Winter Haven Code Chapter 6 (Fire Prevention and Protection) adopts the Florida Fire Prevention Code, which incorporates Florida Statute Chapter 791 regulating fireworks. Florida HB 65 (2020) legalized consumer fireworks on July 4, Dec 31, and Jan 1; outside those holidays only sparklers on the State Fire Marshal's approved list are legal.
Under FS Ch. 791 (as amended by HB 65 in 2020) and Winter Haven Code Chapter 6, consumer fireworks (firecrackers, bottle rockets, aerial shells) may be used by Florida residents only on Independence Day (July 4), New Year's Eve (Dec 31), and New Year's Day (Jan 1). On all other days, only "sparklers" approved by the State Fire Marshal's office are legal - this includes wood and wire sparklers, fountains, snakes, glow worms, smoke devices, and trick noisemakers. Aerials, firecrackers, and bottle rockets are illegal outside the three holidays. Polk County and Winter Haven Fire-Rescue may impose a temporary burn ban during drought conditions that suspends all fireworks. Public displays require a Chapter 6 permit through the Winter Haven Fire Prevention Division (863-291-5692).
Possession or use of illegal fireworks outside permitted holidays is a first-degree misdemeanor under FS §791.06 - up to one year in jail and $1,000 fine. Local Ch. 6 violations escalate through Code Compliance and Special Magistrate fines up to $250/day; commercial sales without a Fire Marshal license is a third-degree felony.
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