If you're a passenger, the penalty is a fine of up to $60 for a first offense. If you elect to fight the infraction and request a hearing, you would have to pay a fine of $500 if you lose in court. In addition, you'll have to pay associated court fees and have three points deducted from your driving record.

In Florida, possessing an open container of alcohol in a vehicle is a noncriminal moving traffic violation under Statute 316.1936. For a first offense in 2026, a driver typically faces a fine of up to $90, while a passenger faces a fine of up to $60. However, the financial impact is higher than the base fine; drivers will also receive three points on their driving record, which can lead to significantly higher insurance premiums. If the citation is contested in court and the person is found guilty, the fine can jump to $500 plus court costs. It is important to note that "open container" is defined broadly as any bottle or can with a broken seal, even if it is bone dry. Exceptions only apply to passengers in vehicles for hire (taxis, limos, buses) or the living quarters of a self-contained RV longer than 21 feet.