The 2023 Florida Statutes (including Special Session C)
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. . . does not include snakes, party poppers, auto burglar alarms, and other expressly delineated items. § 791.01 . . . be tested and approved by the Division of the State Fire Marshal (Division) prior to retail sale. § 791.01 . . . And a retailer (defined by section 791.01(6) as someone engaged in selling sparklers) may not sell sparklers . . . Section 791.01, as it may, from time to time, be amended.” . . . that banned the sales of sparklers was unconstitutional because it directly conflicted with section 791.01 . . .
. . . to-form an explosive mixture, blasting caps,-and detona- If necessary see exceptions- set otit in § 791.01 . . .
. . . See § 791.01, Fla. Stat. (2003). . . . strong argument could be made that the legislature intended the definition of fireworks in section 791.01 . . . “wholesaler”, “distributor”, and “manufacturer” shall have the same meaning as specified in Section 791.01 . . . A retailer of sparklers shall be required to comply with the provisions of Section 791.01, Florida Statutes . . .
. . . If necessary see exceptions set out in § 791.01 and Chapter 552, Fla.Stat. . . .
. . . demonstrate that the items he was selling were not fireworks within the definition contained in section 791.01 . . .
. . . including: (a) Shotgun shells, cartridges, or ammunition for firearms; (b) Fireworks as defined in s. 791.01 . . .
. . . section 790.161, Florida Statutes (1991), and declaring unconstitutional sections 790.001(4)-(5) and 791.01 . . . the charges, arguing that his devices and all others with explosives were “fireworks” under section 791.01 . . . The problem arises from a reading of the definitional subsections of 790.001 and 791.01, Florida Statutes . . . (Emphasis supplied) Section 791.01(4)(a), Florida Statutes (1991), provides that “ ‘Fireworks’ means . . . When Sections 790.001(4), and (5), and 791.01(4)(a), Florida Statutes (1991) are considered together, . . .
. . . including: (a) Shotgun shells, cartridges, or ammunition for firearms; (b) Fireworks as defined in s. 791.01 . . .
. . . including: (a) Shotgun shells, cartridges or ammunition for firearms; (b) Fireworks as defined in s. 791.01 . . .
. . . unconstitutional delegation of legislative power to an agency- The pertinent statute reads as follows: 791.01 . . .
. . . including; “(a) Shotgun shells, cartridges or ammunication for firearms; “(b) Fireworks as defined in s. 791.01 . . .
. . . detonators; but not including cartridges for firearms, and not including fireworks as defined in s. 791.01 . . . This definition specifically excludes “fireworks,” which are defined in Section 791.01, Florida Statutes . . . This contention is illogical, because fireworks, as defined in Section 791.01, are specifically excluded . . .
. . . Section 791.01, Fla.Stat., F.S.A., defining fireworks, has a specific exemption as to sparklers and provides . . . Affirmed. . “791.01 Fireworks defined * * :! . . .
. . . the appellant contending that it was specifically authorized to sell sparklers by the provisions of § 791.01 . . .
. . . The legislature of Florida, at its regular session in 1957, amended § 791.01 to specifically exclude . . . the class of fireworks prohibited by ordinance No. 6021 is in derogation of and inconsistent with § 791.01 . . .