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Changes Would Reduce Fireworks Misuse But Not Pull Fuse On Fun

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The Tampa Tribune

Published: January 28, 2008

Purchasing fireworks that are supposed to be illegal in Florida is as easy as flicking a lighter. Just sign a form stating you're using them for agricultural or aquicultural purposes, and you can light the fuse on all kinds of explosives.

Vendors don't even have to verify whether you're telling the truth.

The law is a farce.

But a group created by the Florida Legislature last year to study the issue is recommending some much-needed reforms that, if approved and enforced, would make fireworks use safer and less of a nuisance to residents who fear the usual holiday bombardments.

The biggest change proposed by the Florida Consumer Fireworks Task Force, which spent the last four months seeking comments from throughout the state, would legalize several types of exploding fireworks for use by residents with limits on combustible materials.

In addition, certain types of devices that fly could be used for private enjoyment as well, which would be a first. These include "sky rockets," "missile-type" rockets and "Roman Candles."

Bottle rockets, aerial spinners and a couple of other aerial devices would not be allowed.

If accepted by the Legislature, the law would mark a dramatic policy shift, considering the loophole-ridden current law, which technically only allows sparkler-type devices to be sold to the public but in reality permits access to all sorts of powerful fireworks.

The task force suggests several important restrictions and regulations - including fines for violations by purchasers and sellers, and limitations on use - that should address the concerns of those who believe legalizing fireworks could lead to even more abuse.

It's sound strategy. People are going to find a way to purchase fireworks and use them, and the state needs to implement enforceable restrictions to guard the public's safety and peace of mind.

The task force's proposals include limiting the use of exploding ground and aerial devices to two times a year: July 1-5 between noon and 11 p.m., and from 5 p.m. Dec. 31 until 1 a.m. Jan. 1. Counties and communities would be free to include other holiday periods.

Yearly restrictions make sense. Law enforcement and other officials have more important things to do than respond to fireworks-related complaints year-round, and residents shouldn't have to put up with constant barrages, especially throughout the night.

The task force also proposes only allowing people age 18 or over to purchase and use exploding fireworks. This is appropriate considering the potential danger of the devices.

And an individual would have to get a license from the state Fire Marshal's Office to shoot aerial devices. The process would include a mandatory safety training program for applicants - an initiative that should prevent injuries and save lives.

In addition, the group proposes limiting fireworks use to select areas in communities away from neighborhoods, another sensible move considering the effects the explosions can have on humans and pets.

Each county would have at least one designated fireworks area for the general public, to be determined by public officials. This sounds like a good idea, but it could be could be problematic depending upon the number of people who flock there with fireworks.

Having enough law enforcement or fire officials on hand to monitor the activities, as the task force recommends, would be essential for the approach to work.

If the group's recommendations are followed, the exemptions for agriculture and aquaculture wouldn't be so easily abused. People claiming the exemptions would have to show proof that their land is used for those purposes. The Legislature should have required that years ago.

Changes to state law aside, counties and municipalities should be able to craft tougher regulations to address their specific circumstances. The proposed state law should be a baseline. The task force understands this, and the Legislature shouldn't, as it often does, try to usurp local control.

"If laws are passed in the context of the way we wrote them and if they're enforced, then it's going to be safer than people going in with the exceptions that are out there and misusing them," says task force chairman Michael Long, the state's director of the Division of Forestry.

That's what the Legislature needs to keep in mind when debating the recommendations. Enforcing the proposed provisions will take work, but the state's fireworks laws now are useless.

The task force's proposals should better protect the public without dousing holiday fun.

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