What are the open container laws in Florida?

Florida's open container statute, § 316.1936, complies with the federal TEA-21 standard and applies on every public highway in the state.

1. Statutory Definition

"Open container" means any container of alcohol that is immediately capable of being consumed or has the seal broken. "Passenger area" includes seating area and anywhere readily accessible to the driver or passenger while seated — not the trunk or the area behind the last upright seat.

2. Penalties

Driver: Noncriminal moving violation, $90 fine plus court costs, 3 points on driving record.

Passenger: Noncriminal nonmoving violation, $90 fine.

Repeat offenders may face higher local court costs but no upgrade to criminal status.

3. Exemptions Under § 316.1936(5)

Passengers of a chartered bus, limousine, motor coach, or taxicab.

Living quarters of a motorhome or pickup with self-contained living facility.

The trunk, a locked glove compartment, or behind the last upright seat of a vehicle without a trunk.

4. Designated Driver Trap

Florida specifically allows passengers in a private vehicle to be charged if they have an open container — there is no designated-driver carve-out. The DD cannot drink; passengers also cannot drink in the passenger compartment of a private car.

5. Public Consumption

Statewide rule does not bar public drinking, but most municipalities (Miami Beach, Orlando, Tampa, Jacksonville) prohibit it via ordinance. Key West's Duval Street allows public consumption in plastic cups; Fort Lauderdale Beach prohibits glass containers.

6. Boating

Florida BUI (§ 327.35) is separate; open containers on private boats are not prohibited but operator BAC limits still apply.

This is legal information, not legal advice.