Chapter 791 — Chapter 791
13 sections in this chapter.
Fla. Stat. § 791.001 Application and enforcement
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This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state.
Fla. Stat. § 791.01 Definitions
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As used in this chapter, the term:(1) “Distributor” means any person engaged in the business of selling sparklers to a wholesaler.(2) “Division” means the Division of the State Fire Marshal of the Department of Financial Services.(3) “Explosive compound” means any chemical compou…
Fla. Stat. § 791.012 Minimum fireworks safety standards
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The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 2018 Edition. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor d…
Fla. Stat. § 791.013 Testing and approval of sparklers; penalties
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(1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following …
Fla. Stat. § 791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers
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(1) REGISTRATION REQUIREMENTS.—Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on form…
Fla. Stat. § 791.02 Sale of fireworks regulated; rules and regulations
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(1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules an…
Fla. Stat. § 791.03 Bond of licensees
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The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or to property by reason of the licensee’s d…
Fla. Stat. § 791.04 Sale at wholesale, etc., exempted
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Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at whole…
Fla. Stat. § 791.05 Seizure of illegal fireworks
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Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter.
Fla. Stat. § 791.055 Restrictions upon storage of sparklers
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(1) Sparklers shall not be stored or kept for sale in any store:(a) In which paints, oils, or varnishes are manufactured or kept for use or sale unless the paints, oils, or varnishes are in unbroken containers.(b) In which resin, turpentine, gasoline, or flammable substances or s…
Fla. Stat. § 791.06 Penalties
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Any firm, copartnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in the case of individuals, the members of a partnership and the responsible officers and agents of an a…
Fla. Stat. § 791.07 Agricultural and fish hatchery use
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Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Departmen…
Fla. Stat. § 791.08 Use during designated holidays; exemption
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(1) As used in this section, the term “designated holiday” means:(a) New Year’s Day, January 1;(b) Independence Day, July 4; or(c) New Year’s Eve, December 31.(2) This chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday. This section …