Are Fireworks Legal in Miami?

On the Fourth of July, millions of Americans celebrate Independence Day in the form of hosting barbeques and pool parties, going to a beach or lake, and setting off fireworks. If you’re planning on using fireworks in Miami, you first need to understand the fireworks laws in Florida.

Essentially, only fireworks that fall into the “sparklers” category are legal to use. The Florida Fire Marshall posts a complete list of legal sparkers annually, if you’re not sure whether your fireworks are approved for use.

Common types of legal sparklers include:

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

By contrast, anything that shoots in the air, emits sparks, or explodes is considered illegal—unless they are used by organizations and other groups that obtain permits for public demonstrations. That means rockets, skyrockets, mortars, firecrackers, m80s, cherry bombs, and sparklers larger than ten inches in length or one-quarter in diameter.

Although such fireworks are illegal, they are still available for purchase at stores and roadside stands. There is an exception in the law that enables retailers to sell fireworks for agriculture purposes to scare birds in farms and fish hatcheries, and consumers can sign a waiver to use fireworks for that specific reason. Since consumers around the Fourth of July aren’t using them for agriculture purposes, they are breaking the law.

Possession or use of illegal fireworks is a misdemeanor offense, which is punishable by a maximum $1,000 fine and a jail sentence of up to one year.

To avoid being charged with a crime on Independence Day, our legal team at Hager & Schwartz, P.A. advises you to watch a professional show, rather than use fireworks at home. We wish you and your family a happy and safe Fourth of July.

If you have been arrested for a crime in Miami, contact usat (305) 330-1360 and schedule a free consultation today.

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