- July 21, 2026
Dear Editor:
Continuing the time honored tradition of the Flagler County Sheriff's Office never citing illegal fireworks lawbreakers, there were 48 complaint calls received by them over the July 4th weekend with again not a single citation or arrest.
(See the Editor's Note below for FCSO's response.)
It’s safe to assume that the equally time honored response from the sheriff is that they are unable to witness the lighting of the fireworks, a legal requirement to make a misdemeanor charge stick. Over the many years of lack of enforcement with many hundreds of complaints, the credibility of that excuse is running thin.
It’s getting more and more likely that there is little interest in enforcing our local ordinance given the sheriff's commendable track record of catching the bad guys. Maybe the crime isn’t sexy enough, not felonious enough or maybe he simply doesn’t care. A portion of his budget includes ordinance enforcement and he doesn’t get to pick and choose what laws he enforces and those he doesn’t. That’s selective enforcement and that's not how law enforcement should work.
It’s way past time to exert more enforcement effort, employ the fine tactical law enforcement the sheriff is good at and pay attention to the masses in Palm Coast that are fed up.
Pat Rhodes
Palm Coast
Editor's Note: The FCSO shared the following response:
State law dictates law enforcement response
Every year during the holiday season, some residents choose to celebrate with fireworks. While many enjoy these festivities, others find the noise disruptive or concerning. Because of this, questions often arise about what the Sheriff’s Office can and cannot do to enforce fireworks rules in Palm Coast.
The City of Palm Coast limits the use of fireworks year-round within city limits. Unless someone has a special permit, setting off fireworks is not allowed. Violating this ordinance can result in a misdemeanor charge.
Under Florida law, fireworks violations are classified as a first-degree misdemeanor. For deputies to make an arrest or issue a citation for a misdemeanor, the law requires the violation happen in the deputy’s presence. This rule is set by Florida Statute § 901.15, which only allows warrantless misdemeanor arrests when the offense is committed in front of the deputy and the arrest is made immediately. There is no special exception in state law which allows deputies to make arrests or issue citations for fireworks violations unless they witness the offense themselves.
If a deputy does not personally see someone setting off illegal fireworks, they cannot arrest or cite the individual. However, deputies can act if a witness is willing to sign a sworn statement and testify in court. In those cases, the deputy will take a report and submit a charging affidavit to the State Attorney’s Office, which will decide whether to file charges.
If you believe fireworks laws or enforcement procedures should be strengthened, the best pathway is to contact your state and local elected officials. They have the authority to change the laws that determine how deputies may respond.
Until state law is updated, our deputies are legally limited in how they can address these quality-of-life concerns. We remain committed to doing everything allowed under the law to support and protect our community.
— Joe Barile, Chief Deputy
