Amendment would allow legal use of fireworks

Although most fireworks shows in Sarasota County were canceled this year because of COVID-19, residents might soon be able to have shows in their backyards.

Commissioners on Nov. 18 will hold a public hearing on an amendment to the county’s fireworks ordinance that would allow residents to use fireworks on three days in the year.

In April, Gov. Ron DeSantis signed a law that stated Florida residents over the age of 18 can legally use fireworks on July 4, New Year’s Eve and New Year’s Day. Before the bill was signed, it was illegal for Florida residents to light fireworks any day of the year.

However, the Florida law does not supersede local law.

Sarasota County’s current ordinance states it is unlawful for any person, firm or corporation to set off fireworks within the county without a permit. Exemptions apply for agricultural uses, and sparklers are allowed.

After seeing residents light their own fireworks on July 4 after many displays throughout the county were canceled, Commissioner Christian Ziegler on July 7 began discussions for commissioners to update the county’s ordinance to match Florida law.

“I’ve never seen such a display throughout our community before,” Ziegler said. “I think it makes sense to follow the state’s lead on this.”

Commissioner Nancy Detert supported an amendment, stating when she served on the Florida Legislature, she supported a similar bill, which she called the “anti-lying bill.”

“You’d go to buy fireworks, and you’d have to sign something saying, ‘I’m using this for my farm to scare birds away,’” Detert said. “So who are we kidding with this? It’s Fourth of July.”

Although she was in support of an amendment, she said some provisions might need to be added to ensure safe use.

Ziegler said the Florida law already has provisions for using fireworks in a drought, but the county could consider adding provisions for where residents are allowed to light the fireworks and at what time they should stop. Ziegler proposed 1 a.m. as a stopping point.

“I know that seems late, but on New Year’s people will likely light them off at midnight, so I think 1 a.m. is a good stopping point,” Ziegler said.

Staff completed research for the amendment on July 30 and found no issues with the proposed amendment. In August, the commission then authorized staff to work with the county attorney to draft a revised ordinance. 

Ziegler said approving the ordinance would better help the county regulate the safety of firework usage. 

“People are already engaging in this,” Ziegler said. “I don’t think anyone’s really following the ordinance as it’s written now.”

Commissioners will now hold a hearing on Nov. 18 to gauge public opinion on the ordinance before formally voting to change it.