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Questions and Answers
On which holidays are citizens allowed unrestricted use of fireworks according to Florida Statute 791.08?
What is the exception to the rule that allows citizens unrestricted use of fireworks on designated holidays?
What does the Legislature intend to supersede with the application of this section?
What is the term used in Florida Statute 791.08 to describe the three specific holidays?
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Can a homeowner's association create rules banning the use of fireworks during designated holidays?
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What is the purpose of Florida Statute 791.08?
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What is the significance of chapter 720 in relation to Florida Statute 791.08?
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Study Notes
F.S. 791.08 Unrestricted Use of Fireworks on Designated Holidays
- F.S. 791.08 became effective on April 8, 2020, when signed by Governor DeSantis.
- The statute allows citizens unrestricted use of fireworks on three specific holidays.
- Homeowner Associations (HOAs) cannot create rules banning fireworks use during these three holidays.
Designated Holidays
- Designated holidays when fireworks use is allowed:
- New Year's Day, January 1
- Independence Day, July 4
- New Year's Eve, December 31
Interaction with Local Government Regulations
- Cities may enact ordinances that prohibit the use of fireworks.
- If a city ordinance exists, fireworks are not permitted in that city.
Clarification on Superseding Local Regulations
- The statute does not provide comprehensive regulation of fireworks or supersede local governmental regulations.
- The statute does not supersede any prohibition against fireworks use in a legally executed and properly recorded declaration of covenants or covenant running with the land of any Homeowner Association.
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Description
Learn about the unrestricted use of fireworks on designated holidays in Florida, effective from April 8, 2020. Test your knowledge on the new statute and its implications on Home Owner Associations.
