Florida Statewide Rule
Florida Statewide Consumer Fireworks Authorization
Key Facts
- Authorized Days
- Jul 4, Dec 31, Jan 1
- Statute
- Fla. Stat. 791.08
- Other Days
- Sparklers only
- Penalty
- 1st degree misdemeanor
Summary
Florida permits consumer fireworks use on July 4, December 31, and January 1 under Section 791.08, Florida Statutes, exempting those days from the state's general fireworks prohibition, though local regulations and recorded HOA covenants can still apply.
F.S. 791.08 791.08 Use during designated holidays; exemption. — (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. History. — s. 1, ch. 2020-11. Home Senators Senator List Find Your Legislators District Maps Vote Disclosures Committees Committee List Committee Publications Search Bill Search Tips Statute Search Tips Site Search Tips Session Bills Calendars Journals Appropriations Conferences Reports Executive Appointments Executive Suspensions
Full Breakdown
Chapter 791, Florida Statutes, governs the sale and use of fireworks. Section 791.08 (2020) provides that Chapter 791 does not prohibit using consumer fireworks on July 4, December 31, and January 1. The exemption applies only to the state-law prohibition: the statute expressly does not supersede local government fireworks regulations, and recorded HOA covenants restricting fireworks remain enforceable, though HOA boards cannot adopt new rules abrogating the designated-holiday right. Outside those holidays, only sparklers approved by the State Fire Marshal are generally permitted for non-agricultural consumer use, and sellers need state registration.
Violations & Penalties
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.
Frequently Asked Questions
Can my Florida city ban fireworks on July 4?
What about fireworks on other days of the year?
Sources
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