James Frazier | | Firework Accident
As the Fourth of July approaches, many Floridians are gearing up to celebrate with fireworks. But before you ignite that fuse, it's crucial to understand the complexities of Florida fireworks laws to ensure you're celebrating legally and safely. 

Florida Fireworks Laws: Everything You Need to Know to Have a Safe Holiday

As the Fourth of July approaches, many Floridians are gearing up to celebrate with fireworks. But before you ignite that fuse, it’s crucial to understand the complexities of Florida fireworks laws to ensure you’re celebrating legally and safely.  The Florida firework injury attorneys at Paul | Knopf | Bigger want you to have a safe and happy holiday.  Here are Florida’s laws on fireworks and some tips for firework safety.

What Are Florida Fireworks Laws?

Definition of Fireworks in Florida

Florida law defines fireworks as any combustible or explosive composition intended to produce visible or audible effects by combustion, explosion, deflagration, or detonation. This includes anything that flies, visibly explodes, or audibly goes bang or boom. Notably, sparklers, cap guns, smoke bombs, cigarette loads, party poppers, and snappers are exceptions and are legal to use year-round.

Legal Fireworks Holidays

In 2020, Florida established three specific holidays when fireworks are legally permitted:

  • New Year’s Eve
  • New Year’s Day
  • Independence Day (Fourth of July)

Individuals can set off fireworks on these designated holidays without needing to justify their use for agricultural purposes.

During the aforementioned holidays, popular fireworks such as Roman candles, bottle rockets, aerial fireworks, fountains, and other novelty firecrackers can be used freely in Florida.

When Are Fireworks Legal in Florida?

Designated Holidays

During the aforementioned holidays, popular fireworks such as Roman candles, bottle rockets, aerial fireworks, fountains, and other novelty firecrackers can be used freely in Florida. There’s no need to prove agricultural use during these times.

Agricultural Exemption

Florida fireworks laws state that fireworks can still be purchased legally outside the designated holidays to scare birds from agricultural work and fish hatcheries. Retailers often require buyers to sign a waiver affirming this purpose.

Local Restrictions and Ordinances

Neighborhood and HOA Rules

While Florida fireworks laws permits fireworks on the three holidays, it doesn’t override local government ordinances or neighborhood covenants that were in place before 2020. If your town or HOA had restrictions before the law, those restrictions still apply. However, the law prohibits new rules that prevent fireworks use on designated holidays.

Noise Ordinances

The law doesn’t specify exact times for setting off fireworks, but nearly all communities have noise ordinances prohibiting excessive noise late at night. Using the loudest fireworks earlier in the evening is wise to avoid disturbing your neighbors and potentially facing fines.

Florida's State Fire Noise Ordinances

Safety Tips for Using Fireworks

General Safety Guidelines

To ensure a safe celebration, follow these guidelines from Florida’s State Fire Marshal:

  • Stay Away from Unapproved Sparklers: Only use sparklers listed on the state’s annual approved list, only with close adult supervision.
  • Dispose of Duds Properly: Never relight a dud. Drench it in water to ensure it’s completely extinguished.
  • Protect Children: Keep fireworks out of young children’s hands. Consider safer alternatives like glow sticks for young kids.
  • Consider Neighbors and Pets: Keep pets indoors and a safe distance from fireworks. Be mindful of neighbors who might suffer from PTSD or have other sensitivities.
  • Have a Fire Extinguisher Ready: Always keep a fire extinguisher or water nearby to handle any mishaps immediately.

Firework Injury Statistics and Prevention

The Consumer Product Safety Commission reported an estimated 10,200 fireworks-related injuries in 2022, with 11 deaths, mainly from mortar-style devices. Children under 15 accounted for 28% of these injuries. Following safety guidelines can significantly reduce these risks.

Firework Injury

Florida Fireworks Laws: Enforcement and Penalties

Legal Consequences

Selling fireworks outside the listed exemptions is a first-degree misdemeanor in Florida, allowing local law enforcement to seize unapproved fireworks. However, there’s no specific penalty for individuals using fireworks unlawfully. You might still face charges for violating local noise or public disruption ordinances or for any damage caused by fireworks.

Celebrating Responsibly

Timing and Respect

While you technically have until midnight on designated holidays to set off fireworks, finishing earlier in the evening is courteous. This consideration helps maintain good relations with your neighbors and adheres to local noise regulations.

Leftover Fireworks

If you have leftover fireworks, save them for the following legal holiday unless you have an agricultural exemption. Your neighbors will appreciate your adherence to the legal guidelines, and you’ll avoid potential legal issues.

Understanding Florida’s fireworks laws helps ensure a safe and legal celebration. Remember the designated holidays, respect local ordinances, and prioritize safety to enjoy your fireworks responsibly. Doing so lets you celebrate the New Year, Fourth of July, and other special occasions with peace of mind and in harmony with your community.

Paul | Knopf | Bigger - Florida Injury Attorneys

Florida Firework Injury Legal Assistance from Paul | Knopf | Bigger

If you or a loved one has been injured by fireworks, contact Paul | Knopf | Bigger. Our attorneys possess extensive experience in personal injury claims and are committed to securing the compensation you deserve.  Contact us today if you have any questions about Florida fireworks laws or if you were injured in a fireworks accident.

By prioritizing safety and adhering to guidelines, we can significantly reduce the risks associated with fireworks. Enjoy your celebrations responsibly and stay informed about the potential hazards to protect yourself and your loved ones.

Sources: