Under Florida law, consumer fireworks may be used in unincorporated Pasco County only on three designated holidays: New Year's Eve (Dec. 31), New Year's Day (Jan. 1), and Independence Day (July 4). On every other day of the year, exploding fireworks may be sold only to permit holders or for narrow exempt uses (e.g., agricultural bird-scaring), and approved sparklers remain legal year-round.
Florida Statute 791.08, the statewide fireworks-holiday exemption, provides that 'this chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday,' defined as New Year's Day (Jan. 1), Independence Day (July 4), and New Year's Eve (Dec. 31). Outside those dates, Fla. Stat. 791.02 makes it 'unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks' except under a public-display permit granted by the board of county commissioners or a municipality. Sparklers approved by the State Fire Marshal under Fla. Stat. 791.01 are legal year-round. Section 791.08 also preserves local government regulation and provides that a homeowners' association 'may not promulgate rules that attempt to abrogate a homeowner's right to use fireworks during a designated holiday.' Note that during a Pasco County emergency burn ban, the use of fireworks and sparklers is restricted regardless of the holiday exemption.
Selling, using, or exploding fireworks outside a designated holiday or permitted public display is a first-degree misdemeanor under Fla. Stat. 791.06, punishable by up to one year in jail and a fine of up to $1,000. Fireworks may also be prohibited during a county burn ban.
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