Alachua County, FL Fire Regulations: Fireworks (2026)

Florida Statute Chapter 791 is the controlling state law for fireworks. F.S. 791.01 defines 'fireworks' to exclude approved sparklers listed by the State Fire Marshal. F.S. 791.02 generally prohibits the sale or use of fireworks except for agricultural/fish-scaring use, supervised public displays with a permit, or use on the three designated holidays under F.S. 791.08. Section 791.08, created by Senate Bill 140 in 2020 and signed April 8, 2020, exempts the use of fireworks 'solely and exclusively' on January 1 (New Year's Day), July 4 (Independence Day), and December 31 (New Year's Eve) from the prohibitions of F.S. 791.02. The statute does NOT preempt local government time-of-day, location, or noise ordinances and does not override HOA covenants recorded before April 8, 2020. In Alachua County, the county Noise Ordinance (Alachua County Code Chapter 110) and generally applicable nuisance and burn-ban rules can restrict fireworks where they cause excessive noise, threaten property, or violate active fire bans issued by the Florida Forest Service. During declared drought or burn-ban conditions, county officials and the Florida Forest Service may prohibit consumer fireworks even on a designated holiday. Cities within Alachua County (Gainesville, Alachua, Newberry, etc.) administer their own noise and public-safety ordinances.