Florida permits consumer fireworks use statewide on July 4, December 31, and January 1, preempting local bans on those holidays under Section 791.08, Florida Statutes.
Chapter 791, Florida Statutes, governs the sale and use of fireworks. Section 791.08 expressly authorizes individuals to use consumer fireworks on July 4, December 31, and January 1 of each year, and prohibits local governments from banning their use on those dates. Outside those holidays, only sparklers approved by the State Fire Marshal are generally permitted for non-agricultural consumer use. Sale of fireworks requires a state seller registration and compliance with the Florida Fire Prevention Code.
Illegal use of fireworks outside authorized holidays is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine under Section 791.06, Florida Statutes.
See how St. Augustine Beach's fireworks rules stack up against other locations.
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