As we welcomed the New Year just a few weeks ago, there’s a large possibility that you attended a party or event where there were fireworks present or to be heard in the distance. Setting off fireworks is a holiday tradition that is typically done during Independence Day, New Year’s Eve, New Year’s Day, and sometimes even on Memorial Day.
What’s the Current Florida Law Concerning Fireworks?
Even though fireworks signify a celebration, did you know they are actually illegal in the state of Florida? According to current Florida law, sparklers are the only approved item that is legal for at home consumer use by the Florida Division of State Fire Marshal. All other fireworks including shells and mortars, multiple tube devices, Roman candles, rockets and firecrackers are illegal.
Of course, like with many laws, there’s a loophole to this that states fireworks are allowed if they are being used to scare birds away from farms and fish hatcheries. This stipulation has led to years of fraud by consumers who claim the fireworks they are purchasing for holiday usage is to scare away birds. Fortunately, this isn’t a law that has been strictly adhered to.
How Would Florida’s Fireworks Law Change?
A new law is in the works that will allow the use of fireworks on specific days of the year like including Independence Day, New Year’s Eve, and New Year’s Day. Memorial Day will likely not make the bill, as Florida’s dry season and the possibilities of fires is a fear. As of this moment this bill was unanimously approved by the Senate Rules Committee and is on its way to the full Senate. There’s another House bill in the works regarding the same thing. If approved, the bill would become a law immediately if signed by Governor Rick DeSantis – maybe even in time for Independence Day.
According to NBC6 South Florida, Republican Senator Travis Hutson, who is sponsoring the bill says, “I believe Floridians should be able to enjoy their holidays and not be confused or discouraged by our fireworks laws.”
If you or a loved one find themselves as one of the unlucky ones who have gotten in trouble for the use of fireworks before this new law is passed, consider contacting Russell Spatz. He’s an experienced criminal defense attorney with decades of experience in Florida’s legal system. Call him today at 305-442-0200.
Farrington, Brendan. “Florida Could Change Fireworks Law That’s Now for the Birds.” NBC 6 South Florida, NBC 6 South Florida, 15 Jan. 2020, www.nbcmiami.com/news/local/florida-could-change-fireworks-law-thats-now-for-the-birds/2177403/.
Statutes & Constitution :View Statutes : Online Sunshine, 15 Jan. 2020, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0791/0791.html.