The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

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F.S. 791.02

791.02 Sale of fireworks regulated; rules and regulations.—

(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 and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location.

History.—s. 2, ch. 20445, 1941; s. 1, ch. 61-312; s. 4, ch. 87-118; s. 1223, ch. 97-102.

F.S. 791.02 on Google Scholar

F.S. 791.02 on Casetext

Amendments to 791.02

Arrestable Offenses / Crimes under Fla. Stat. 791.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

S791.02 1 - HEALTH-SAFETY - VIOLATE FIREWORKS SALE OR USE REGULATIONS - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

MADRIGAL, v. ALLSTATE INSURANCE COMPANY,, 215 F. Supp. 3d 870 (C.D. Cal. 2016)

. . . personal information” about a policyholder without the policyholder’s written consent, and that section 791.02 . . . Code §§ 791.02(s) & 791.13 and citing Griffi[th] v. State Farm Mut. Auto. Ins. . . .

JOHANSEN, v. AMERICAN GENERAL LIFE INSURANCE COMPANY,, 585 F. App'x 436 (9th Cir. 2014)

. . . . § 791.02(a)(1) (defining “adverse underwriting decision” to include “termination” or “declination” . . . of coverage); id. § 791.02(x) (defining “termination” as the cancellation or non-renewal of a policy . . .

PHANTOM OF BREVARD, INC. v. BREVARD COUNTY, v., 3 So. 3d 309 (Fla. 2008)

. . . .” § 791.02(2), Fla. Stat. . . . Significantly, section 791.02(1) prohibits the use and sale of items that fall within the definition . . . See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat. . . . . § 791.02(1), Fla. Stat. . . .

PHANTOM OF BREVARD, INC. v. BREVARD COUNTY,, 966 So. 2d 423 (Fla. Dist. Ct. App. 2007)

. . . . § 791.02, Fla. Stat. (2006). . . .

DISCOUNT FIREWORKS OF CENTRAL FLORIDA, INC. v. SARASOTA COUNTY, F., 922 So. 2d 433 (Fla. Dist. Ct. App. 2006)

. . . Section 791.02(1), Florida Statutes (2004), prohibits all fireworks sales except as otherwise allowed . . . shows, sporting events, military use, and agricultural or aquacultural use in frightening birds. §§ 791.02 . . .

PHANTOM OF CLEARWATER, INC. d b a v. PINELLAS COUNTY,, 894 So. 2d 1011 (Fla. Dist. Ct. App. 2005)

. . . See § 791.02(2), Fla. Stat. (2003). . . . See § 791.02. This general prohibition is subject to several seemingly narrow exceptions. . . . See § 791.02. . . . That subsection states: “Except as provided in Sections' 791.02, 791.04, or 791.07, Florida Statutes . . . As the parties to this appeal all agree, section 791.02 does not contain the word “knowing.’' . . .

STATE v. MIKETA,, 824 So. 2d 970 (Fla. Dist. Ct. App. 2002)

. . . John Miketa with the illegal sale of fireworks to an undercover detective, in violation of section 791.02 . . . confirming that Detective Ramirez had executed the Certificate and was exempt from the provisions of 791.02 . . .

AGOSTINO v. STATE OF FLORIDA, 21 Fla. Supp. 2d 154 (Fla. Cir. Ct. 1985)

. . . convicted upon nonjury trial of selling fireworks, a misdemeanor, in violation of Florida Statute Section 791.02 . . .

SCULLOCK, v. STATE, 377 So. 2d 682 (Fla. 1979)

. . . “offer” to sell obscene materials, section 847.014(2)(b)(2); to “offer” to sell fireworks, section 791.02 . . .

J. KANE, v. STATE, 358 So. 2d 53 (Fla. Dist. Ct. App. 1978)

. . . Section 791.02, Florida Statutes (1975). . . .