Florida Fireworks Law Can Affect Your Holiday Celebrations
Because of Florida’s sunny weather in months where northern climates are snowed in, fireworks are a more common part of holiday celebrations than they might be in other locales. The December holidays are no exception – particularly New Year’s Eve, when every municipality has their own fireworks show. That said, if you live in a community association, it is important to be aware of both state law and your association’s governing documents; there are regulations on how and when an individual can use fireworks.
The Law Is Specific
Historically, Florida’s attitude toward firework use was extremely prohibitive, citing the risk of accidents and injuries. Over time, the legislature has eased these restrictions somewhat, but is quite explicit about what the relevant law is intended to do and not do – namely, declare the right to use fireworks on certain holidays, but to not step on the proverbial toes of a community association trying to regulate the behavior of its residents.
The relevant statute does not explicitly permit firework usage on certain ‘designated’ holidays (New Year’s Eve, New Year’s Day, and Independence Day). Rather, it allows their use on those days, but with two main caveats: 1) the law clearly states that it is not meant to “provide for the comprehensive regulation” of fireworks, merely to comment on this specific situation; and (2) the law is not meant to overturn or supersede any previously existing ban on fireworks contained in the community association’s governing documents – but an HOA may not simply pass one after the fact.
What Does This Mean For Me?
What this all means for a community association and its board is complex. The crux of the matter is that under Florida law, people are not to be prevented from using fireworks on New Year’s Eve, New Year’s Day, or Independence Day. In reality, this can become a problem because the statute also says it does not intend to trump properly recorded governing documents. In addition, many homeowners’ associations have what are known as nuisance clauses, which may preclude the use of fireworks at all.
With so much ambiguity as to what the correct answer is for your association, consulting an experienced attorney is generally a good idea. While state law generally controls questions such as these, it can be difficult to determine what to do when the law is so careful to not step on the proverbial toes of associations and their governing documents. Your association may face legal action if it tries to regulate a behavior or action that they do not have the right to regulate.
Contact A Tampa Community Association Attorney
Fireworks can put the proverbial cherry on top of a holiday, but if their use is not properly overseen, the risk may not be worth the reward. A Tampa community association attorney from the Seward Law Office can help clear up any questions you or your board may have about firework use. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0791/Sections/0791.08.html
