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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.

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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 assumptionWhat the law actually does
The assumptionFireworks are illegal in Florida except sparklersWhat the law actually doesThe chapter does not prohibit use solely during the three designated holidays
The assumptionAn HOA board can ban fireworks on the FourthWhat 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)
  1. Fla. Stat. 791.08 — Use during designated holidays; exemption
  2. 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.

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