The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

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F.S. 791.07

791.07 Agricultural and fish hatchery use.—Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services.

History.—s. 1, ch. 29780, 1955; s. 1, ch. 57-336; ss. 14, 35, ch. 69-106; s. 1, ch. 82-109.

Note.—Section 10(5), ch. 2007-67, provides that “[p]ending completion of the Legislature’s review of the task force’s report and to ensure that fire prevention and safety standards are uniform, 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; and a municipality, county, or other unit of local government may not adopt an ordinance, rule, regulation, or other law after March 8, 2007, which directly prohibits or directly interferes with the safety standards established by state law or the right to purchase, sell, use, or possess consumer fireworks in this state. However, if the Legislature enacts legislation to provide for the comprehensive regulation of fire prevention and safety standards for the use of consumer fireworks to replace this subsection on or before July 1, 2008, this subsection does not prohibit opening any such facility, permitting any such temporary facility, or adopting any such ordinance or other law after such legislation is enacted.”

F.S. 791.07 on Google Scholar

F.S. 791.07 on Casetext

Amendments to 791.07

Arrestable Offenses / Crimes under Fla. Stat. 791.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 791.07.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . .” § 791.07, Fla. Stat. . . .

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

. . . Section 791.07 and the applicable provision of the Florida Administrative Code. . . .

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. . . . events, military use, and agricultural or aquacultural use in frightening birds. §§ 791.02, 791.04, 791.07 . . .

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

. . . See § 791.07, Fla. Stat. (2003). . . . That subsection states: “Except as provided in Sections' 791.02, 791.04, or 791.07, Florida Statutes . . . proscription against fireworks specifically excepts acts that are permitted by sections 791.02, 791.04, and 791.07 . . . Except as provided in Sections 791.02,. 791.04, or 791.07, Florida Statutes, or under division 2 of this . . . pursuant to rules promulgated by the Department of Agriculture and Consumer Services under Section 791.07 . . .