Florida Fireworks Use on Holidays (PDF)

LEGAL ALERT INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL – June 19, 2020 F.S. 791.08 UNRESTRICTED USE OF FIREWORKS ON DESIGNATED HOLIDAYS This addition to Florida Stat...

LEGAL ALERT INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL – June 19, 2020 F.S. 791.08 UNRESTRICTED USE OF FIREWORKS ON DESIGNATED HOLIDAYS This addition to Florida Statutes became effective on April 8, 2020 when it was signed by Governor Desantis. The practical effect of this statute is to allow citizens unrestricted use of fireworks on three specific holidays. “HOAs” or Home Owner Associations may not create rules banning their use during these three specific dates. However, cities may enact ordinances that prohibit the use of fireworks, and if such ordinance exists fireworks are not permitted in that city. Florida Statute 791.08. Use during designated holidays; exemption (1) 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. This section is not intended to provide for the comprehensive regulation of fireworks as described in s. 10(5), chapter 2007-67, Laws of Florida, or to supersede any local governmental regulation relating to the use of fireworks as provided in s. 10(5), chapter 2007-67, Laws of Florida. (3) The Legislature does not intend for the application of this section to supersede any prohibition against the use of fireworks contained within a legally executed and properly recorded declaration of covenants or covenant running with the land of any homeowners' association pursuant to chapter 720. However, a homeowners' association, through a board of directors, may not promulgate rules that attempt to abrogate a homeowner's right to use fireworks during a designated holiday or under general law. Florida Statute 791.01(4)(a), defines “Fireworks” as certain combustible or explosive substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes “blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.” The contents of this document are directed to employees of Broward Sheriff Office (BSO) and in no way modify or affect BSO’s adopted policies and procedures. Cases cited herein may be updated, modified or overruled by other future court decisions. Individuals or administrative agencies seeking legal advice should refer to their own attorney for guidance concerning their particular situation