Florida
Florida Open Container Law (2026): Fla. Stat. § 316.1936
Independently fact-checked against primary sources (last audited September 17, 2026). · 2 primary sources cited on this page. How we verify our legal content
Florida bans both possessing an open alcoholic-beverage container and drinking one in a vehicle, for the driver and every passenger, under Fla. Stat. § 316.1936. As of September 2026, the rule reaches a vehicle even when it's stopped or parked on a Florida road, and a handful of specific exemptions, for passengers in for-hire vehicles and motor homes, and for sealed carry-out drinks, narrow who it actually applies to.
Information last verified on 2026-09-16. This article has not yet been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers open container law in the state of Florida under Fla. Stat. § 316.1936, current as of September 2026. It does not cover Florida's separate DUI statutes or boating-under-the-influence rules.
What Florida's Open Container Law Prohibits
Fla. Stat. § 316.1936 prohibits two separate things in a motor vehicle: possessing an open container of an alcoholic beverage, and drinking an alcoholic beverage. Both apply to the driver and to every passenger. Subsection (2)(a) states it this way: "It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state." Florida's statute doesn't rely on a single defined term like "passenger area" to draw the line on what counts as covered space; instead, possession is attributed based on physical control and where the container is located relative to the person, which is a different mechanism than the trunk-versus-passenger-compartment framing used in many other states. Subsection (3) supplies the operator rule: an open container is considered to be in the operator's possession if it is not in a passenger's possession and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle; subsection (4) attributes a container to a passenger instead when it's in that passenger's physical control.
Subsection (2)(b) adds a rule worth calling out specifically: it covers anyone seated in a vehicle that is parked or stopped within the road, as Florida law defines that term, not just a vehicle that's actively being driven. That closes an obvious loophole, pulling over or parking to drink doesn't take a vehicle outside the statute's reach. The same subsection then grants a general exemption, unconditioned by CDL endorsement or vehicle length: "passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt."
Exemptions to Florida's Open Container Law
Florida's law provides exemptions through two routes. Subsection (2)(b) grants a general, unconditioned exemption for passengers riding in a vehicle "designed, maintained, and used primarily for the transportation of persons for compensation" or in a motor home, with no CDL requirement and no vehicle-length condition. Subsection (5) then layers on narrower, conditioned exemptions:
- A passenger riding for hire, where the vehicle's driver holds a commercial driver's license with a passenger endorsement, under a transportation contract.
- A bus passenger, again where the driver holds a CDL with a passenger endorsement.
- A passenger in a self-contained motor home that is more than 21 feet long.
Subsection (9) separately exempts a sealed alcoholic beverage transported under Florida's separate restaurant and wine carry-out statutes (Fla. Stat. §§ 564.09, 561.20(2)(a)4., and 565.045(1)), since a properly sealed container isn't an "open" one under the law in the first place.
The subsection (2)(b) and subsection (5) exemptions are written for passengers, not the driver. The subsection (9) rule is different: a qualifying sealed carry-out beverage is not an open container for anyone in the vehicle, including the driver.
Local Ordinances Can Be Stricter
Subsection (7) of § 316.1936 expressly authorizes a Florida county or municipality to adopt its own ordinance imposing restrictions more stringent than the state's. In practice, that means a specific city or county could ban something the state statute doesn't reach, such as a broader definition of covered locations, but it cannot loosen the state's floor. Readers in a specific Florida city or county should check for a local ordinance in addition to the state statute.
Penalty for an Open Container Violation in Florida
Florida treats a driver's violation and a passenger's violation differently. Subsection (6) states: "Any operator of a vehicle who violates this section is guilty of a noncriminal moving traffic violation, punishable as provided in chapter 318. A passenger of a vehicle who violates this section is guilty of a nonmoving traffic violation, punishable as provided in chapter 318." (The statute labels only the driver's violation "noncriminal"; the passenger's is a nonmoving traffic violation.) Both are civil infractions rather than criminal misdemeanors, and the actual fine amount is set by chapter 318's civil-penalty schedule rather than written into § 316.1936 itself. Check Florida's current civil-penalty schedule or the Florida Highway Safety and Motor Vehicles website for the exact amount.
How Florida's Law Fits the Federal Open Container Rule
Federal law, 23 U.S.C. § 154, requires a state's open container law to ban both possession and consumption, cover the driver and every passenger, apply to the vehicle's passenger area on a public highway or its right-of-way, and be primarily enforced (23 CFR 1270.4), or the state risks having 2.5 percent of two federal highway-funding apportionments reserved each October 1 and redirected to highway-safety spending. Florida is not on FHWA's current FY2026 list of 12 non-conforming states (Notice N4510.905, dated October 1, 2025), meaning Fla. Stat. § 316.1936 is being treated as meeting that federal standard.
Disclaimer: This article provides general information about open container law in Florida as of September 2026. It is not legal advice and does not create an attorney-client relationship. Statutes, local ordinances, and civil-penalty amounts change; verify the current text of Fla. Stat. § 316.1936 and chapter 318 before relying on this information, and consult a lawyer licensed in Florida for advice about a specific situation.
Related Articles
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
Is it illegal to have an open container in a parked car in Florida?
Yes. Fla. Stat. section 316.1936(2)(b) covers a vehicle that is parked or stopped within the statutorily defined road, not just one being actively driven.
Can passengers drink alcohol in a car in Florida?
No, with narrow exceptions. Florida's law bans possession and consumption for the driver and every passenger. Subsection (2)(b) exempts passengers in vehicles designed, maintained, and used primarily to transport people for compensation, and passengers in motor homes. Subsection (5) also exempts a for-hire or bus passenger riding with a CDL passenger-endorsed driver, and a passenger in a self-contained motor home over 21 feet.
Are taxi and limo passengers exempt from Florida's open container law?
Yes, through two routes. Subsection (2)(b) grants an unconditioned exemption to passengers in a vehicle designed, maintained, and used primarily to transport people for compensation, with no CDL requirement. Subsection (5) separately exempts a passenger riding for hire under a transportation contract with a CDL passenger-endorsed driver, and a bus passenger under the same driver-license condition.
Can a Florida city or county have stricter open container rules than the state?
Yes. Fla. Stat. section 316.1936(7) lets a county or municipality adopt an ordinance that is more restrictive than the state law, though not less restrictive.
What is the fine for an open container violation in Florida?
The violation is a noncriminal moving traffic violation for the driver and a nonmoving traffic violation for a passenger. The specific dollar amount is set by chapter 318's civil-penalty schedule, not by section 316.1936 itself.
Updates
Clarified how Florida's statute attributes an open container to the driver, that the sealed carry-out rule applies to drivers as well as passengers, and added the for-hire vehicle and motor home passenger exemption to the passenger FAQ.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 316.1936Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.In force
(1) As used in this section, the term:(a) “Open container” means any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken. (b) “Road” means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith. (2)(a) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state. (b) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at leg.state.fl.us
§ 565.045Regulations for consumption on premises; penalty; exemptions.In force
(1) Vendors licensed under s. 565.02(1)(b)-(f):(a) Shall provide seats for the use of their customers; (b) May sell or deliver alcoholic beverages by the drink or in sealed containers for consumption on or off the premises where sold; and (c) May sell or deliver alcoholic beverages prepared by the licensee for off-premises consumption if the alcoholic beverage is in a container sealed by the licensee. All sales or deliveries of alcoholic beverages made pursuant to this paragraph must satisfy the following requirements:1. The vendor must be licensed as a public food service establishment under chapter 509; 2. The sale or delivery must be accompanied by the sale of food within the same order; 3. The charge for the sale of food and nonalcoholic beverages must be at least 40 percent of the total charge for the order, excluding the charge for any manufacturer-sealed containers of alcoholic beverages included in the order; and 4. Sales and deliveries of the alcoholic beverages may not occur after the vendor ceases preparing food on the licensed premises for the day or after midnight, whichever is earlier. The requirement in subparagraph 3.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 561.20Limitation upon number of licenses issued.In force
(1) No license under s. 565.02(1)(a)-(f), inclusive, shall be issued so that the number of such licenses within the limits of the territory of any county exceeds one such license to each 7,500 residents within such county. Regardless of the number of quota licenses issued prior to October 1, 2000, on and after that date, a new license under s. 565.02(1)(a)-(f), inclusive, shall be issued for each population increase of 7,500 residents above the number of residents who resided in the county according to the April 1, 1999, Florida Estimate of Population as published by the Bureau of Economic and Business Research at the University of Florida, and thereafter, based on the last regular population estimate prepared pursuant to s. 186.901, for such county. Such population estimates shall be the basis for annual license issuance regardless of any local acts to the contrary. However, such limitation shall not prohibit the issuance of at least three licenses in any county that may approve the sale of intoxicating liquors in such county. (2)(a) The limitation of the number of licenses as provided in this section does not prohibit the issuance of a special license to:1.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 1977
Opinions citing this section in our collection:
- Division of Beverage v. Dav-Ed, Inc. (District Court of Appeal of Florida 1975, 324 So. 2d 682)“…1.-20(1), Florida Statutes.” The dispositive statutes are Fla.Stat. 561.20(1) (1973) : “561.20 Limitation of num…”
- Beach Club, Inc. v. Division of Beverage, Department of Business Regulation (District Court of Appeal of Florida 1975, 322 So. 2d 60)“…espondent for a Type II-C “Club” license provided for under Fla.Stat. § 561.20(7) (1973) was denied on the grounds tha…”
- State Ex Rel. Eichenbaum v. Cochran (Supreme Court of Florida 1959, 114 So. 2d 797)“…lving hotels, motels, restaurants, golf clubs and the like. Section 561.20, Florida Statutes, F.S.A. Much could probably be written…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 564.09Restaurants; off-premises consumption of wine.In force
Notwithstanding any other provision of law, a restaurant licensed to sell wine on the premises may permit a patron to remove one unsealed bottle of wine for consumption off the premises if the patron has purchased a meal and consumed a portion of the bottle of wine on the restaurant premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine must be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Code of Federal Regulations Title 23
§ 1270.4Compliance criteria.In forcecited in 20 of our articles
(a) To avoid the reservation of funds specified in § 1270.6, a State must enact and enforce an open container law that prohibits the possession of any open alcoholic beverage container, and the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. (b) The law must apply to: (1) The possession of any open alcoholic beverage container and the consumption of any alcoholic beverage; (2) The passenger area of any motor vehicle; (3) All alcoholic beverages; (4) All occupants of a motor vehicle; and (5) All motor vehicles located on a public highway or the right-of-way of a public highway. (c) The law must provide for primary enforcement. (d) Exceptions.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Also relied on in: Maine Open Container Law (2026): Statute and Exemptions, Open Container Laws by State (2026): Passengers, Exemptions, Penalties, Alaska Open Container Law (2026): A Driver-Only Driving Offense
United States Code Title 23
§ 154Open container requirementsIn forcecited in 46 of our articles
In this section, the following definitions apply: The term “alcoholic beverage” has the meaning given the term in section 158(c). The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. The term “open alcoholic beverage container” means any bottle, can, or other receptacle— that contains any amount of alcoholic beverage; and that is open or has a broken seal; or the contents of which are partially removed. The term “passenger area” shall have the meaning given the term by the Secretary by regulation. For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Foremost Insurance v. Richardson (Supreme Court of the United States 1982, 457 U.S. 668)“…er traffic, just as it has done for some land traffic. See 23 U. S. C. § 154 (55 m.p.h. speed limit). Yet no one su…”
- United States v. Kevin Bishop, United States of America v. Edward Stokes (Court of Appeals for the Third Circuit 1995, 66 F.3d 569)“…nder the Spending Clause, not the Commerce Clause. See 23 U.S.C. § 154 (Supp.1995) (conditioning receipt of f…”
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc. (Court of Appeals for the Eleventh Circuit 1991, 933 F.2d 1548)“…ce with the national highway speed limit. See 23 U.S.C.A. § 154 (1990). Easterwood argues that an auto…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Open Container Law (2026): The $25 Fine and No-Points Rule, Arkansas Open Container Law (2026): Rules, Exemptions, and Penalty, California Open Container Law (2026): The Full Rule
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Fla. Stat. § 316.1936 (possessing or drinking an open container in a vehicle; exemptions; local ordinance authority)(leg.state.fl.us).gov
- FHWA Notice N4510.905, FY2026 Apportionment of Federal-Aid Highway Program Funds (open container non-conforming states list)(highways.dot.gov).gov
- 23 U.S.C. § 154 (federal open container requirements)(law.cornell.edu)
- 23 CFR 1270.4 (federal compliance criteria: possession and consumption ban, passenger area, all occupants, primary enforcement)(law.cornell.edu)