall install
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directional signs for the brewery on the rights-of-way of
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interstate highways and primary and secondary roads in
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accordance with Florida’s Highway Guide Sign Program as provided
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in chapter 14-51, Florida Administrative Code. A brewery
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licensed in this state which requests placement of a directional
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sign through the department’s permit process shall pay all
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associated costs.
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Section 7. This act shall take effect July 1, 2026.