Fireworks: Cape Coral vs Fort Myers
How do fireworks rules compare between Cape Coral, FL and Fort Myers, FL?
Cape Coral and Fort Myers have similar restriction levels.
Cape Coral, FL
Lee County
FL §791.08 preempts local bans on consumer fireworks on July 4th, Dec 31, and Jan 1. Cape Coral follows state law. Outside those 3 holidays, aerial/explosive fireworks require a permit. Sparklers and novelties are legal year-round.
View full Cape Coral rules →Fort Myers, FL
Lee County
Florida law (FS § 791.08, enacted by Ch. 2020-11) preempts local bans on consumer fireworks on three designated holidays: New Year's Day (January 1), Independence Day (July 4), and New Year's Eve (December 31). On those three days the City of Fort Myers cannot prohibit consumer fireworks. Outside those holidays, only 'sparklers' on the State Fire Marshal's approved list (FS § 791.01(4)) may be used; aerial and explosive fireworks (rockets, mortars, Roman candles, firecrackers) require a display permit under FS § 791.02. The Fort Myers Fire Department enforces fireworks rules under Chapter 40 of the City Code and the adopted Florida Fire Prevention Code.
View full Fort Myers rules →Key Facts Comparison
| Fact | Cape Coral | Fort Myers |
|---|---|---|
| State Holidays | Consumer fireworks legal July 4, Dec 31, Jan 1 | - |
| Other Dates | Aerial fireworks require permit | - |
| Sparklers | Legal year-round | - |
| State Law | FL §791.08 | - |
| State Statute | - | FS § 791.08 (Ch. 2020-11, Laws of FL) |
| Permitted Holidays | - | Jan 1, July 4, Dec 31 only |
| Year-Round (sparklers) | - | Approved sparklers only (FS § 791.01(4)) |
| Public Display | - | Permit required (FS § 791.02) |
| Penalty | - | First-degree misdemeanor (FS § 791.06) |
Highlighted rows indicate differences between cities.
Cape Coral FAQ
Are consumer fireworks legal in Cape Coral?
FL §791.08 preempts local bans on consumer fireworks on July 4th, Dec 31, and Jan 1. Cape Coral follows state law. Outside those 3 holidays, aerial/explosive fireworks require a permit. Sparklers and novelties are legal year-round.
When can I set off fireworks in Cape Coral?
State Holidays: Consumer fireworks legal July 4, Dec 31, Jan 1. Other Dates: Aerial fireworks require permit. Sparklers: Legal year-round. State Law: FL §791.08.
Fort Myers FAQ
Are fireworks legal in Fort Myers, FL?
Consumer fireworks are legal on three days only - New Year's Day (January 1), Independence Day (July 4), and New Year's Eve (December 31) - under Florida Statute 791.08 (enacted by Ch. 2020-11, Laws of Florida, in 2020). On those three days the City of Fort Myers cannot prohibit them. Outside those holidays, only approved 'sparklers' from the State Fire Marshal's list may be used by consumers.
Are bottle rockets and Roman candles legal in Fort Myers outside the holidays?
No. Aerial devices, firecrackers, mortars, skyrockets, and Roman candles are 'fireworks' under FS § 791.01(4)(a) and may be used outside the three designated holidays only under an outdoor public-display permit issued by the Fort Myers Fire Department under FS § 791.02. Unauthorized possession or use is a first-degree misdemeanor under FS § 791.06.
Can my Fort Myers HOA ban me from setting off fireworks on July 4th?
No. FS § 791.08(3) prohibits a homeowners' association board of directors from promulgating rules that abrogate a homeowner's right to use fireworks during a designated holiday (Jan 1, July 4, Dec 31). Restrictive covenants recorded before the 2020 law took effect remain enforceable.
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