Fla. Stat. 791.08
Use during designated holidays; exemption

Mentioned in

Homeowners’ Associations Restricted From Regulating Fireworks on Fourth of July

Marshalldennehey, June 30, 2021

"Presented by the Florida Professional Liability Practice Group Homeowners’ Associations Restricted From Regulating Fireworks on Fourth of July June 30, 2021 By Holly M. Hamilton By Holly M."
 
Bibliographic info

(1)

As used in this section, the term “designated holiday” means:New Year’s Day, January 1;Independence Day, July 4; orNew Year’s Eve, December 31.

(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.

Source: Section 791.08 — Use during designated holidays; exemption, https://www.­flsenate.­gov/Laws/Statutes/2024/0791.­08 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 791.08. Use during designated holidays; exemption's source at flsenate​.gov