The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.1936

316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.—

(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. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt.

(3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.

(4) An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.

(5) This section shall not apply to:

(a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322;

(b) A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; or

(6) 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.

(7) A county or municipality may adopt an ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this section.

(8) Nothing in this section prohibits the enforcement of s. 316.302.

(9) An alcoholic beverage that has been sealed by a licensee or the employee of a licensee and is transported pursuant to s. 564.09, s. 561.20(2)(a)4., or s. 565.045(1) is not an open container under this section.

History.—s. 1, ch. 88-22; s. 22, ch. 89-282; s. 5, ch. 2000-313; s. 34, ch. 2005-164; s. 2, ch. 2005-250; s. 4, ch. 2021-30.

F.S. 316.1936 on Google Scholar

F.S. 316.1936 on Casetext

Amendments to 316.1936

Arrestable Offenses / Crimes under Fla. Stat. 316.1936

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1936.

Civil Citations / Citable Offenses under S316.1936

R or S next to points is Mandatory Revocation or Suspension

S316.1936 (2) OPEN CONTAINER/OR CONSUMPTION of ALCOHOL IN/ON VEHICLE (Driver cited) - Points on Drivers License: 3

S316.1936 (2) OPEN CONTAINER/OR CONSUMPTION of ALCOHOL IN/ON VEHICLE (Passenger cited) - Points on Drivers License: 0

S316.1936 (2)(a) Possession of open container in motor vehicle (Driver cited) - Points on Drivers License: 3

S316.1936 (2)(a) Possession of open container in motor vehicle (Passenger cited) - Points on Drivers License: 0

S316.1936 (2)(b) Possession of open container parked vehicle (Driver cited) - Points on Drivers License: 3

S316.1936 (2)(b) Possession of open container parked vehicle (Passenger cited) - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases from cite.case.law:

MCCULLOUGH, v. STATE, 230 So. 3d 586 (Fla. Dist. Ct. App. 2017)

. . . . § 316.1936(3)(b). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 166 So. 3d 161 (Fla. 2015)

. . . ELUDE A LAW ENFORCEMENT OFFICER (Siren and Lights Activated with High Speed or Reckless Driving) § 316.1936 . . .

UNITED STATES v. SMITH,, 772 F.3d 680 (11th Cir. 2014)

. . . . § 316.1936 (“Possession of open containers of alcoholic beverages in vehicles prohibited” (emphasis . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 73 So. 3d 136 (Fla. 2011)

. . . Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death) § 316.1936 . . .

LENNEAR, v. STATE, 784 So. 2d 1181 (Fla. Dist. Ct. App. 2001)

. . . This is a violation of section 316.1936 and a lawful traffic stop ensued. . . . A slate statute, § 316.1936(2)(a), prohibits possession or consumption of alcoholic beverages in vehicles . . . Section 316.1936(2)(a) provides: It is unlawful and punishable as provided in this section for any person . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. FARR,, 757 So. 2d 550 (Fla. Dist. Ct. App. 2000)

. . . . § 316.1936, Fla. Stat. (1997). . § 322.2615(13), Fla. Stat. (1997). . . . .

ZACCARDO, v. STATE, 723 So. 2d 362 (Fla. Dist. Ct. App. 1998)

. . . Appellant argues that the ordinance is clearly unconstitutional because it conflicts with sec. 316.1936 . . .

LOGAN, v. STATE, 592 So. 2d 295 (Fla. Dist. Ct. App. 1991)

. . . . § 316.1936(2), -.1936(3), Fla.Stat. (1989). . . . .

STATE v. SMITH,, 584 So. 2d 145 (Fla. Dist. Ct. App. 1991)

. . . (codified at § 316.1936, Fla.Stat. (Supp.1988)). . . . . § 316.1936(6), Fla. Stat. (1989). . . . . § 316.1936(7), Fla.Stat. (1989). . . . Interpreting section 316.1936 within the context of chapter 316, we are convinced that the legislature . . . did not intend subsection 316.1936(7), which allows local governments to adopt “more stringent restrictions . . .

STANAGE v. STATE OF FLORIDA, 40 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1990)

. . . The Defendant, Clyde Edward Stanage, appeals his conviction and sentence for violation of §316.1936, . . . the authority of the trial court to suspend a passenger’s driver’s license for a violation of section 316.1936 . . .