Winter Haven, FL Fire Regulations: Fireworks (2026)

Polk County Code Section 7-65 (Article IV, Chapter 7 - Fire Prevention and Protection) makes it unlawful to offer for sale, sell at retail, use, or explode fireworks within unincorporated Polk County except as authorized by Florida Statutes 791.02, 791.04, or 791.07. This local prohibition is preempted on three holidays by F.S. 791.08 (enacted by SB 140 in 2020), which legalizes consumer fireworks use by individuals on July 4, December 31, and January 1 each year. F.S. 791.001 expressly preempts local regulation that 'directly prohibits or directly interferes' with the right to purchase, sell, use, or possess consumer fireworks under state law for ordinances adopted after March 8, 2007. Year-round, only items defined as 'sparklers' under F.S. 791.01(8) and on the State Fire Marshal approved list (sparklers, fountains, snake/glow worms, smoke devices, trick noisemakers) are legal for consumer use without further permit. Aerial fireworks, firecrackers, Roman candles, and similar items are 'fireworks' under F.S. 791.01 and may only be used in supervised public displays permitted by the local government and conducted by an operator approved by the police and fire chiefs (F.S. 791.02), or under the agricultural exemption (F.S. 791.07) for scaring birds from farms or fish hatcheries. Public displays must follow NFPA 1123 (Code for Fireworks Display, 1995 Edition) per F.S. 791.012. Polk County Section 7-65 requires sellers to hold a State Fire Marshal registration under F.S. 791.015 plus a local Polk County permit, display all permits at each retail location, and maintain on-site records of all sales (purchaser name, address, ID, and registration). Burn bans declared by Polk County Fire Rescue or the Florida Forest Service may further restrict outdoor fireworks use during drought conditions, even on otherwise-legal holidays.