What Is Florida’s Open Container Law?
Florida’s open container law prohibits both people inside of motor vehicles and people inside of "public recreation facilities" from carrying around open alcoholic beverages. A part of a group of laws known as Florida’s "drunk driving law," Florida Statute Section 316.1936 creates the open container law.
There are definitions of key words that run through the statute: "Public recreation facility" means any publicly owned park, public beach , or other publicly owned recreation area. "Open alcoholic beverage container" means any bottle can or other receptacle that contains any amount of alcoholic beverage which is open or has a broken seal. "Public highway" refers to any road or highway within the Florida state highway system. The statute applies to people within the front passenger and driver compartments of motor vehicles on public highways and people in public recreation facilities.
Open Container Rules and Regulations on the Beaches of Florida
The specifics of the application of the law, regarding Florida beaches, is all covered in Florida Statutes 316.1936(1). The statute prohibits open containers of "alcoholic beverages" on the "public beaches." There is an exception to this prohibition, set out in Section (5):
(5) This section does not apply to any of the following:
(a) Licensed vendors who have been issued the appropriate local permits for sale of alcohol on the beach.
(b) Users of beach concession stands that have been issued the appropriate local permits to sell alcohol on the beach but are engaged solely in on-premises consumption.
(c) Any person who is a passenger on a duly licensed charter or tour boat for which a local permit has been obtained for consumption and possession of open containers of alcoholic beverages….
(d) Any person who is a passenger on a vehicle possessing a valid license tag and decal issued by such local government specifically authorizing the consumption and the possession of open containers of alcoholic beverages….
(e) Any passenger on a vessel subject to regulation pursuant to the United States Coast Guard commercial regulations and registered in accordance with those regulations….
It is clear that the "local government" permitted the open containers to be on this public beach. Additionally, some restrictions apply, and there are additional violations of the beach laws that can occur while drinking on the beach, such as consuming alcohol within 1,500 feet of a school.
Consequences of an Open Container Violation on the Beach
Violating Florida’s Open Container law can result in serious criminal penalties. Though not commonly enforced, Florida law is clear that possession of an open container or consumption of alcohol in a public place is a violation of Florida law. Florida Statute § 316.1936(1) provides that any person in violation of the open container or alcohol consumption laws is guilty of a second-degree misdemeanor.
In Florida, second-degree misdemeanors are punishable by up to 60 days in jail, six months of probation, and a fine of up to $500. Florida Statute § 775.082. In addition to these consequences, having a criminal charge on your record can have far-reaching repercussions, including an increase in car insurance premiums, employment issues, difficulty traveling internationally, and a permanent mark on your official record, making it difficult to secure housing, loans, or further employment.
However, even if a violation of Florida’s open container law was personally observed by law enforcement, it is not uncommon for individuals charged with this type of infraction to be given the opportunity to pay a civil fine in lieu of appearing in court and being found guilty of a crime. This is generally accomplished by contesting the citation and paying a fine directly to the Clerk’s Office for the county in which you received the citation.
When facing a second-degree misdemeanor, there is the option of entering into a pretrial intervention program. This generally involves paying a civil forfeiture amount and completing community service requirements. Once the requirements are satisfied, the charge is dropped and no criminal mark will appear on your record.
While Florida generally has a reputation for strictly enforcing open container laws, in practice it is not unusual for those cited with violations to be granted the above-mentioned opportunities to avoid the criminal penalties. However, every situation is different, and each case must be evaluated individually.
Exemptions and Special Situations
Generally, Florida’s open container law does not extend to vessels. However, the law does not extend to structurally anchored structures on the bay or canals in certain counties. While such structures have been ruled not to be "vessels" under certain state laws, the existence of a dispute as to whether such a structure constitutes a "vessel" suggests that the law would extend jurisdiction over the structure to the extent it is being used as a structure rather than a vessel. In other words, if the structure is being used as a bar or club or meeting place rather than a vessel actively navigating waters of the State of Florida, the laws of the State of Florida controlling navigable waters of the U.S. (U.S.C.S. Title 18 Sec. 7) would apply.
There are a number of laws specific to counties or municipalities throughout the State of Florida which allow for possession or consumption of an alcoholic beverage on certain county or municipal properties. Some of these include:
Brevard County Beaches — In Brevard County, Sec. 42-14 prohibits the consumption of alcoholic beverages, except on the designated beaches of Canova Beach, Paradise Beach, Indialantic, and Melbourne Beach where it is prohibited only during daylight hours . Note that in 2016, the Florida Statute was amended to allow local governments to create ordinances permitting alcohol on the beach between the hours of noon and sunset.
Charlotte County Beaches — In Charlotte County, Sec. 4-1-3(1) allows the possession or consumption of an alcoholic drink if the alcoholic drink is contained in a six-pack or similar type container and is consumed in the vicinity of, and in conjunction with, the consumption of prepared food served by a restaurant or food vendor.
Collier County Beaches — In Collier County, Sec. 46-283(3) prohibits the possession of an open container or the consumption of alcoholic beverages on county beaches except at the following locations: Caxambas Park; South Marco Island Watersports; at the beach house at Keewaydin Island; and at any land management area under the jurisdiction of the SFWMD where fishing, boating or beach access is permitted.
Citrus County Beaches — In Citrus County Sec. 58-92 prohibits the possession of an open container or the consumption of an alcoholic beverage in certain areas of the county including Sunset Beach between the hours of 11:00 – 5:00 pm. Exceptions include alcohol used with a full-course meal while dining outdoors at the picnic tables at Sunset Beach. The ordinance does not authorize acts contrary to existing state and federal law.
Beach Drinking Tips and Advice
While open containers are technically permitted on Florida’s beaches, that doesn’t mean that you’re free to drink alcohol with impunity. It’s important to be smart about your alcohol consumption and know your rights regarding open containers. In particular, the following tips can help you avoid any pitfalls during your beach visit:
Drink Responsibly: This should go without saying, but consuming an abundance of alcohol to the point of intoxication is clearly a good way to ruin your beach day (not to mention endanger your life). Also, driving under the influence of drugs or alcohol is a crime that can be punishable by jail time and fines in Florida.
Keep It Low-Key: While drinking is not against the law in most cases on Florida’s beaches, drunk and destructive behavior is . If your actions attract the attention of beachgoers, law enforcement or lifeguards, you may be asked to leave the beach and could face a misdemeanor charge.
Follow the Law: Each community along Florida’s coastline has its own ordinances which regulate open containers. Make sure you’re abiding by the law in your area and know what the restrictions are before you visit.
Familiarize Yourself: If you’re from out of town, it’s a good idea to look up the laws regarding open containers in natural areas, parks, beaches, etc. in the area that you’re planning to visit and especially in the area where you’re planning to stay.
Stay Local: There is a loophole under Florida law that allows open containers in municipal buildings, including parks, although this is often overlooked. If you don’t feel like debating with law enforcement, your best bet is to enjoy your drinks at a local bar or restaurant before heading to the beach.
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