Home
Menu
Call outside Criminal Attorney Mark S. Barnett
904-562-8444
F.S. 791.013 on Google Scholar

F.S. 791.013 on Casetext

Amendments to 791.013


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 791
SALE OF FIREWORKS
View Entire Chapter
F.S. 791.013 Florida Statutes and Case Law
791.013 Testing and approval of sparklers; penalties.
(1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Register and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures.
(2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The Division of Investigative and Forensic Services shall dispose of any samples which remain after testing.
History.s. 2, ch. 87-118; s. 21, ch. 93-276; s. 1222, ch. 97-102; s. 58, ch. 2013-14; s. 38, ch. 2016-165.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 791.013 on Google Scholar

F.S. 791.013 on Casetext

Amendments to 791.013


Arrestable Offenses / Crimes under Fla. Stat. 791.013
Level: Degree
Misdemeanor/Felony: First/Second/Third

791.013 - HEALTH-SAFETY - ALTER OR MISREPRESENT APPROVED SPARKLER - M: F
791.013 2 - HEALTH-SAFETY - ALTER OR MISREPRESENT APPROVED SPARKLER - M: F


Civil Citations / Citable Offenses under S791.013
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 791.013.


Annotations, Discussions, Cases: