Fort Myers, FL Fire Regulations: Fireworks (2026)

Florida Statute 791.08, titled 'Use during designated holidays; exemption,' provides that '[t]his chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday.' The three designated holidays defined in subsection (2) are New Year's Day (January 1), Independence Day (July 4), and New Year's Eve (December 31). FS § 791.08(3) bars a homeowners' association board of directors from promulgating rules that attempt to abrogate a homeowner's right to use fireworks during a designated holiday (covenants in place before the law remain enforceable). The statute was enacted by Section 1, Chapter 2020-11, Laws of Florida (SB 140 of 2020). Outside the three designated holidays, FS Chapter 791 distinguishes between (1) 'sparklers' on the approved list maintained by the State Fire Marshal under FS § 791.01(4) and 791.013 (legal year-round for consumer use), and (2) 'fireworks' (FS § 791.01(4)(a)) including any combustible or explosive composition that produces a visible or audible effect by combustion, explosion, deflagration, or detonation - including firecrackers, torpedoes, skyrockets, Roman candles, and similar devices - which may be used only under an FS § 791.02 outdoor public-display permit issued by the local fire authority (Fort Myers Fire Department). FS § 791.01(4)(b) exempts certain agricultural devices (frightening birds from crops) and federally regulated items. Fort Myers enforces these rules under Chapter 40 of the Code of Ordinances and the Florida Fire Prevention Code, 8th Edition. The Florida Forest Service's 8th-Edition adopted Florida Fire Prevention Code regulates display, storage, and sale of pyrotechnics through NFPA 1, 1124, 1125, and 1126 chapters.