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Florida Statute 791.04 | Lawyer Caselaw & Research
F.S. 791.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 791.04

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 791
SALE OF FIREWORKS
View Entire Chapter
F.S. 791.04
791.04 Sale at wholesale, etc., exempted.Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds.
History.s. 4, ch. 20445, 1941; s. 1, ch. 61-312; s. 5, ch. 87-118.

F.S. 791.04 on Google Scholar

F.S. 791.04 on Casetext

Amendments to 791.04


Arrestable Offenses / Crimes under Fla. Stat. 791.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 791.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PHANTOM OF BREVARD, INC. v. BREVARD COUNTY, v., 3 So. 3d 309 (Fla. 2008)

. . . .; § 791.04, Fla. Stat. . . . sales are delivered to out-of-state entities or to other manufacturers, distributors, or wholesalers. § 791.04 . . .

PHANTOM OF BREVARD, INC. v. BREVARD COUNTY,, 966 So. 2d 423 (Fla. Dist. Ct. App. 2007)

. . . Section 791.04; or ' (3) [sic] The use [is] in conjunction with a bona fide agricultural use, as provided . . .

DISCOUNT FIREWORKS OF CENTRAL FLORIDA, INC. v. SARASOTA COUNTY, F., 922 So. 2d 433 (Fla. Dist. Ct. App. 2006)

. . . Sections 791.04 and 791.07 list the numerous categories of permitted sales and uses of fireworks. . . . sporting events, military use, and agricultural or aquacultural use in frightening birds. §§ 791.02, 791.04 . . .

PHANTOM OF CLEARWATER, INC. d b a v. PINELLAS COUNTY,, 894 So. 2d 1011 (Fla. Dist. Ct. App. 2005)

. . . See § 791.04, Fla. Stat. (2003). . . . See § 791.04. . . . That subsection states: “Except as provided in Sections' 791.02, 791.04, or 791.07, Florida Statutes . . . Phantom Fireworks argues that this requirement conflicts with chapter 791.04, which, it maintains, “exempts . . . Except as provided in Sections 791.02,. 791.04, or 791.07, Florida Statutes, or under division 2 of this . . .

STATE v. MIKETA,, 824 So. 2d 970 (Fla. Dist. Ct. App. 2002)

. . . I Acknowledge and agree that: — I am eighteen (18) years of age or older. — I have reviewed Section 791.04 . . . The statute referenced by the foregoing documents is section 791.04, Florida Statutes. . . . It provides: 791.04 Sale at wholesale, etc., exempted. — Nothing in this chapter shall be construed to . . . The circuit judge affirmed with an order which stated: F.S. 791.04 provides exemption for numerous types . . . See § 791.04, Fla. Stat. . . .

In SOUTHERN BIOTECH, INC., 37 B.R. 311 (Bankr. M.D. Fla. 1983)

. . . already indebted to the Department under its contract in the total amount of $127,098.11 of which $114,-791.04 . . .

WICHITA COCA COLA BOTTLING CO. v. UNITED STATES, 61 F. Supp. 407 (N.D. Tex. 1945)

. . . 18.479.04 18.526.50 (33.19) 46.46 1921 9,008.31 9,559.47 517.97 551.16 1922 21,055.22 21,846.26 1,309.01 791.04 . . .