Fireworks In The Yard
Fla. Stat. 791.08 — fireworks on New Year's Day, Independence Day and New Year's Eve
In Florida, the fireworks chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday: New Year's Day, January 1; Independence Day, July 4; or New Year's Eve, December 31.
The homeowners' association. The section does not override a fireworks prohibition in a properly recorded declaration of covenants. But a homeowners' association board may not make rules that try to take away a homeowner's right to use fireworks during a designated holiday or under general law.
Local rules. The section says it is not meant to supersede local government regulation of fireworks use under the law it names.
| The assumption | What the law actually does |
|---|---|
| The assumptionFireworks are illegal in Florida except sparklers | What the law actually doesThe chapter does not prohibit use solely during the three designated holidays |
| The assumptionAn HOA board can ban fireworks on the Fourth | What the law actually doesNot by board rule, though a recorded covenant still applies |
Local ordinances, homeowners' association rules, fire restrictions, and the licensing of sellers and display operators run alongside these sections and are not all on this page. Whether a particular device or a particular night is allowed where someone lives is a question for the local fire authority or a licensed Florida attorney.
Sources for this section (2)
- Fla. Stat. 791.08 — Use during designated holidays; exemption
- Fla. Stat. 791.01 — Definitions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.