Florida law (FS § 791.08, enacted by Chapter 2020-11, Laws of Florida / SB 140) 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 Palm Coast 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 an outdoor public-display permit under FS § 791.02. Palm Coast adopted its own fireworks ordinance that mirrors state law; the Palm Coast Fire Department enforces fireworks rules under Chapter 25 of the City Code and the adopted Florida Fire Prevention Code. During a Flagler County declared burn ban, the discharge or use of fireworks, sparklers, flares, or other items containing any explosive compound is prohibited countywide.
Florida Statute 791.08, titled 'Use during designated holidays; exemption,' provides that this 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 (Palm Coast Fire Department). Palm Coast Fire Chief Mike Beadle summarized the practical test: if it leaves the ground where it explodes, it's considered an illegal firework in the state of Florida. Public fireworks displays require written applications submitted at least 15 days in advance to local authorities and must be supervised by competent, pre-approved operators in compliance with NFPA 1123. Palm Coast passed its own ordinance setting out restrictions and prohibitions on fireworks that is almost identical to state law, and limits the use of fireworks within city limits to individuals with a permit. When Flagler County declares an emergency burn ban (authorized by Chapter 12, Flagler County Code, and FS § 252.38(3)), the discharge or use of fireworks, sparklers, flares, or other items containing any explosive compound is among the activities prohibited countywide.
Use, possession, or sale of unlawful fireworks outside the three designated holidays is a misdemeanor under FS § 791.06 (first violation: misdemeanor of the first degree). Conducting an unpermitted public display violates FS § 791.02. Violations of the Palm Coast fireworks ordinance may be charged as a civil infraction or as a misdemeanor. Discharge during a Flagler County burn ban violates Chapter 12, Flagler County Code. The Palm Coast Fire Department and Flagler County Sheriff's Office enforce. Contact Palm Coast Fire Department: (386) 986-2300.
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