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Statutes updated from Official Statutes on: January 26, 2022
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1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, or under division 2 of this article, 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.The statute and rules, read together, thus establish the procedures to be followed in order to qualify for the exception recognized by section 791.07, Florida Statutes. The signing of an affidavit or form stating that the buyer intends to use the fireworks for agricultural use would not appear to comply with the requirements of the statute or rules. Rather, the buyer must present the seller with a copy of the statement he or she has previously filed with the sheriff containing the information enumerated in the rules before such person is eligible to acquire fireworks pursuant to section 791.07, Florida Statutes."a new permanent retail sales facility engaged in sales otherwise permitted under s. 791.07, Florida Statutes, may not be opened in this state after March 8, 2007, unless the permanent retail sales facility has received site-plan approval and construction has begun on or before March 8, 2007; the number of permits for temporary retail sales facilities, such as tents, engaged in sales otherwise permitted by s. 791.07, Florida Statutes, which are issued after March 8, 2007, by a county, municipality, or other unit of local government may not exceed the number of permits that such governmental entity issued for such facilities during the previous calendar year;. . . ."( Id. at § 11-4(f)(3)). Section 11-4(f)(7) of the Ordinance requires purchasers that were not registered with the Division of the Fire Safety Marshall, who pursuant to Florida Statutes Section 791.07Permitted 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.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.The debtor received tax refunds in 2013 and 2014 of $8, 470.03 and $9, 791.07, respectively.(3) [sic] The use [is] in conjunction with a bona fide agricultural use, as provided in F.S. Section 791.07 and the applicable provision of the Florida Administrative Code.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.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…