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F.S. 791.01 on Google Scholar

F.S. 791.01 on Casetext

Amendments to 791.01


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 791
SALE OF FIREWORKS
View Entire Chapter
F.S. 791.01 Florida Statutes and Case Law
791.01 Definitions.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 compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.
(4)(a) “Fireworks” means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.
(b) “Fireworks” does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.
(c) “Fireworks” also does not include the following novelties and trick noisemakers:
1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.
2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.
3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes:
a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report.
b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report.
c. A snapper, which is a small, paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition.
d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks.
e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report.
f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report.

The sale and use of items listed in this paragraph are permitted at all times.

(5) “Manufacturer” means any person engaged in the manufacture or construction of sparklers in this state.
(6) “Retailer” means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail.
(7) “Seasonal retailer” means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year.
(8) “Sparkler” means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks.
(9) “Wholesaler” means any person engaged in the business of selling sparklers to a retailer.
History.s. 1, ch. 20445, 1941; s. 1, ch. 57-338; s. 1, ch. 84-201; s. 1, ch. 87-118; s. 36, ch. 89-233; s. 1906, ch. 2003-261.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 791.01 on Google Scholar

F.S. 791.01 on Casetext

Amendments to 791.01


Arrestable Offenses / Crimes under Fla. Stat. 791.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 791.01.


Civil Citations / Citable Offenses under S791.01
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 791.01.


Annotations, Discussions, Cases:

  1. Phantom of Brevard, Inc. v. Brevard County

    3 So. 3d 309 (Fla. 2009)   Cited 23 times
    Then, the chapter defines various terms, including fireworks, sparklers, manufacturer, retailer, and wholesaler. In particular, "fireworks" is defined as including "any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation." 791.01(4)(a), Fla. Stat. However, the term fireworks does not include snakes, party poppers, auto burglar alarms, and other expressly delineated items. § 791.01(4)(c), Fla. Stat. To be excluded from the term "fireworks," sparklers must be tested and approved by the Division of the State Fire Marshal (Division) prior to retail sale. § 791.01(4)(b), Fla. Stat. Sparklers also must be stored in the manner described by section 791.015. And a retailer (defined by section 791.01(6) as someone engaged in selling sparklers) may not sell sparklers or other products authorized for sale by chapter 791 "unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division." § 791.02(2), Fla. Stat.
    PAGE 312
  2. Phantom of Brevard v. Brevard County

    No. SC07-2200 (Fla. Dec. 23, 2008)
    Then, the chapter defines various terms, including fireworks, sparklers, manufacturer, retailer, and wholesaler. In particular, "fireworks" is defined as including "any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation." § 791.01(4)(a), Fla. Stat. However, the term "fireworks" does not include snakes, party poppers, auto burglar alarms, and other expressly delineated items. § 791.01(4)(c), Fla. Stat. To be excluded from the term "fireworks," sparklers must be tested and approved by the Division of the State Fire Marshal (Division) prior to retail sale. § 791.01(4)(b), Fla. Stat. Sparklers also must be stored in the manner described by section 791.015. And a retailer (defined by section 791.01(6) as someone engaged in selling sparklers) may not sell sparklers or other products authorized for sale by chapter 791 "unless the product was obtained from a manufacturer, distributer, or wholesaler registered with the division." § 791.02(2), Fla. Stat.
    PAGE 7
  3. Phantom of Clearwater v. Pinellas Co.

    894 So. 2d 1011 (Fla. Dist. Ct. App. 2005)   Cited 33 times
    3. A retailer of sparklers shall be required to comply with the provisions of Section 791.01, Florida Statutes.
    PAGE 1026
  4. State v. Mitchell

    652 So. 2d 473 (Fla. Dist. Ct. App. 1995)   Cited 2 times
    The definition of "destructive device" does not include "[a] device which is not designed, . . . used or intended for use as a weapon." § 790.001(4)(a), Fla. Stat. (1991) (emphasis added). The definition of "explosive" does not include "[f]ireworks as defined in s. 791.01." § 790.001(5), Fla. Stat. (1991). The fireworks definition "includes any explosive substance . . . prepared for the purpose of producing a visible or audible effect by . . . explosion." § 791.01(4)(a), Fla. Stat. (1991).
    PAGE 477
  5. AGO

    93-26 (Ops. Fla. Atty. Gen. Mar. 29, 1993)
    See, s. 791.01(4), F.S., defining "Fireworks."
  6. Colonial Life Accident Ins. Co. v. Superior Court

    31 Cal.3d 785 (Cal. 1982)   Cited 59 times   2 Legal Analyses
    A complaint was filed by plaintiff on March 13, 1981. Four months later, she served Equifax with a request to inspect and copy all documents pertaining to cases handled by Sharkey while employed by Equifax. Equifax refused to supply this information, basing its objection on Insurance Information and Privacy Protection Act (Ins. Code, § 791.01 et seq.), "overbreadth" and relevancy considerations. On a motion to compel discovery, the trial court ordered Equifax to produce the names and addresses of all persons whose claims for benefits under Colonial's policies were assigned Sharkey for settlement — about 35 in all — and approved a letter to be sent by plaintiff's counsel to these individuals requesting that they consent to the release of their records by Equifax. The court expressly prohibited the parties and counsel from initiating any contact with nonparty insurance claimants pending their response to the letter. No restraint was placed on any party regarding claimants who responded to the letter.
    PAGE 789
  7. AGO

    76-182 (Ops. Fla. Atty. Gen. Aug. 30, 1976)

    of "fireworks" in s. 791.01(1), F. S., and as "bottlerockets," as hereinabove described, have not been expressly exempted from the operative force of Ch. 791, supra, by s. 791.01(2), I am of the opinion

    using the bottle as a launching platform, apparently accounts for the name, "bottlerocket." Section 791.01(1), F. S., defining "fireworks" for the purposes of Ch. 791, supra, provides: The term "fireworks"

  8. A-l Transmission Automotive Tech. Inc. v. AMCO Ins. Co.

    CASE NO. 2:10-cv-08496-RSWL-SS (C.D. Cal. Nov. 28, 2011)
    3. GOOD CAUSE STATEMENT. Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure allows the Court for good cause to issue an order to protect a party or any other person from annoyance, embarrassment, oppression, including an order maintaining the confidentiality of documents or "requiring that. . . confidential... commercial information not be revealed or be revealed only in a specified way." The list with AMCO's other policyholders' names and addresses, as well as the personal information that is in their claim files, contains the confidential, private information of AMCO's policyholders and thus is also AMCO's confidential information. The claim file documents and information are protected by privacy laws, including the Insurance Information and Privacy Protection Act, California Insurance Code § 791.01 et seq. ("the Act"). See CALIFORNIA PRACTICE GUIDE: INSURANCE LITIGATION, by Hon. H. Walter Croskey, et al. (The Rutter Group 2011 Online Ed.), Chap. 15-G, § 15:758 ("The Insurance Information and Privacy Protection Act (Ins.C. § 791.01 et seq.) creates a right of privacy with respect to consumer files (including claims files) maintained by insurance…
    PAGE 5
  9. Kane v. State

    358 So. 2d 53 (Fla. Dist. Ct. App. 1978)   Cited 1 times
    This definition specifically excludes "fireworks," which are defined in Section 791.01, Florida Statutes (1975), as: