Home
Menu
Call outside Criminal Attorney Mark S. Barnett
904-562-8444
F.S. 791.02 on Google Scholar

F.S. 791.02 on Casetext

Amendments to 791.02


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 791
SALE OF FIREWORKS
View Entire Chapter
F.S. 791.02 Florida Statutes and Case Law
791.02 Sale of fireworks regulated; rules and regulations.
(1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location.
History.s. 2, ch. 20445, 1941; s. 1, ch. 61-312; s. 4, ch. 87-118; s. 1223, ch. 97-102.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 791.02 on Google Scholar

F.S. 791.02 on Casetext

Amendments to 791.02


Arrestable Offenses / Crimes under Fla. Stat. 791.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

791.02 1 - HEALTH-SAFETY - VIOLATE FIREWORKS SALE OR USE REGULATIONS - M: F


Civil Citations / Citable Offenses under S791.02
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 791.02.


Annotations, Discussions, Cases:

  1. Phantom of Clearwater v. Pinellas Co.

    894 So. 2d 1011 (Fla. Dist. Ct. App. 2005)   Cited 33 times
    Section 4 of the ordinance contains a general prohibition against fireworks. That subsection states: "Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes . . . it shall be unlawful for any person, firm, partnership, or corporation to offer for sale at wholesale or retail, expose for sale at wholesale or retail, or use or explode any fireworks within the county." By expressly permitting the sale or uses permitted by sections 791.02, .04 and .07, (the only provisions in chapter 791 on this topic), this portion of the ordinance avoids conflict with the statute.
    PAGE 1022
  2. Phantom of Brevard, Inc. v. Brevard County

    3 So. 3d 309 (Fla. 2009)   Cited 23 times
    Significantly, section 791.02(1) prohibits the use and sale of items that fall within the definition of fireworks. However, there are several exceptions to this general prohibition. First, there is an exception for the use and sale of fireworks for certain public displays of fireworks. See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat. The governing bodies of counties and municipalities can adopt rules for granting permits for the public displays of fireworks by fair associations, amusement parks, or other organizations. § 791.02(1), Fla. Stat. Boards of county commissioners must require bonds from licensees in an amount not less than $500. § 791.03, Fla. Stat. Further, outdoor displays are subject to the safety standards of "the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition." § 791.012, Fla. Stat. But "[a]ny state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks." Id., And the Code for Fireworks Display does not govern fireworks displays on private, residential property. Id.
    PAGE 313
  3. AGO

    2001-35 (Ops. Fla. Atty. Gen. May. 16, 2001)
    It is the nature of the transaction, not whether sales tax is collected or not, that determines whether the prohibitions in section 791.02, Florida Statutes, have been violated. As discussed above, section 791.02(1), Florida Statutes, makes it unlawful to offer for sale, expose for sale, or sell at retail fireworks except as provided in Chapter 791, Florida Statutes. As this office recognized in Attorney General Opinion 93-26, however, while section 791.04, Florida Statutes, does not permit the sale of fireworks to consumers generally, the statute does except the sale of fireworks for certain specified purposes from the general prohibition against the sale of fireworks in this state.
  4. Bosher v. City of Euclid Income Tax Bd.

    No. 80240 (Ohio Ct. App. May. 30, 2002)
    {¶ 41} Appellee, echoing the rationale used by the Board of Review and the trial court, argues that the lottery winnings are taxable because these winnings represent a "net profit" derived from an "other activity" (to-wit, gambling) conducted within the City of Euclid, which activity or net profit is not dependent on being business related. In support of this view, appellee cites generally to Euclid Codified Ordinances Section 791.03(c)(1), and to isolated language within Euclid Codified Ordinances Section 791.02(q), stating, "ECO Section 791.02(q) defines `taxable income' as `wages . . . and/or the net profits from the operation of a business, profession, or other enterprise or activity . . .'". See appellee's brief at 1. Appellants, on the other hand, maintain that the relevant sections of the City's tax code, which were relied upon by the trial court, must be read in pari materia and require through their general context a business related aspect for the taxation of net profits, an aspect which is lacking in lottery winnings. Both of the parties' arguments require that we construe the ordinances in question.
  5. Johansen v. Am. Gen. Life Ins. Co.

    585 F. App'x 436 (9th Cir. 2014)
    Similarly, section 791.10, which requires an insurance company to provide certain notices in the event of an "adverse underwriting decision," does not apply when, as here, an insurance policy lapses due to non-payment of premiums. See Cal. Ins. Code § 791.10(a) (applying to "adverse underwriting decision"); id. § 791.02(a)(1) (defining "adverse underwriting decision" to include "termination" or "declination" of coverage); id. § 791.02(x) (defining "termination" as the cancellation or non-renewal of a policy "for any reason other than the failure to pay a premium as required by the policy").
    PAGE 3
  6. Bosher v. Euclid Income Tax Board of Review

    2003 Ohio 3886 (Ohio 2003)   Cited 20 times
    {¶ 7} Euclid Codified Ordinance 791.02, a definitions section, provides:
    PAGE 331
  7. Phantom of Brevard v. Brevard County

    No. SC07-2200 (Fla. Dec. 23, 2008)
    Significantly, section 791.02(1) prohibits the use and sale of items that fall within the definition of fireworks. However, there are several exceptions to this general prohibition. First, there is an exception for the use and sale of fireworks for certain public displays of fireworks.See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat. The governing bodies of counties and municipalities can adopt rules for granting permits for the public displays of fireworks by fair associations, amusement parks, or other organizations. § 791.02(1), Fla. Stat. Boards of county commissioners must require bonds from licensees in an amount not less than $500. § 791.03, Fla. Stat. Further, outdoor displays are subject to the safety standards of "the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition." § 791.012, Fla. Stat. But "[a]ny state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks." Id. And the Code for Fireworks Display does not govern fireworks displays on private, residential property. Id.
    PAGE 7
  8. Heldt v. Guardian Life Ins. Co. of Am.

    Case No. 16-cv-885-BAS-NLS (S.D. Cal. Feb. 15, 2019)   Cited 1 times
    CMIA prohibits health care providers, health care service plans, and contractors from disclosing confidential medical information without authorization. Cal. Civ. Code § 56.10. A health care provider is one licensed under various provisions of California law, or a clinic, health dispensary, or health facility. A health care provider "does not include insurance institutions as defined in subdivision (k) of Section 791.02 of the Insurance Code." Id. § 56.05(m). In turn, Section 791.02(k) defines insurance institution as a business engaged in the business of insurance. See Cal. Ins. Code. § 791.02(k). The definition of an insurance institution explicitly excludes health care service plans governed by the Knox-Keene Act. Id. A health care service plan is "any entity regulated pursuant" to the Knox-Knee Act. Cal. Civ. Code § 56.05(g).
    PAGE 6
  9. Permitted uses include supervised public display, railroad or other transportation signaling or illumination, industrial use such as quarrying or blasting, blank cartridges for theatrical shows, sporting events, military use, and agricultural or aquacultural use in frightening birds. §§ 791.02, 791.04, 791.07.
    PAGE 435
  10. American Ins. Assn. v. Garamendi

    127 Cal.App.4th 228 (Cal. Ct. App. 2005)   Cited 1 times
    Personal information is defined as "any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individual's character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. `Personal information' includes an individual's name and address and `medical record information' but does not include `privileged information.'" (Ins. Code, § 791.02, subd. (s).) Privileged information includes any individually identifiable information that relates to a claim for insurance benefits and is collected in connection with or in reasonable anticipation of a claim for insurance benefits. (§ 791.02, subd. (v).)
    PAGE 238