Are Fireworks Legal in Florida?
Yes, but only on three days per year — and Florida's fireworks history is stranger than most states. Consumer fireworks, including aerial devices like Roman candles, bottle rockets, and sky rockets, are legal to use on July 4th, December 31st, and January 1st. On every other day, those same items are technically restricted to agricultural use only, which is how Florida handled fireworks for decades through a widely used loophole.
How It Works
In 2020, Governor DeSantis signed SB 140, creating Florida Statute 791.08, which established "designated holidays" when consumers can freely use fireworks without any permit or agricultural justification. Before this law, the only way to legally buy aerial fireworks in Florida was to sign a waiver claiming you needed them to scare birds from crops or protect fish hatcheries. Retailers still use that agricultural waiver for purchases made outside the three holidays, but using those fireworks recreationally on non-designated days remains illegal.
What You Can Buy
Florida allows the sale of all consumer fireworks classified as 1.4G (Class C) devices, including firecrackers, Roman candles, bottle rockets, sky rockets, fountains, aerial shells, repeater cakes, and sparklers. The items must be sold by a retailer licensed through the Florida Division of State Fire Marshal.
Sparklers, party poppers, snappers, glow worms, smoke devices, and other novelty items are exempt from the fireworks statute entirely and can be purchased and used year-round with no restrictions.
Seasonal Sales Periods
Licensed seasonal retailers can sell fireworks during two windows:
- June 20 through July 5
- December 10 through January 2
Year-round licensed retailers may sell at any time, but the agricultural waiver requirement applies to purchases outside the holiday windows.
Age Restriction
You must be at least 18 years old to purchase fireworks in Florida. No exceptions.
Where You Cannot Use Them
Even on designated holidays, fireworks must be used on private property with the owner's permission. Public parks, beaches, streets, and other public spaces generally do not allow personal fireworks unless a special event permit has been issued. You should also keep distance from schools, hospitals, and dry or wooded areas, particularly during Florida's summer dry season.
Local Ordinances Still Apply
The 2020 law specifically states it does not override local ordinances that were in place before the law passed. Pinellas County, for instance, bans aerial fireworks even on designated holidays. Your HOA may have its own restrictions as well. Always check your county and municipal rules before assuming the state law gives you full freedom.
Penalties
Selling fireworks without a license is a first-degree misdemeanor punishable by up to one year in jail and $1,000 in fines. Florida's code does not include a specific penalty for individuals using fireworks unlawfully on non-designated days, but you can be charged under local noise ordinances, public nuisance statutes, or face liability for any damage or injuries caused. Law enforcement can seize illegal fireworks, and the owner pays for seizure and storage costs.
Where to Buy
Florida has fireworks shops and tents everywhere, particularly along I-95, I-75, US-27, and US-19 corridors. Large year-round retailers operate in most counties. The beach and tourist areas see heavy seasonal retail around the Fourth of July. Phantom Fireworks, TNT, and numerous independent shops have permanent locations throughout the state.
Local tip: That agricultural waiver you sign at the register does not actually protect you from prosecution if you set off fireworks on a random Tuesday in August. It protects the retailer. Your legal cover is limited to the three designated holidays — July 4th, December 31st, and January 1st. If your county had a fireworks ban before 2020, it may still be in effect.