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HB 1537 2026
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hb1537-00
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A bill to be entitled 1
An act relating to the beverage law; amending s. 2
561.221, F.S.; authorizing a craft brewery to conduct 3
tastings and sales of malt beverages at certain 4
events; requiring the Division of Alcoholic Beverages 5
and Tobacco to issue permits for such tastings and 6
sales to such craft breweries; requiring such craft 7
breweries to pay all entry fees and have a 8
representative present at such events; providing that 9
the permit is valid only for the duration and physical 10
location of the event; defining the term "craft 11
brewery"; amending s. 561.37, F.S.; deleting a 12
requirement that manufacturers and brewers file a 13
surety bond with the division; amending s. 563.02, 14
F.S.; revising a requirement for certain manufacturers 15
to pay a specified license tax; creating s. 563.042, 16
F.S.; defining terms; authorizing contract brewers to 17
transfer malt beverages to contracting brewers' 18
facilities up to a specified amount; authorizing a 19
contract brewer to contract with one or more 20
contracting brewers for a specified purpose; providing 21
that the contract brewer is responsible for complying 22
with federal and state law and for paying all federal 23
and state taxes; providing that title to the malt 24
beverages remains with the contract brewer until the 25
HB 1537 2026
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malt beverages are removed from the licensed premises; 26
requiring contract brewers and contracting brewers to 27
maintain certain records required by the division; 28
requiring licensed manufacturers that wish to engage 29
in contract brewing to notify the division of its 30
intention on forms provided by the division; requiring 31
such licensed manufacturers to make a full and 32
complete report to the division by a certain date; 33
specifying what a contract brewer and a contracting 34
brewer must include in such reports; requiring such 35
licensed manufacturers to maintain all records 36
required by the Beverage Law; requiring that an entity 37
seeking to become a host brewer or a guest brewer for 38
alternating proprietorship brewing first qualify as a 39
brewer with the National Revenue Center; requiring 40
such entities to submit a form to the division with 41
specified information; requiring that a guest brewer's 42
malt beverages be separate and identifiable from the 43
malt beverages of all other tenants at the host 44
brewer's licensed premises; requiring a guest brewer 45
to make a full and complete report of specified 46
information to the division by a certain day each 47
month; requiring a guest brewer to comply with all 48
federal and state law and to pay all federal and state 49
taxes; providing that title to the malt beverages 50
HB 1537 2026
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remains with the guest brewer; prohibiting 51
manufacturers or vendors from engaging in contract 52
brewing or alternating proprietorship brewing; 53
authorizing the division to adopt rules; providing an 54
effective date. 55
56
Be It Enacted by the Legislature of the State of Florida: 57
58
Section 1. Paragraph (f) is added to subsection (2) of 59
section 561.221, Florida Statutes, to read: 60
561.221 Licensing of manufacturers and distributors as 61
vendors and of vendors as manufacturers; conditions and 62
limitations.— 63
(2) 64
(f)1. A craft brewery licensed under this subsection may 65
conduct tastings and sales of malt beverages produced by the 66
brewery at fairs, trade shows, farmers markets, expositions, and 67
festivals in this state. The division shall issue permits to 68
craft breweries for such tastings and sales. A craft brewery 69
must pay all entry fees and must have a brewery representative 70
present during the event. The permit is limited to the duration 71
and physical location of the event. 72
2. As used in this paragraph, the term "craft brewery" 73
means a manufacturer, whether licensed in this state or in 74
another state, which produces in total fewer than 60,000 barrels 75
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of malt beverages per calendar year. 76
Section 2. Section 561.37, Florida Statutes, is amended to 77
read: 78
561.37 Bond for payment of taxes.— Each manufacturer and 79
each distributor shall file with the division a surety bond 80
acceptable to the division in the sum of $25,000 as surety for 81
the payment of all taxes, provided, however, that when in the 82
discretion of the division the amount of business done by the 83
manufacturer or distributor is of such volume that a bond of 84
less than $25,000 will be adequate to secure the payment of all 85
taxes assessed or authorized by the Beverage Law, the division 86
may accept a bond in a lesser sum than $25,000, but in no event 87
shall it accept a bond of less than $10,000, and it may at any 88
time in its discretion require any bond in an amount less than 89
$25,000 to be increased so as not to exceed $25,000; provided, 90
however, that the amount of bond required for a brewer shall be 91
$20,000, except that where, in the discretion of the division, 92
the amount of business done by the brewer is of such volume that 93
a bond of less than $20,000 will be adequate to secure the 94
payment of all taxes assessed or authorized by the Beverage Law, 95
the division may accept a bond in a lesser sum than $20,000, but 96
in no event shall it accept a bond of less than $10,000, and it 97
may at any time in its discretion require any bond in an amount 98
less than $20,000 to be increased so as not to exceed $20,000; 99
provided further that the amount of the bond required for a wine 100
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or wine and cordial manufacturer shall be $5,000, except that, 101
in the case of a manufacturer engaged solely in the experimental 102
manufacture of wines and cordials from Florida products, where 103
in the discretion of the division the amount of business done by 104
such manufacturer is of such volume that a bond of less than 105
$5,000 will be adequate to secure the payment of all taxes 106
assessed or authorized by the Beverage Law, the division may 107
accept a bond in a lesser sum than $5,000, but in no event shall 108
it accept a bond of less than $1,000 and it may at any time in 109
its discretion require a bond in an amount less than $5,000 to 110
be increased so as not to exceed $5,000; provided, further, that 111
the amount of bond required for a distributor who sells only 112
beverages containing not more than 4.007 percent of alcohol by 113
volume, in counties where the sale of intoxicating liquors, 114
wines, and beers is prohibited, and to distributors who sell 115
only beverages containing not more than 17.259 percent of 116
alcohol by volume and wines regardless of alcoholic content, in 117
counties where the sale of intoxicating liquors, wines, and 118
beers is permitted, shall file with the division a surety bond 119
acceptable to the division in the sum of $25,000, as surety for 120
the payment of all taxes; provided, however, that where in the 121
discretion of the division the amount of business done by such 122
distributor is of such volume that a bond of less than $25,000 123
will be adequate to secure the payment of all taxes assessed or 124
authorized by the Beverage Law the division may accept a bond in 125
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a less sum than $25,000 but in no event shall it accept a bond 126
less than $1,000 and it may at any time in its discretion 127
require any bond in an amount less than $25,000 to be increased 128
so as not to exceed $25,000; provided, further, that the amount 129
of bond required for a distributor in a county having a 130
population of 15,000 or less who procures a license by which his 131
or her sales are restricted to distributors and vendors who have 132
obtained licenses in the same county, shall be $5,000. 133
Section 3. Subsection (2) of section 563.02, Florida 134
Statutes, is amended to read: 135
563.02 License fees; vendors; manufacturers and 136
distributors.— 137
(2) Each manufacturer engaged in the business of brewing 138
only malt beverages shall pay an annual state license tax of 139
$3,000 for each plant or branch he or she may operate. However, 140
each manufacturer engaged in the business of brewing fewer less 141
than 60,000 barrels 10,000 kegs of malt beverages annually 142
pursuant to s. 561.221(2) or for consumption on the premises 143
pursuant to s. 561.221(3), shall pay an annual state license tax 144
of $500 for each plant or branch. 145
Section 4. Section 563.042, Florida Statutes, is created 146
to read: 147
563.042 Contract brewing and alternating proprietorships.— 148
(1) As used in this section, the term: 149
(a) "Alternating proprietorship brewing" means an 150
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agreement between a host brewer and guest brewer wherein the 151
guest brewer manufactures malt beverages on the host brewer's 152
licensed premises. 153
(b) "Contract brewer" means a licensed manufacturer of 154
malt beverages who brews such beverages on its licensed premises 155
for a contracting brewer. 156
(c) "Contract brewing" means an agreement between a 157
contract brewer and a contracting brewer wherein the contract 158
brewer brews malt beverages on its licensed premises for a 159
contracting brewer. 160
(d) "Contracting brewer" means a licensed manufacturer of 161
malt beverages who contracts for the services of malt beverage 162
brewing with a contract brewer. 163
(e) "Guest brewer" means a licensed manufacturer of malt 164
beverages who brews malt beverages at a host brewer's licensed 165
premises. 166
(f) "Host brewer" means a licensed manufacturer of malt 167
beverages who allows a guest brewer to brew malt beverages at 168
the host brewer's licensed premises. 169
(2) Notwithstanding any other provision of the Beverage 170
Law, contract brewers are authorized to transfer malt beverages 171
to contracting brewers in an amount up to the yearly production 172
amount at a contracting brewer's facility pursuant to a contract 173
brewing agreement entered into in accordance with this section. 174
Such beverages may be transferred to the contracting brewer's 175
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licensed facility as provided in s. 561.221(2)(c). 176
(3) A contract brewer may contract with one or more 177
contracting brewers for the purpose of manufacturing malt 178
beverages for such licensees. The contract brewer is responsible 179
for complying with federal and state law relating to the 180
manufacturing of malt beverages, including labeling laws, and 181
for the payment of all federal and state taxes on any malt 182
beverage manufactured pursuant to this section after removing 183
the malt beverages from the manufacturer's licensed premises. 184
Title to the malt beverages remains with the contract brewer 185
until the malt beverages are removed from the licensed premises. 186
(4) Each entity engaged in the activities described in 187
this section shall maintain records, including the agreement 188
authorizing the manufacturing and transfer of malt beverages, 189
records of the amount of malt beverages manufactured as part of 190
the agreement, and all other records required by the division to 191
ensure compliance with the Beverage Law. 192
(5) Licensed manufacturers of malt beverages intending to 193
engage in contract brewing must do all of the following: 194
(a) Notify the division of the intent to operate as a 195
contract brewer or contracting brewer before engaging in 196
contract brewing, and disclose the location of licensed premises 197
where brewing will occur, on forms provided by the division. 198
Contracting brewers may only engage in the manufacture of malt 199
beverages at their duly licensed premises and at the disclosed 200
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licensed premises of a contract brewer. 201
(b) Make a full and complete report to the division by the 202
10th day of each month. Contract brewers shall report the volume 203
of a label of malt beverages manufactured upon the licensed 204
premises. Contracting brewers shall report the volume of a label 205
of malt beverages manufactured at the licensed premises of the 206
contract brewer. 207
(c) Maintain all records required to be kept by 208
manufacturers of malt beverages under the Beverage Law. 209
(6) Before engaging in alternating proprietorship brewing, 210
an entity seeking to become a host brewer or a guest brewer must 211
qualify as a brewer with the National Revenue Center within the 212
United States Department of the Treasury and submit the 213
following information to the division on a form approved by the 214
division: 215
(a) The name of the host brewer. 216
(b) The name of the guest brewer. 217
(c) The location where the alternating proprietorship 218
brewing will take place. 219
(d) The location where any product brewed pursuant to the 220
alternating proprietorship brewing arrangement will be stored. 221
(e) The amount of malt beverages to be produced under the 222
alternating proprietorship brewing arrangement. 223
(f) The timeframe in which the guest brewer will be 224
manufacturing malt beverages on the host brewer's licensed 225
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premises. 226
(g) Proof of occupancy rights to the host brewer's 227
licensed premises for the duration of the alternating 228
proprietorship brewing arrangement. 229
(h) Any other information reasonably deemed necessary by 230
the division to ensure the health, safety, and welfare of the 231
people in this state, and to ensure that all applicable taxes on 232
the malt beverages produced pursuant to an alternating 233
proprietorship brewing arrangement are remitted to the state. 234
(7) Each guest brewer's malt beverages must remain 235
separate and identifiable from the malt beverages of all other 236
tenants at the contract brewer's licensed premises at all times. 237
(8) Each guest brewer shall make a full and complete 238
report to the division by the 10th day of each month. Guest 239
brewers shall report the volume of each label of malt beverages 240
manufactured upon each licensed premises. Host brewers shall 241
report the volume of each label of malt beverages manufactured 242
at the licensed premises of the host brewer. 243
(9) The guest brewer is responsible for complying with all 244
federal and state law dealing with the manufacturing of malt 245
beverages, including labeling laws, and for the payment of all 246
federal and state taxes on any malt beverages manufactured 247
pursuant to this section upon removal of the malt beverages from 248
the manufacturer's licensed premises. Title to the malt 249
beverages remains with the guest brewer. 250
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(10) Manufacturers or vendors licensed pursuant to s. 251
561.221(3) may not engage in contract brewing or alternating 252
proprietorship brewing. 253
(11) The division may adopt rules and forms pursuant to 254
ss. 120.536(1) and 120.54 to implement this section. 255
Section 5. This act shall take effect July 1, 2026. 256