Non-permitted fireworks are illegal

Fernandina Beach Police Department
James T. Hurley
Chief of Police
July 1, 2019 1:00 a.m.

As the Fourth of July holiday approaches once again many folks have been expressing concern about the annual ritual of backyard (non-permitted) fireworks displays. Suffice to say, if you are planning a holiday fireworks show, you might want to brush up on Florida’s current fireworks laws. The bottom line is that just because you see it in a store or at a roadside stand doesn’t mean that it is legal to purchase, possess or use!

The only fireworks legal for use by consumers who don’t possess a special permit are those that fall into the category known as “sparklers.” This includes items commonly known as sparklers, fountains, snakes and glow worms. If you’re not sure whether a particular firework is approved for consumer use, the Florida State Fire Marshal publishes a full list of legal sparklers each year. Essentially, if it shoots into the sky and goes boom, it isn’t legal.

Stores and roadside stands that sell illegal fireworks are exploiting a loophole that allows them to sell the fireworks for legal, approved uses. When you buy them for your backyard fireworks show, you are breaking the law. And yes, even Roman Candles are illegal in Florida.

If you try to purchase fireworks (other than sparklers), many stores and roadside stands will ask you to sign a waiver form. If you read this form carefully, you will notice that you’re stating that you intend to use the fireworks for an approved agricultural purpose, such as on your farm or fish hatchery to scare off birds. This waiver lets the store off the hook. If you’re lying to them, that’s your problem, not theirs, in the eyes of the law. The wavier protects the store, not you.

It’s true that lots of people set off illegal fireworks in Florida. Lots of people also speed, jaywalk and break any number of other laws. You will be gambling that you won’t be the person who gets caught and cited.
If you do decide to explode illegal fireworks, keep in mind that you may be seriously injured or you may injure an innocent bystander or child. In Florida, possession or use of illegal fireworks is classified as a misdemeanor. If you violate this law, you can be arrested. If you are found guilty you can be fined up to $1,000 and sentenced to up to a year in jail. In the past the state legislature has heard arguments focused on addressing the agricultural loophole provision, and has considered effectively eliminating the roadside sale of illegal fireworks loophole, although no action has been taken to date. Perhaps you believe that fireworks should be legal in Florida, in which case you should consider contacting your state representative to reverse current laws.
Meanwhile, because of the increasing number of complaints, the potential for serious injury and property damage, and the time and cost of cleaning up, the Fernandina Beach Police Department has been tasked with addressing this problem. Please do everyone a favor and limit your fireworks viewing to one of the permitted displays already being planned for the area.