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Statutes updated from Official Statutes on: January 26, 2022
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" 791.01 Fireworks definedThen, 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.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.3. A retailer of sparklers shall be required to comply with the provisions of Section 791.01, Florida Statutes.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).See, s. 791.01(4), F.S., defining "Fireworks."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.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"
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… This definition specifically excludes "fireworks," which are defined in Section 791.01, Florida Statutes (1975), as: