Ever wondered why you cannot buy a 40-ounce beer (legally) in the state of Florida? Well it just so happens that since 1965 there were only four legal beer sizes in Florida:  eight, 12, 16 or 32, with a large gap in size until you get to a full 128-ounce gallon and above. This excluded 40s and sadly still excludes 64-ounce growlers, which is the size of choice for many brewers and is legal in 47 other states. 

Another size of choice by brewers is the 22-ounce bottle, which is more cost efficient. The rumor is that the law was enacted because rival Anheuser-Busch (now In-Bev) was trying to stop MillerCoors from opening a brewery in Florida. Their popular beer bottle size at the time was the seven-ounce “shorty,” so outlawing the size forced them to move to their current location of Albany, Georgia.

In September of 1999, Florida Republican Senator Tom Lee sponsored a bill to review the size restrictions and change them to include all sizes between seven and 32 ounces in an effort to keep up with moderation and to allow 22-ounce and 25.4-ounce (750mL) “bombers.” In addition, many foreign breweries offered metric sized beers including 330 milliliters (11.2 fluid ounces) such as St. Bernardus Abbey ales, 341 milliliters (11.5 fluid ounces) such as Red Stripe “stubbies,” 375 milliliters (12.7 fluid ounces) such as Lindeman lambics, and 500 milliliters (16.9 fluid ounces) such as Samuel Smith beers. At the time, Florida was limited to just 772 brand labels out of the 4300+ worldwide. Lee’s case was a success and in the spring of 2001, the repeal was passed to include all of these sizes. Also welcome are Coronitas, Little Kings, “pony” Heinekens and all those other seven-ounce teaser beers out there.

On March 3, 2014, Florida Republican Senator Ray Rodriques proposed House Bill 1329, dubbed “Big Beer Bill” that would legalize 64-ounce growlers, define a growler as a 32- or 64-ounce container and prohibit brewery tap rooms from selling beers brewed by other breweries. This bill would essentially eliminate the 128-ounce growler size, as well as require brewers to brew enough of any beer featured in their taproom for distribution, meaning no more one-offs or taproom-only beers. No collaboration brews would be allowed in taprooms either, and if a brewery was to shut down for a period of time, said brewery might lose any guest taps or even the right to serve their own beers in their own taproom. The bill was reviewed but died May 2, 2014.

In April 2014, Republican Senator Kelli Stargel offered Senate Bill 1714, which included, among other things, the proposition to define a growler as only a 32-, 64- or 128-ounce container, a step in the right direction for the legalization of the 64-ounce, but other points in the bill still added requirements for smaller craft breweries to be in compliance. Democratic Senator Audrey Gibson filed an amendment to Stargel’s bill, creating a malt beverage tastings bill, as well as a bill for the legalization of the 64-ounce growler, saying every size between 32 and 128 ounces, including those sizes, would be legal. Stargel’s bill was stuck in committee with some confusion and was ultimately dismissed.

For now we will have to stick to our seven through 32-ounce beers and wait to see if we'll one day become the 48^th state to allow 64-ounce growlers.

Adam Shugan, ABC Fine Wine & Spirits beer consultant - Gainesville

Follow me on Twitter @abcbeeradams