Home fireworks are legal in Florida on NYE and New Year’s Day but what kind, when and where?

Home fireworks are legal in Florida on NYE and New Year’s Day but what kind, when and where?

Tallahassee, Fl (treasurecoast.com)  -Many Florida cities are ramping up efforts to put on public fireworks displays a year after the COVID-19 pandemic scuttled last summer’s plans.

But not everyone is ready to head back to business as usual, and a 2020 Florida law establishing three fireworks “holidays” — New Year’s Eve, New Year’s Day and Independence Day — is making it easier for backyard pyrotechnicians who prefer to stick closer to home.

Although the law has been on the books for more than a year, many Floridians still aren’t sure what they can and can’t blow up, where and for how long.

Here’s what you need to know about staying legal and safe with fireworks this New Year’s holiday:

What is a firework?

The statute governing the three designated holidays provides an exemption to laws already on the books that define fireworks as “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, party poppers, and snappers, which were already legal to use in Florida.

On these “designated holidays,” people setting off the kind of popular fireworks found in stores and roadside stands, such as Roman candles, bottle rockets, aerial fireworks, fountains and other novelty firecrackers, will be able to do so without having to prove they are using them for agricultural purposes — the oft-misused caveat that has allowed residents to buy firecrackers in years past.

What if my town or HOA has its own fireworks restrictions?

According to Florida law, the three designated holidays do not supersede existing local government ordinances or neighborhood covenants and restrictions already on the books. So if it wasn’t okay before, it won’t be okay now.

But 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 midnight 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.

I have Jan. 2 off work. Can I set off fireworks leftover from the day before?

Congrats on the day off, but the short answer is no. Unless you have an agricultural or fish hatchery exemption, you’re going to have to save them for the Fourth of July.  Your neighbors will probably thank you for sticking firm to the legal days as well. 

Here are guidelines for fireworks safety from the office of Jimmy Patronis, Florida’s chief financial officer and state fire marshal:

• Stay away from unapproved sparklers – Per Florida Statute, the State Fire Marshal’s Office is responsible for updating an annual list of approved sparklers. Never use sparklers without close adult supervision.
• Throw away the duds – Relighting a dud can cause it to explode, which can lead to serious injury. If fireworks don’t light, always drench them in water to make sure they are completely extinguished.
• Protect your children – Never let young children use fireworks or sparklers as they can cause third-degree burns if not handled properly. Glow sticks are a fantastic way for young kids to celebrate safely.
• Remember your neighbors and pets – Always keep pets inside and a safe distance from fireworks. Also, be mindful that many in our state, including first responders and veterans, suffer from PTSD and your celebration could impact their symptoms.
• Always have a fire extinguisher on hand – Disposing of fireworks and sparklers the right way can prevent an accident from happening. Using water or a fire extinguisher makes sure everything is cool enough to throw away.

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