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Fireworks in Florida: What's legal, what's not

You’ll probably hear them and see them in your neighborhood, but recreational exploding fireworks are illegal in Florida.

It’s perfectly legal to sell and buy those same fireworks.

That’s why you’ll see them on store shelves and roadside stands throughout the state.

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Everyone who buys them at Phantom Fireworks in St. Augustine has to sign a form that says they will comply with Florida’s law.

“We’re stocking up on some little Fourth of July activities,” said father of four Rick Johnston as he loaded box after box of fireworks into his car.

Johnston spent more than $400 on fireworks.

“We got some missiles, got some mortars, got some bottle rockets,” said Johnston.

Photos: What's legal, what's not when it comes to fireworks in Florida

“The mortars are my favorite,” said his 12-year-old son, Owen Johnston. “Because they’re just so big and cool.”

They’re totally legal to buy and totally illegal to set off recreationally.

“If it leaves the ground, if it flies, explodes – definitely – and, really, spins, if it does any of those things, it’s probably illegal,” said Jacksonville Beach police Sgt. Tommy Crumley.

A loophole in Florida law allows people to buy them anyway if they’re going to be used for “frightening birds from agricultural works and fish hatcheries.”

“They sign a liability form. It just states that they are going to be responsible for anything that happens with the fireworks after they leave the store,” said Candice Raulerson, who manages the Phantom Fireworks store in St. Augustine.

Police can confiscate illegal fireworks if they see someone shooting them off.

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If you’re going to take those fireworks to a state where it is legal to set them off, Raulerson said this is the safest way to do it.

“Safety-wise, we recommend a hard, flat surface. Always have a hose nearby. A bucket of water is always good too,” Raulerson said. “At least 75-100 feet away from any housing or your crowd.”

So what is legal for your family to light up? Sparklers, snakes, fountains, party poppers -- pretty much anything that doesn’t explode.

“I’m just looking for stuff to blow up tonight,” said father Keith Dobson.

Dobson tries to balance safety with July 4th fun for his daughters.

“Of course, they’ll play with the sparklers and other things like that. But for the most part, it’s just the adults. The kids stay up toward the garage and the adults are in the street blowing things up,” Dobson said.

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Last year, Alachua County father Darren Lotow died after a mortar-style firework he set off in his yard malfunctioned.

That was an extreme case, but Crumley said even sparklers can heat up to 1,200 degrees.

“Although they’re not illegal, they’re still really dangerous. So each year we always have small children hurt and, unfortunately, sometimes people setting stuff off on the beach actually causes injuries because of how close and tight everybody is out on the beach,” Crumley said.

Raulerson said “Morning Glory” sparklers are safer for kids to hold onto. She said the wood and tissue paper wrapping prevent the sparkler from heating up as much as traditional metal ones.