CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
detonators. If necessary see exceptions set out in §
791.01 and Chapter 552, Fla.Stat. A "dangerous weapon"
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
...ation or that the ordinance 03-48 conflicts with this existing state law, it is necessary to examine chapter 791. Chapter 791 is entitled "Sale of Fireworks." It regulates both the sale and use of fireworks. This relatively short chapter begins with section 791.001, Florida Statutes *1016 (2003), entitled "Application and enforcement," which states: This chapter shall be applied uniformly throughout the state....
...CHAPTER 791 DOES NOT PREEMPT REGULATION OF THE BUSINESS OF SELLING FIREWORKS Phantom Fireworks first argues that chapter 791 either expressly or impliedly preempts the field of fireworks regulation. We disagree. Phantom Fireworks relies primarily on the language of section 791.001 to argue that the statute expressly preempts local ordinances....
...As quoted earlier, that section states: This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state. § 791.001....
...ely by the legislature. Express preemption of a field by the legislature must be accomplished by clear language stating that intent. Id. at 101 (citing Hillsborough County v. Fla. Rest. Ass'n,
603 So.2d 587, 590 (Fla. 2d DCA 1992)). We conclude that section
791.001 does not contain language creating an express preemption....
...ing in their respective jurisdiction." See §§
316.001, .002, .008, Fla. Stat. (2003); Thomas v. State,
614 So.2d 468 (Fla.1993). If the legislature intends to preempt a field, it must state that intent more expressly than the language contained in section
791.001....
...In addition, we see no direct conflict between these provisions and the text of chapter 791. The ordinance is intended to and can coexist with chapter 791. It is consistent with the legislature's intent to permit local law enforcement to enforce the terms of the statute. See § 791.001....
CopyCited 13 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 1002, 2008 Fla. LEXIS 2431, 2008 WL 5333392
...arwater court determined that a county may, as part of its permitting process, demand proof of the seller's ability to respond in damages.
894 So.2d at 1023. We disagree. Brevard County's financial responsibility ordinance is in direct conflict with section
791.001, Florida Statutes, which provides that chapter 791 "shall be applied uniformly throughout the state." Because chapter 791 does not contain any financial responsibility standard or requirement, retailers and other supply-side entities are subject to potentially disparate obligations throughout the state....
...[2] DISCUSSION We begin our analysis by summarizing chapter 791, Florida Statutes (2006), and Brevard County Ordinance 05-06, as amended by Brevard County Ordinance 06-18. Chapter 791, entitled "Sale of Fireworks," is a relatively short chapter. It begins with section 791.001, which provides: This chapter shall be applied uniformly throughout the state....
...f sparklers was unconstitutional because it directly conflicted with section
791.01, Fla. Stat., which specifically approved the sale of sparkers). The Fifth District concluded that the "Evidence of financial responsibility" provision conflicts with section
791.001, which provides that chapter 791 is to be "applied uniformly throughout the state." More specifically, the Fifth District found that Brevard County's "Evidence of financial responsibility" provision will subject fireworks businesses to varying insurance coverage requirements throughout the State....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1974 Fla. App. LEXIS 7740
authorized to sell sparklers by the provisions of §
791.01, Fla. Stat., F.S.A., and that the City, by ordinance
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
ordinance banning the sale of "sparklers". Section
791.01, Fla. Stat.,[1] F.S.A., defining fireworks
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 123620
others with explosives were "fireworks" under section
791.01(4). As such, he contended that they were not
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 13431, 2007 WL 2456201
...mits and enforce state laws and rules: This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state. § 791.001, Fla....
...Cannella,
458 So.2d 1075 (Fla.1984); Fla. Rest. Ass'n,
603 So.2d 587 (Fla. 2d DCA 1992)). In support of its preemption argument, Phantom points out that chapter 791 begins with a legislative directive that "[t]his chapter shall be applied uniformly throughout the state." §
791.001, Fla....
...er court determined that a county may, as part of its permitting process, demand proof of the seller's ability to respond in damages.
894 So.2d at 1023. We disagree. Brevard *429 County's financial responsibility ordinance is in direct conflict with section
791.001, Florida Statutes, which provides that chapter 791 "shall be applied uniformly throughout the state." Because chapter 791 does not contain any financial responsibility standard or requirement, retailers and other supply-side entities are subject to potentially disparate obligations throughout the state....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507
...The local governments cite to Phantom of Brevard, Inc. v. Brevard County,
3 So.3d 309 (Fla.2008), in support of their contention that local governments can impose the insurance required by the ordinances. In Phantom of Brevard, the Florida Supreme Court construed section
791.001, Florida Statutes, a statute which concerns fireworks, and concluded it does not preempt a county’s regulation of fire *788 works....
CopyPublished | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 3127
Florida, at its regular session in 1957, amended §
791.01 to specifically exclude sparklers from the definition
CopyPublished | Florida 3rd District Court of Appeal
...on count began
on February 3, 2016.
After the State rested, Lundy moved for a judgment of acquittal, arguing that
the State had failed to establish (a) constructive possession of the ammunition and
(b) live “ammunition” as defined in section 791.001(19), Florida Statutes (2014).
The trial court denied the motion as to constructive possession, and reserved ruling
as to the “ammunition” issue.
The jury could not reach a verdict, and the court declared a mistrial....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15375
excludes “fireworks,” which are defined in Section
791.01, Florida Statutes (1975), as: [A]ny combustible
