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F.S. 791.04 on Google Scholar

F.S. 791.04 on Casetext

Amendments to 791.04


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 791
SALE OF FIREWORKS
View Entire Chapter
F.S. 791.04 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: January 26, 2022
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.


Civil Citations / Citable Offenses under S791.04
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 791.04.


Annotations, Discussions, Cases:

  1. Phantom Fireworks argues that this requirement conflicts with chapter 791.04, which, it maintains, "exempts wholesale sales, provided the manufacturer, distributor or wholesaler has registered with the Division." As stated above, the ordinance's proscription against fireworks specifically excepts acts that are permitted by sections 791.02, 791.04, and 791.07. Thus the ordinance does not prohibit a wholesale manufacturer, distributor, or seller from doing that which is permitted by the statute. Although the ordinance does establish a permitting process for all businesses involving fireworks and that process imposes additional requirements on businesses wanting to avail themselves of the benefits of doing business in Pinellas County, this permitting process does not directly conflict with the provisions of chapter 791.
    PAGE 1023
  2. AGO

    2001-35 (Ops. Fla. Atty. Gen. May. 16, 2001)
    Section 791.04, Florida Statutes, however, provides:
  3. AGO

    93-26 (Ops. Fla. Atty. Gen. Mar. 29, 1993)
    1)Does the language in s. 791.04, F.S., permitting the sale of fireworks shipped directly out of state by the manufacturer, distributor, or wholesaler, authorize manu-facturers, distributors, or wholesalers of sparkler and firework products to sell fire-works to consumers who agree to transport the fireworks from the seller's place of business? 2)Does the exception in s. 791.04, F.S., for the sale of fireworks shipped directly out of state by the manufacturer, distributor, or wholesaler, authorize anyone other than a manufacturer, distributor, or wholesaler registered with the State Fire Marshal to sell fireworks in this state? 3)Does s. 791.04, F.S., authorize the sale of fireworks to consumers in this state?
  4. State v. Miketa

    824 So. 2d 970 (Fla. Dist. Ct. App. 2002)   Cited 2 times
    The statute referenced by the foregoing documents is section 791.04, Florida Statutes. It provides:
    PAGE 972
  5. Phantom of Brevard, Inc. v. Brevard County

    3 So. 3d 309 (Fla. 2009)   Cited 23 times
    In addition to exempting the use and sale of fireworks for certain public displays, chapter 791 exempts the wholesale of fireworks if the sales are delivered to out-of-state entities or to other manufacturers, distributors, or wholesalers. § 791.04, Fla. Stat. Moreover, chapter 791 exempts the use of fireworks for signal purposes by railroad and transportation agencies, for quarrying purposes, for blasting or industrial purposes, for show or theatre purposes (blank cartridges), "or for signal or ceremonial purposes in athletics or sports, or for use by military organizations." Id. Chapter 791 also exempts the sale and use of fireworks for "frightening birds from agricultural works and fish hatcheries." § 791.07, Fla. Stat. This last use "shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services." Id.
    PAGE 313
  6. 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
  7. Davken, Inc. v. City of Daytona Beach Shores

    Case No. 6:04-cv-207-Orl-19DAB (M.D. Fla. May. 5, 2006)   Cited 3 times
    Ordinance 2003-24 sets forth regulations and permit requirements for the sale of sparklers and fireworks. (Doc. No. 54, Attachment #5, Ordinance 2003-24). Ordinance 2003-24 provides that "except as provided in Section 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm, partnership, corporation or other entity to offer for sale, expose for sale, sell at retail, use or explode any fireworks within the City of Daytona Beach Shores, without a permit from the Building/Fire Safety Division." ( Id. at § 11-(4)(f)(1)). Any entity that is engaging in the sale, distribution, or manufacturing of fireworks must first apply for and secure a permit from the Building/Fire Safety Division. ( Id. at § 11-4(f)(2)). The purchaser of any fireworks "must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the buyer is registered with the Division of the State Fire Marshal and otherwise in compliance with Chapter 791, Florida Statutes." ( Id. at § 11-4(f)(3)). Section 11-4(f)(5) provides that a purchaser of fireworks who is not registered with the Division of the State Fire Marshal and who, pursuant to Florida…
    PAGE 3
  8. Phantom of Brevard v. Brevard County

    No. SC07-2200 (Fla. Dec. 23, 2008)
    In addition to exempting the use and sale of fireworks for certain public displays, chapter 791 exempts the wholesale of fireworks if the sales are delivered to out-of-state entities or to other manufacturers, distributers, or wholesalers. § 791.04, Fla. Stat. Moreover, chapter 791 exempts the use of fireworks for signal purposes by railroad and transportation agencies, for quarrying purposes, for blasting or industrial purposes, for show or theatre purposes (blank cartridges), "or for signal or ceremonial purposes in athletics or sports, or for use by military organizations." Id. Chapter 791 also exempts the sale and use of fireworks for "frightening birds from agricultural works and fish hatcheries." § 791.07, Fla. Stat. This last use "shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services." Id.
    PAGE 8
  9. Phantom v. Brevard

    966 So. 2d 423 (Fla. Dist. Ct. App. 2007)   Cited 3 times
    (b) The use is by a railroad or other transportation agency for illumination or signal purposes or the use is associated with quarrying, blasting, or another industrial purpose in accordance with F.S. Section 791.04; or
    PAGE 426
  10. Except as provided in Section 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm, partnership, corporation or other entity to offer for sale, expose for sale, sell at retail, use or explode any fireworks within the City of Daytona Beach Shores, without a permit from the Building/Fire Safety Division.
    PAGE 2