Florida: Are fireworks legal?
Florida allows fireworks, including aerial ones, on New Year's Eve, New Year's Day and July 4; other days, only approved sparklers and novelties.
Since 2020, state law says the fireworks chapter does not prohibit using fireworks solely during those three designated holidays. On other days, only sparklers on the state's approved list and small novelties such as snakes and party poppers are legal. The 2020 change addressed use, not retail sales, and the general ban on selling fireworks remains in the statute, apart from an exemption (§ 791.07) for fireworks used to scare birds from farms and fish hatcheries. A homeowners' association board can't take away the holiday right, except through a recorded covenant.
Conditions
- Fireworks use allowed only on January 1, July 4 and December 31
- Other days: only Division-approved sparklers and listed novelties
What the law says
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.
Sources
- Fla. Stat. 791.08 (designated holidays), 2026 Florida Statutes Official · leg.state.fl.us
- Fla. Stat. 791.01 (definitions of fireworks and sparkler) Official · leg.state.fl.us
- Fla. Stat. 791.02 (sale and use unlawful except as provided) Official · leg.state.fl.us
Confirm with the state
- Agency
- Florida Division of State Fire Marshal, Bureau of Fire Prevention
- Phone
- (850) 413-3171
- Website
- myfloridacfo.com
How bordering states compare
- Alabama Aerial fireworks allowedAlabama allows adults to buy and use the full range of federally approved 1.4G consumer fireworks, including aerial and exploding items.
- Georgia Aerial fireworks allowedGeorgia allows adults 18 and older to buy and use consumer fireworks, including Roman candles and aerial items, within state time and place limits.