Santa Rosa County, FL Fire Regulations: Fireworks (2026)
Key Facts
- Designated holidays
- January 1, July 4 and December 31 (three days)
- Scope of exemption
- Use "solely and exclusively" during a designated holiday
- Statute
- Florida Statutes § 791.08, Chapter 791 (Sale of Fireworks)
- Local regulation
- Not superseded, per s. 10(5), chapter 2007-67, Laws of Florida
- HOA recorded declaration
- A recorded fireworks prohibition under chapter 720 survives
- HOA board rules
- Cannot abrogate the right to use fireworks on a designated holiday
- History
- s. 1, ch. 2020-11
Summary
Florida Statutes § 791.08 allows fireworks use in Santa Rosa County on three days only: New Year's Day (January 1), Independence Day (July 4) and New Year's Eve (December 31). The exemption covers use solely and exclusively on those dates, leaves local government fireworks regulation in place, and does not override recorded homeowners' association covenants.
(1) As used in this section, the term “designated holiday” means: (a) New Year’s Day, January 1;
(b) Independence Day, July 4; or
(c) New Year’s Eve, December 31.
(2) This chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday. This section is not intended to provide for the comprehensive regulation of fireworks as described in s. 10(5), chapter 2007-67, Laws of Florida, or to supersede any local governmental regulation relating to the use of fireworks as provided in s. 10(5), chapter 2007-67, Laws of Florida.
(3) The Legislature does not intend for the application of this section to supersede any prohibition against the use of fireworks contained within a legally executed and properly recorded declaration of covenants or covenant running with the land of any homeowners’ association pursuant to chapter 720. However, a homeowners’ association, through a board of directors, may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during a designated holiday or under general law.
Full Breakdown
Section 791.08 sits in Chapter 791, Sale of Fireworks, within Title XLVI, Crimes, of the Florida Statutes. It is a state law, so it governs fireworks use in Santa Rosa County the same way it governs every other Florida county. Subsection (1) defines the term "designated holiday" with three calendar dates: New Year's Day on January 1, Independence Day on July 4, and New Year's Eve on December 31. Subsection (2) then states that Chapter 791 does not prohibit the use of fireworks "solely and exclusively" during a designated holiday. The exemption is tied to the calendar, so use on any date outside those three days is not protected by this section.
The statute is not a complete fireworks code. Subsection (2) adds that the section is not intended to provide for the comprehensive regulation of fireworks as described in s. 10(5), chapter 2007-67, Laws of Florida, and is not intended to supersede any local governmental regulation relating to the use of fireworks as provided in that same section. A Santa Rosa County or municipal use rule that falls within that provision therefore stays in force beside the holiday exemption.
Subsection (3) deals with private communities. The Legislature does not intend this section to supersede any prohibition against fireworks use contained within a legally executed and properly recorded declaration of covenants, or a covenant running with the land, of a homeowners' association under chapter 720. A subdivision in Santa Rosa County whose recorded declaration bans fireworks keeps that ban. The statute draws a line at board action, though: a homeowners' association, through a board of directors, may not promulgate rules that attempt to abrogate a homeowner's right to use fireworks during a designated holiday or under general law.
The 2026 Florida Statutes print the section with a single history entry, section 1 of chapter 2020-11, and no pending effective date.
Violations & Fines
Section 791.08 prints no fine or jail term of its own. Its protection ends outside the three designated holidays, because the exemption applies only to use "solely and exclusively" during January 1, July 4 or December 31. Fireworks used on other dates fall outside the section and back under the rest of Chapter 791 and any local governmental regulation. A homeowner who sets off fireworks in breach of a recorded declaration's prohibition faces the covenant, which the statute leaves intact.
Frequently Asked Questions
Which days can I use fireworks in Santa Rosa County under Florida law?
Can Santa Rosa County or a city inside it still restrict fireworks use?
Can my homeowners' association ban fireworks on July 4?
Does the exemption cover the day after Independence Day?
Sources & Official References
Other rules in Santa Rosa County
How Santa Rosa County compares: Cities Where Fireworks Are Banned or Heavily Restricted·Florida rules heatmap·Compare Santa Rosa County to another location·View the Florida fire regulations overview
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