Florida Statute 316.1936 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 316.1936

Total Results: 10

McCullough v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-08T00:00:00-08:00

Citation: 230 So. 3d 586

Snippet: actually caused serious bodily injury or death. § 316.1936(3)(b). Ás we already explained, to establish the

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2013-04

Court: Fla. | Date Filed: 2015-06-04T00:00:00-07:00

Citation: 166 So. 3d 161, 2015 WL 3496499

Snippet: Activated with High Speed or Reckless Driving) § 316.1936(3)(a), Fla. Stat. To prove the crime of Fleeing

Lennear v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-06T00:53:00-07:00

Citation: 784 So. 2d 1181

Snippet: beverage inside. This is a violation of section 316.1936[6] and a lawful traffic stop ensued. The police…843.02, Fla. Stat. (1997). [4] A state statute, § 316.1936(2)(a), prohibits possession or consumption of …Winters, 346 So.2d 991 (Fla.1977). [6] Section 316.1936(2)(a) provides: It is unlawful and punishable

Department of Highway Safety & Motor Vehicles v. Farr

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-20T00:00:00-07:00

Citation: 757 So. 2d 550, 2000 Fla. App. LEXIS 4660, 2000 WL 423410

Snippet: 1997). . § 562.111, Fla. Stat. (1997). . § 316.1936, Fla. Stat. (1997). . § 322.2615(13), Fla. Stat

Zaccardo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-23T00:00:00-08:00

Citation: 723 So. 2d 362, 1998 Fla. App. LEXIS 16015, 1998 WL 890407

Snippet: unconstitutional because it conflicts with sec. 316.1936, Fla. Stat. (1997) which makes possession of an

Logan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-19T00:00:00-08:00

Citation: 592 So. 2d 295

Snippet: other locked nonpassenger area of the vehicle. § 316.1936(2), -.1936(3), Fla. Stat. (1989). [5] Appellant

State v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-09T00:53:00-07:00

Citation: 584 So. 2d 145

Snippet: container law. Ch. 88-22, Laws of Fla. (codified at § 316.1936, Fla. Stat. (Supp. 1988)). The statute became …violation a noncriminal moving traffic violation. § 316.1936(6), Fla. Stat. (1989). However, the statute also…vehicles than those imposed by this section. § 316.1936(7), Fla. Stat. (1989). The trial court ruled that…316.008, 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 "

McAlister v. Bache & Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1964-12-01T00:00:00-08:00

Citation: 169 So. 2d 332

Snippet: Co. v. Mazza’s Adm’r, 264 Ky. 158, 94 S.W.2d 316 (1936); Strassburg v. Montgomery, 56 Nev. 183, 47 P.2d

King v. State

Court: Fla. | Date Filed: 1936-09-22T00:00:00-08:00

Citation: 169 So. 747, 125 Fla. 316, 1936 Fla. LEXIS 1283

Snippet: Davis 22 September 1936 169 So. 747, 125 Fla. 316, 1936 Fla. LEXIS 1283 Purl G. Adams, for Plaintiffs

Quee v. Breed

Court: Fla. | Date Filed: 1936-01-03T00:00:00-08:00

Citation: 165 So. 56, 122 Fla. 316, 1936 Fla. LEXIS 859

Snippet: Brown, Davis 3 January 1936 165 So. 56, 122 Fla. 316, 1936 Fla. LEXIS 859 Harry Katz, for Appellant;