Fireworks FAQ: Florida Fireworks Laws, Safety and How to Light Them

02 · FLORIDA FIREWORKS LAWS

Florida Fireworks Laws

Florida lets you use consumer fireworks on three days a year: New Year’s Eve (December 31), New Year’s Day (January 1) and Independence Day (July 4). Florida Statute 791.08 names these three “designated holidays.”

Statute

“solely and exclusively during a designated holiday”

Florida Statute 791.08 Source: leg.state.fl.us ↗

It says the fireworks chapter doesn’t prohibit using fireworks “solely and exclusively during a designated holiday.” On other days, using consumer fireworks isn’t allowed under state law and can lead to penalties. Local noise rules, HOA covenants and burn bans can add limits on top of the state rule.

Some items aren’t “fireworks” under Florida law, so the holiday limit doesn’t apply to them:

• Approved sparklers. Florida defines a sparkler as a device that emits a shower of sparks, contains no explosive compound, has no more than 100 grams of spark-producing compound, and doesn’t propel itself. The state tests sparklers and publishes an approved list each year, effective February 1. A sparkler that isn’t on the approved list counts as fireworks.
• Snakes and glow worms.
• Smoke devices.
• Trick noisemakers, including party poppers, snappers and booby traps.

Ask our staff which items on the table are on the approved sparkler list, or browse sparklers and novelty items before you visit.

Florida’s definition is broad. It names items like firecrackers, torpedoes, skyrockets and Roman candles, and it covers any combustible or explosive composition. In practice, that takes in cakes, aerial shells and most fountains, unless an item is a state-approved sparkler. Those are the items limited to the three holidays, including everything on our repeaters, artillery shells, sky rockets and missiles pages.

Yes, on the designated holidays. A 500 gram cake is a consumer firework; 500 grams of effect composition is the ceiling the industry’s consumer standard sets for a multi-shot cake. In Florida, it follows the same rule as any other firework. Professional display shells are a different class and require a permit.

The Lee County Sheriff’s Office guidance for the holidays is:

• Age. Fireworks should be used by people 18 or older.
• Property. Use fireworks on your own property, or with the explicit permission of the property owner.

Public parks, beaches and streets usually have their own rules, so don’t assume a public spot is allowed.

• Noise ordinances. Cape Coral police have reminded residents that the city’s 11 p.m. to 7 a.m. noise ordinance still applies to fireworks, even on a holiday. Other cities have their own noise rules.
• Burn bans. During dry periods, counties can put burn bans in place. Collier County has done so in past dry seasons, and a burn ban can restrict fireworks even on a designated holiday. Check your county’s current status before you light.
• Sheriff guidance. The Lee County Sheriff’s Office has published holiday fireworks guidance, including the age and property rules above.

Yes, if it’s in your community’s recorded covenants. Florida’s law doesn’t override fireworks bans in recorded HOA covenants, so that rule still applies on the holidays. The law does stop an HOA board from adopting new rules that take away a homeowner’s right to use fireworks on a designated holiday. If you’re not sure what your community allows, read your covenants or ask your association.

04 · HOW TO LIGHT FIREWORKS

How to Light Fireworks

Lighting fireworks at home goes best when the work is done before the first fuse. These are the steps we share with shoppers at our tents. Always follow the label on each product, because it comes first.

Choose a flat, hard, clear surface, like a driveway or a sheet of plywood on bare ground, so nothing can tip over. Keep the launch area well away from homes, palm trees, parked cars and people. Look up, too: roofs, screens, branches and power lines don’t belong overhead. Set your audience back, upwind if you can, and keep everyone but the person lighting out of the launch area.

Then read the label on every item. It tells you how to place it, where to stand and what to expect. For cakes and reloadable shells, follow the product label rather than a general rule, because setup differs from one product to the next.

1. Check the rules. Make sure it’s a legal day and your neighborhood allows it. The Florida laws section above covers both.
2. Set your order. Lay the items out in the order you’ll light them, with smaller ground effects first and your biggest finale last.
3. Place the first item. Set it on the flat surface, label facing you, pointed up and away from people and buildings.
4. Light the fuse at arm’s length. Use an extended lighter or a punk, not a short match, and never lean over a device.
5. Step back right away. Move well away as soon as the fuse is lit.
6. Light one item at a time. Wait until each one is done before you set up the next. The CPSC gives the same advice: light one at a time, then move back quickly.
7. Keep it sober. Save any drinks for after the last fuse.

Once the show is over, wait until everything is cool, then soak every spent device in water before it goes in the trash. A device that looks finished can still be warm inside, so don’t skip the soak. Walk the yard in daylight to pick up any pieces you missed.