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F.S. 791.001 on Google Scholar

F.S. 791.001 on Casetext

Amendments to 791.001


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 791
SALE OF FIREWORKS
View Entire Chapter
F.S. 791.001 Florida Statutes and Case Law
791.001 Application and enforcement.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.
History.s. 6, ch. 87-118.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 791.001 on Google Scholar

F.S. 791.001 on Casetext

Amendments to 791.001


Arrestable Offenses / Crimes under Fla. Stat. 791.001
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 791.001.


Civil Citations / Citable Offenses under S791.001
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 791.001.


Annotations, Discussions, Cases:

  1. Phantom Fireworks relies primarily on the language of section 791.001 to argue that the statute expressly preempts local ordinances. As quoted earlier, that section states:
    PAGE 1018
  2. Ben v. Texas Political Subdiv

    212 S.W.3d 320 (Tex. 2006)   Cited 226 times
    The Texas Interlocal Cooperation Act (the "Act") allows political subdivisions to contract with one another to more efficiently share resources and responsibilities. TEX. GOV'T CODE §§ 791.001-.033 ("The purpose of this chapter is to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state."). Id. § 791.001. Under the Act, a local government may contract with another local government to perform authorized governmental functions and services. Id. § 791.011 Local governments under the Act include municipalities, special districts, counties, and other political subdivisions, as well as combinations of such entities. Id. § 791.003(4).
    PAGE 322
  3. Phantom of Brevard, Inc. v. Brevard County

    3 So. 3d 309 (Fla. 2009)   Cited 23 times
    Chapter 791, entitled "Sale of Fireworks," is a relatively short chapter. It begins with section 791.001, which provides:
    PAGE 312
  4. MRSW urges that chapter 791 of the Government Code does not apply because its purpose is limited to “increas[ing] the efficiency and effectiveness of local governments.” SeeTex. Gov't Code § 791.001. MRSW argues that NCTCOG's challenged actions did not “increase the efficiency and effectiveness of local governments” and that section 791.025 “cannot be read to include the use of a local government, including a council of governments, as a mere purchasing agent for the State, where no local government or council received any benefit.” Section 791.001, however, expressly authorizes local governments like NCTCOG “to contract, to the greatest possible extent ... with agencies of the state.” See id. We decline to interpret section 791.001 to preclude section 791.025's application here. See Parker, 249 S.W.3d at 396.
    PAGE 369
  5. Phantom v. Brevard

    966 So. 2d 423 (Fla. Dist. Ct. App. 2007)   Cited 3 times
    § 791.001, Fla. Stat. (2006).
  6. To answer this question, we first determine whether TML is a governmental entity. The Texas Legislature has expressly authorized groups of political subdivisions to enter into interlocal agreements to establish risk pools to provide health benefits coverage for their officials and employees. TEX. LOC. GOV'T CODE ANN. § 172.004(a); see also TEX. GOV'T CODE ANN. §§ 791.001, 791.011, 2259.031(a). Under the Texas Interlocal Cooperation Act, those political subdivisions are empowered to contract with one another through interlocal agreements to pool their resources and collectively self-insure against insurable risks and hazards. See TEX. GOV'T CODE ANN. §§ 791.001, 791.011. TML is such a pool; it has over 900 members from more than forty different types of political subdivisions, all participating in the risk pool to provide self-insured health coverage for their officials, employees, and other relevant persons. See TML Intergovernmental Emp. Benefits Pool v. Prudential Ins. Co. of Am., 144 S.W.3d 600, 603 (Tex. App.—Austin 2004, pet. denied) ("The Pool was created to provide health benefits coverage to employees of political subdivisions.").
    PAGE 5
  7. Phantom of Brevard v. Brevard County

    No. SC07-2200 (Fla. Dec. 23, 2008)
    Chapter 791, entitled "Sale of Fireworks," is a relatively short chapter. It begins with section 791.001, which provides:
    PAGE 6
  8. Opinion No. GA-0029

    Opinion No. GA-0029 (Ops. Tex. Atty. Gen. Mar. 6, 2003)
    Chapter 791, the Interlocal Cooperation Act, authorizes local governments, including cities, to contract with each other, in accordance with the act's requirements, to perform governmental functions and services. See Tex. Gov't Code Ann. §§ 791.001, 791.011(a) (Vernon 1994 Supp. 2003). "Governmental functions and services" here include fire protection. See id. § 791.003(3)(B) (Vernon Supp. 2003). Section 791.006 imposes on a governmental unit that obtains or requests fire department services "any civil liability" that may arise from providing those services:
  9. State v. Lundy

    233 So. 3d 1252 (Fla. Dist. Ct. App. 2017)   Cited 2 times
    After the State rested, Lundy moved for a judgment of acquittal, arguing that the State had failed to establish (a) constructive possession of the ammunition and (b) live "ammunition" as defined in section 791.001(19), Florida Statutes (2014). The trial court denied the motion as to constructive possession, and reserved ruling as to the "ammunition" issue.
    PAGE 1253
  10. AGO

    2010-18 (Ops. Fla. Atty. Gen. May. 26, 2010)
    See s. 791.001, Fla. Stat., stating: "This chapter [governing the sale of fireworks] shall be applied uniformly throughout the state." Cf s. 553.98, Fla. Stat., addressing the development of building codes for radon-resistant buildings, stating that "[t]he standards shall apply uniformly to the entire jurisdictions that adopt the standards."