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Are Fireworks Legal In Florida? Read On To Find Out!

| January 19, 2024

People all around were prepping for New Year’s with fireworks, but are fireworks legal in Florida?

Are Fireworks legal in Florida on specific days? Are these noisy or flying fireworks banned in Florida unless it’s New Year’s Eve, New Year’s Day, or Independence Day? Well, Governor DeSantis passed a law about 4 years ago, in 2020, on the legality of Fireworks. This law made certain days legal for fireworks fun.

So, what qualifies as a legal firework in Florida? And what about the rest of the year? Let’s uncover what’s allowed and how to stay lawful and safe when celebrating with fireworks.

As we move forward into 2024, we know how New Year’s parties included sparklers and fireworks. Thus, let us quickly get a rundown on the regulations governing fireworks in the Sunshine State.

Fireworks In Florida- What Does The State Mean By Fireworks?

To understand “are fireworks legal in Florida”, we must first understand how the state defines “fireworks”. The state defines fireworks as substances designed to make a visible or loud effect after burning, exploding, or detonating.

This broad definition encompasses items that fly, explode visibly, or make loud noises. However, other than certain exceptions, all fireworks were already considered legal in the state.

The exceptions included, sparklers, cap guns, smoke bombs, and others. Surprisingly, Florida laws even specify cigarette loads within this definition of Fireworks.

 So, what does this definition actually cover?

Anything that:

a.  creates a visible or audible impact

b.  through burning, exploding, or detonating

c.  falls under Florida’s definition of fireworks.

What Would That Include?

According to the definition above, this includes items:

a.  Flying into the air,

b.  explode visibly, or

c.  make loud noises.

However, certain exceptions like sparklers, cap guns, smoke bombs, and other items were already considered legal to use in Florida. Thus, this was the way even before this definition was established.

Additionally, the inclusion of cigarette loads in Florida’s legal definition might come as a surprise to many.

In Florida, lighting fireworks is legal only on specific days. These days include the following.

a.  The Fourth of July.

b.  New Year’s Eve.

c.  Finally, New Year’s Day.

However, it’s essential to note that certain cities and towns might have their own rules against fireworks. For instance, Volusia County beaches prohibit fireworks.

But Are There Exceptions To This Law?

Yes, there are two instances where fireworks are allowed in the state. Firstly, on those three specified holidays, fireworks are exempt from the usual restrictions.

Secondly, Floridians can buy and use fireworks if it is only for scaring birds away from agricultural areas and fish hatcheries.

Buying Fireworks For Scaring Off Birds

Thus, this exception has lead to quite a surprising situation for people in Florida. Throughout the year, when you visit fireworks stand, you might have to sign a waiver. There, you sign confirming that you are buying fireworks only to scare off birds and not for general use.

These exceptions allow only limited use of fireworks outside of holidays that the law from 2020 mentions.  So, if anyone feels that not allowing fireworks on other days is merely an invasion of privacy, there are no exceptions that they can make use of.

This law doesn’t try to control all fireworks rules but works with local ones. However, it protects homeowners’ rights to use fireworks at certain times, even if their association tries to stop them.

Yet, if the association’s official documents state specific fireworks restrictions, those will still apply. Therefore, just like an automotive lawyer tells you to obey traffic laws, being a home owner in Florida, you will need to abide by firework laws.

Setting Off Fireworks at Night in Florida

Are fireworks legal in Florida in the night?

Florida’s laws don’t set a specific time for fireworks. However, bylaws or localities may ask people to finish earlier in the evening. After all, that would make it easier for people to respect noise restrictions.

Most communities have rules against excessive noise, so it’s wise to check local laws. If you see fit, you can visit a lawyer to go over the noise ordinances set by your city or homeowners’ association.

What Does The Florida Say About Using Leftover Fireworks?

Are fireworks legal in Florida for next-day use? According to Florida law, unless any citizen has a special exemption fir agricultural or fish hatchery activities, they can’t use leftover fireworks. Thus, fireworks will still be illegal the day after New Year’s or the 4th of July.

You should know that respecting these limitations is not just a legal requirement but also being mindful of what the neighbors want.

Are There Punishments For Illegal Fireworks In Florida?

So, are fireworks illegal in Florida? Yes, fireworks are indeed illegal in Florida except for the stipulated days and occasions according to state laws. Now, selling unapproved fireworks is a misdemeanor.

However, individuals setting them off do not face explicit penalties. However, violating noise ordinances or causing damage might lead to charges or fines as per local laws.

To Conclude

Being mindful of state laws related to fireworks may not be as difficult as piercing the corporate veil. With the rise in fireworks-related injuries, following safety guidelines is essential. Therefore, Florida’s chief financial officer and state fire marshal, Jimmy Patronis, suggests avoiding unapproved sparklers.

Additionally, discarding malfunctioning fireworks safely, supervising children closely, and considering neighbors and pets, seem to be very important.

Remember, keeping a fire extinguisher handy for proper disposal is important while using Fireworks.

By following these safety measures and being aware of local regulations, you can ensure a safer and more enjoyable fireworks experience while respecting your community.

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Jyoti Jha
Jyoti Jha

Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.

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