Open container — passenger
Florida Statute § 316.1936
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
A passenger's physical control of an open alcoholic container establishes possession; consuming alcohol is also prohibited. The law covers operating vehicles and specified parked/stopped road locations. Passenger exceptions include qualifying contracted transport with a passenger-endorsed CDL driver, buses with such drivers, and self-contained motor homes over 21 feet; parked/stopped vehicles have additional passenger exceptions. Lawfully sealed takeout beverages are excluded. Document the passenger's control, beverage/seal, vehicle use, and applicable exception; the passenger track is nonmoving.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Alcohol / Vehicle
- Type
- Non-Moving
- Civil / Criminal
- Civil
- Offense Classification
- Nonmoving infraction
- Points
- 0
- Fine / Penalty
- $30 base nonmoving penalty; offense-specific penalties/court costs may differ
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.