Business Law 101 / SALE OF FIREWORKS

By Albert Kelley

In two and a half months the new year will be here.   With the wishes of things to come will also be a celebration that will include champagne bottles popping, couples kissing and fireworks shooting into the air.  But not all of the fireworks will be legal. Florida has specific laws regarding the sale of fireworks.

What is a firework?  The statutes define it broadly as any combustible or explosive composition or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation.  It dos not however include sparklers, paper caps, or certain noisemakers or novelties such as snakes or glow worms, smoke bombs, party poppers, snappers, trick matches, trick cigarettes, and burglar alarms that create smoke.

It is a violation for any person or entity to sell or even offer for sale any firework.  While the statute is titled the “Sale of fireworks regulated”, it does more than regulate the sale of fireworks.  It also makes it illegal to use or explode fireworks. Technically, even the big firework shows such as the one put on by the City of Key West, are in violation of the state statute. However, the statute allows local governments to make allowances for public displays (These public displays must be operated by someone approved by the chief of police and the fire department and operated in a manner so as not to be hazardous to property or people). 

When it comes to sparklers, because they are exempt from the definition of fireworks, they should be exempt from this restriction. However, the statute addresses these as well.  Under the statute a retailer can only sell a sparkler if they obtain it from a wholesaler, distributor or manufacturer who is licensed with the Division of the State Fire Marshal of the Department of Financial Services.

If a law enforcement officer finds someone, including retail stores in possession of illegal fireworks, they are not only authorized, but required to seize all such fireworks at the owner’s expense. 

A violation of this statute is deemed a first-degree misdemeanor.

Interestingly, there is a major exemption to all of the above.  Nothing in this chapter shall apply if the fireworks are being sold ONLY for the purpose of scaring birds away from agricultural works and fish hatcheries.  

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]