Are Fireworks Legal in Daytona Beach?

Daytona Beach residents and visitors alike will celebrate Independence Day at barbeques, pool parties, picnics, and beach trips. In addition, fireworks are often involved—whether they are being set off during a big show or in a person’s backyard.

If you are planning on purchasing and using fireworks for personal use, you must first understand the fireworks laws in Florida. The most important thing to know is that only fireworks categorized as “sparklers” are legal and do not require a special permit to buy and use.

The following are several types of legal sparklers you can use in Daytona Beach:

  • Sparklers
  • Fountains
  • Glow worms
  • Snakes
  • Snaps
  • Smoke bombs

On the other hand, fireworks that explode, fly in the air, or emit sparks are illegal—except for use by permitted groups or organizations for public demonstrations. Common examples of illegal fireworks include Roman candles, mortars, skyrockets, torpedoes, firecrackers, and large sparklers.

However, you can still buy illegal fireworks from stores and fireworks stands because there is an exception in Florida law that allows such fireworks for agriculture purposes—specifically to scare off birds. Retailers will present consumers with a waiver, stating that the fireworks can only be used for that exemption.

As soon as you sign the waiver, the store is off the hook for ensuring their products are being used for their contractual purposes. But since consumers who buy these fireworks around the Fourth of July are not using them for agricultural purposes, they could be subject to arrest.

Possession or use of illegal fireworks is a misdemeanor, which results in a jail term of up to one year and fine not exceeding $1,000.

At Hager & Schwartz, P.A., we advise you and your family to go see a public firework show, rather than setting off fireworks in public or at your home. Our legal team wishes everyone a safe and fun Fourth of July.

If you have been arrested for a crime in Daytona Beach, contact us at (386) 693-1637 and schedule a free consultation today.

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