(1) As used in this section, the term “designated holiday” means:
(a) New Year’s Day, January 1;
(b) Independence Day, July 4; or
(c) New Year’s Eve, December 31.
(2) This chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday. This section is not intended to provide for the comprehensive regulation of fireworks as described in s. 10(5), chapter 2007-67, Laws of Florida, or to supersede any local governmental regulation relating to the use of fireworks as provided in s. 10(5), chapter 2007-67, Laws of Florida.
(3) The Legislature does not intend for the application of this section to supersede any prohibition against the use of fireworks contained within a legally executed and properly recorded declaration of covenants or covenant running with the land of any homeowners’ association pursuant to chapter 720. However, a homeowners’ association, through a board of directors, may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during a designated holiday or under general law.
History.—s. 1, ch. 2020-11.
Structure Florida Statutes
Chapter 791 - Sale of Fireworks
791.001 - Application and Enforcement.
791.012 - Minimum Fireworks Safety Standards.
791.013 - Testing and Approval of Sparklers; Penalties.
791.015 - Registration of Manufacturers, Distributors, Wholesalers, and Retailers of Sparklers.
791.02 - Sale of Fireworks Regulated; Rules and Regulations.
791.04 - Sale at Wholesale, etc., Exempted.
791.05 - Seizure of Illegal Fireworks.
791.055 - Restrictions Upon Storage of Sparklers.