Open Container
Fla. Stat. 316.1936 — driver and passenger, and a locked glove box
In Florida, no one may possess an open container of an alcoholic beverage or drink one while operating a vehicle, or while a passenger in or on a vehicle being operated.
An open container counts as the driver's unless a passenger holds it or it is locked away. An open container is in the driver's possession if it is not in a passenger's possession and not in a locked glove compartment, locked trunk or other locked nonpassenger area. It is in a passenger's possession if it is in the passenger's physical control.
| Who | The violation |
|---|---|
| WhoThe driver | The violationA noncriminal moving traffic violation |
| WhoA passenger | The violationA nonmoving traffic violation |
The section does not apply to passengers of a vehicle driven for hire by a driver with a commercial license and passenger endorsement, passengers of such a bus, or passengers of a self contained motor home over 21 feet long.
Sources for this section (1)
- Fla. Stat. 316.1936 — Possession of open containers of alcoholic beverages in vehicles prohibited
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.