It’s time once again to celebrate the birthday of the United States with a long weekend, cookouts, and brightly colored explosions from backyard pyrotechnicians. Fireworks tents dot the landscape and big economy packages of fireworks are popping up in Costco.
But are they legal in Florida?
Noisy or projectile fireworks are not, most of the time. But a 2020 Florida law established three fireworks “holidays” when they’re allowed, subject to grandfathered local ordinances:
So, if you fire off your “Temper Tantrum” artillery shells from your driveway on those specific three nights, you’re fine as far as the state is concerned.
(But be safe. More than 14,700 people were treated in emergency rooms last year for fireworks injuries and there were 11 deaths, according to the United States Consumer Product Safety Commission. Of all the injuries, 37% were burns, with 36% of them to hands and fingers and 22% to the head, face and ears.)
What does Florida consider to be a legal firework? And what about the rest of the year? Here’s what you need to know about staying legal and safe with fireworks.
Are fireworks legal in Florida?
Florida allows fireworks in two instances. First, those three holidays are exempt from the fireworks laws on the books.
Floridians also are permitted to purchase and set off fireworks provided they are used “solely and exclusively in frightening birds from agricultural works and fish hatcheries.”
That’s why when you go to fireworks tents all year long to buy a cartload of “Chroma Color-Changing 4-inch XL Canister Shells” you have to sign a waiver affirming that you’re only buying them to scare away crows or something. Winking at the dealer is not necessary.
Consumer fireworks classified as 1.4G sparklers, including sparklers, fountains, ground spinners, snakes, glow worms and party poppers, are legal all year, according to the Florida Sheriffs Association.
How does Florida define fireworks?
According to Florida law, fireworks are “any combustible or explosive composition or substance or combination of substances … prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation.”
Basically, that includes anything that flies, visibly explodes and/or audibly goes boom with the notable exception of sparklers, cap guns, smoke bombs, cigarette loads, party poppers, and snappers, which were already legal to use in Florida. Yes, Florida statutes define cigarette loads.
How old do you have to be to buy fireworks in Florida?
You must be 18 years of age or older to legally buy fireworks in Florida.
Can I set off fireworks in Florida on the Fourth of July?
Yes. On the three designated holidays, you can set off Roman candles, bottle rockets, aerial fireworks, fountains and other novelty firecrackers without having to prove an agricultural need.
However, on the days leading up to the holiday and from July 5 onward, setting them off is illegal in the state of Florida.
What if my town or HOA has its own fireworks restrictions?
Florida law allows fireworks on those three days, but it doesn’t overrule any existing local government ordinances or neighborhood HOA covenants and restrictions that were already on the books. If it wasn’t OK in your neighborhood or city before 2021, it’s not OK now. Check with your local government or HOA for details.
There just won’t be any new restrictions. The law specifically prohibits cities and HOAs from creating new rules to prevent residents from taking advantage of the fireworks holidays.
How late at night can I set off fireworks in Florida?
The law doesn’t specify a time, so technically a person would have until 11:59 p.m. on July 4 when the official day ends and a new day begins.
However, nearly every community prohibits excessive, unnecessary or unreasonable noise so you’re better off using up the noisiest fireworks earlier in the evening. Contact your city or HOA for the specific noise or nuisance laws where you live.
Can I set off leftover fireworks the next day?
No. Unless you have an agricultural or fish hatchery exemption, you’re going to have to save them for New Year’s. Your neighbors will probably thank you for sticking firm to the legal days as well.
Can I be arrested for setting off fireworks in Florida if it’s not an approved holiday?
Unlikely. The statute makes selling fireworks a first-degree misdemeanor, apart from the listed exemptions, but there is no stated penalty for the people with the lighters. The statute does specifically say, however, that a sheriff or sheriff’s appointee may seize any fireworks in violation.
You still may be charged with violating local ordinances against noise or public disruption, or in relation to any damage caused, at the discrepancy of local law enforcement.
How can I keep my family safe using backyard fireworks?
Here are guidelines for fireworks safety from the United States Consumer Product Safety Commission and the Florida Department of Financial Services:
This article originally appeared on The Daytona Beach News-Journal: Are July 4th fireworks legal in Florida? What to know about buying them, when to set them off
Reporting by C. A. Bridges, USA TODAY NETWORK – Florida / The Daytona Beach News-Journal
USA TODAY Network via Reuters Connect
