Monroe County, FL Public Conduct: Public Alcohol Use (2026)
Key Facts
- Governing section
- Monroe County Code § 3-5
- Covers
- Roads, rights-of-way, parking lots, sidewalks
- Excludes
- Golf courses, private driveways, single-dwelling lots
- Bridge fishing
- Exempt where fishing is lawful
- Vehicle passengers
- Exempt under F.S. § 316.1936(5)
- Enforcement
- Monroe County Sheriff's Office
Summary
In the unincorporated Florida Keys (Monroe County), it is unlawful to possess or drink from an open container of alcohol on any public or semipublic road, right-of-way, parking lot, sidewalk or similar area open to travel. The ban applies countywide outside Key West, Marathon and Islamorada, with narrow carve-outs for specific activities and permitted events.
(a)Prohibition. ... It is unlawful for any person to possess or drink from an open container of an alcoholic beverage while upon a public or semipublic area open for vehicular or pedestrian travel, or a commercial establishment parking lot; except in those areas in which such consumption is permitted pursuant to the beverage law, other state statutes, state administrative rule, or county ordinance or resolution. ... (2)Passengers in vehicles as set forth in F.S. § 316.1936(5);(3)Any person engaged in fishing from a bridge, at a location where fishing is not prohibited by law; and(4)Social and fundraising events conducted by charitable and/or nonprofit organizations approved by the county administrator.
Full Breakdown
Monroe County Code § 3-5 makes it unlawful for any person to possess or drink from an open container of an alcoholic beverage while upon a "public or semipublic area open for vehicular or pedestrian travel" or a commercial establishment's parking lot. That covers roads, streets, rights-of-way, lanes, alleys, and parking areas the public is invited to use, but excludes golf courses, private driveways, or land serving a single dwelling. 1936(5), anglers fishing from a bridge where fishing isn't otherwise prohibited, and charitable or nonprofit social/fundraising events approved by the county administrator.
A separate carve-out preserves possession of open containers on county property when another Code provision specifically authorizes it. 1-5 and was last amended by Ord. No. 001-2023. Enforcement in the unincorporated Keys, Key Largo through Big Pine and Stock Island, falls to the Monroe County Sheriff's Office, which can cite violators under the county's general animal-and-code civil infraction and misdemeanor enforcement structure found elsewhere in the Code.
Violations & Fines
Possessing or drinking from an open alcoholic-beverage container on a public street, right-of-way, sidewalk, parking lot or similar public/semipublic travel area is a violation unless one of the four listed exceptions applies. The Sheriff's Office issues citations for violations observed in the unincorporated Keys. Officers evaluate whether the location qualifies as public/semipublic travel space and whether an exception (deposit collection, vehicle passenger, bridge fishing, or an approved charitable event) applies before citing.
Frequently Asked Questions
Can I drink an open beer while walking on a Key Largo street?
Does the open container ban apply on private driveways?
Can I have an open container as a passenger in a car in the Keys?
Is drinking allowed while fishing from a bridge in the Keys?
Sources & Official References
Other rules in Monroe County
Florida rules heatmap·Compare Monroe County to another location·View the Florida public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.