Fireworks on New Year's Eve: What's legal and not legal in Florida?

As the countdown to 2026 begins, several cities and towns will celebrate the New Year with professional firework shows. There are also several tents in grocery store parking lots selling smaller, consumer-grade fireworks, like sparklers, fountains, and Roman candles.

What's legal and not legal when it comes to fireworks? Did you know some fireworks are only allowed on three holidays each year, while smaller novelties are allowed year-round?

Here's what you need to know: 

How are fireworks defined by Florida law?

According to Florida Statute 791: "Fireworks" means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.'"

That does not include smaller novelty fireworks, like sparklers, snake or glow worms, trick noisemakers, party poppers, snappers, or smoke bombs, or fireworks similar to fountains or showers.

Fireworks are OK on these three holidays in Florida:

- New Year's Eve

- New Year's Day

- Independence Day, July 4

All other times – any firework that lifts off the ground, goes into the air and explodes is considered to be illegal use.

Fireworks restrictions can be stricter at the local level

Local city and counties can – and often have – passed rules restricting where fireworks are allowed and not allowed, such as prohibiting their use on public beaches. Make sure to check the rules with your local government. If there is a burn ban issued, that also would prevent fireworks use.

Fireworks not allowed on Volusia County beaches

Volusia County does not allow fireworks on its beaches unless it is part of an authorized, professional display. "Unauthorized fireworks on the beach may create safety and environmental concerns. Fireworks can pose risks to beachgoers, spark fires, and leave debris buried in the sand, creating hazards for both people and marine life."

Florida burn bans: county-by-county

- Baker

- Bradford

- Charlotte

- Citrus

- DeSoto

- Glades

- Hardee

- Highlands

- Lafayette

- Manatee

- Polk

- Sarasota

- Union

Safety and fireworks

More than 14,000 people had to visit hospital emergency rooms for firework-related injuries in 2024 – most of them burn injuries, according to the U.S. Consumer Product Safety Commission. Eleven people were killed, CPSC reports.

Here are some tips to remember:

- Never let children play with or ignite fireworks, including sparklers

- Check local laws to know what type of fireworks are legal and not legal

- Keep a bucket of water or a garden hose nearby 

- Light fireworks one at a time and move away quickly

- Never try to reignite a firework that does not fully light

- Never use fireworks while impaired by alcohol or drugs

- Follow the instructions on the fireworks packaging 

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