CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
...eat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators. If necessary see exceptions set out in § 791.01 and Chapter 552, Fla.Stat....
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
...The chapter then contains a list of definitions including a detailed definition of "fireworks" that includes small firecrackers and other standard items of fireworks, but excludes sparklers, snakes, and some relatively safe smoke-creating devices. See § 791.01, Fla. Stat. (2003). As to the items excluded from the definition of fireworks, there are specific provisions requiring the testing and approval of sparklers prior to their retail sale and placing certain safety restrictions on their storage. See §§ 791.013, .055, Fla....
...This general prohibition is subject to several seemingly narrow exceptions. First, boards of county commissioners and governing bodies of municipalities may adopt reasonable rules and regulations to grant permits for the supervised public display of fireworks. See §
791.02. Section
791.012, Florida Statutes (2003), provides minimum fireworks safety standards for these outdoor displays, [2] but expressly permits counties and municipalities to provide in local ordinances for more stringent regulations for the outdoor display of fireworks....
...subdivision is expressly authorized or prohibited from regulating sales for this use. Id. All manufacturers, distributors, wholesalers of fireworks, and those retailers selling sparklers must register with the Division of the State Fire Marshal. See § 791.015, Fla....
...overnment to act. [7] There undoubtedly is an argument that chapter 791 impliedly preempts narrow topics within the broader topic of fireworks. For example, a strong argument could be made that the legislature intended the definition of fireworks in section 791.01(4) to be a preemptive definition....
...ermits for violations of the ordinance or state law regarding fireworks is not in conflict with state law. B. Section 3 of the Ordinance Regarding Storage and Sale of Sparklers. Section 3 of the ordinance requires compliance with sections
790.01 and section
791.015, and states: Sparklers shall be stored and sold in the ....
...Definitions. 1. Authority "Authority" shall mean the Pinellas County Fire Authority. 2. As used herein, the terms "fireworks", "sparklers", "retailer", "wholesaler", "distributor", and "manufacturer" shall have the same meaning as specified *1025 in Section 791.01, Florida Statutes as it may, from time to time, be amended....
...the county and permits issued by the local fire official having jurisdiction and all other state and local laws 2. All manufacturers, distributors, and wholesalers of sparklers shall be registered with the State Division of Fire Marshall pursuant to Section 791.015, Florida Statutes. 3. A retailer of sparklers shall be required to comply with the provisions of Section 791.01, Florida Statutes....
...rks at each location listed on the application. 4. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and shall be accompanied by a permit fee in an amount to be established by resolution of the Board of County Commissioners which may be set in an amount sufficient to pay for the cost of regulatory requirements of this ordinance....
CopyCited 13 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 1002, 2008 Fla. LEXIS 2431, 2008 WL 5333392
...In particular, "fireworks" is defined as including "any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation."
791.01(4)(a), Fla. Stat. However, the term fireworks does not include snakes, party poppers, auto burglar alarms, and other expressly delineated items. §
791.01(4)(c), Fla. Stat. To be excluded from the term "fireworks," sparklers must be tested and approved by the Division of the State Fire Marshal (Division) prior to retail sale. §
791.01(4)(b), Fla. Stat. Sparklers also must be stored in the manner described by section
791.015. And a retailer (defined by section
791.01(6) as someone engaged in selling sparklers) may not sell sparklers or other products authorized for sale by chapter 791 "unless the product was obtained from a manufacturer, distributer, or wholesaler registered with the division." §
791.02(2), Fla....
...Boards of county commissioners must require bonds from licensees in an amount not less than $500. §
791.03, Fla. Stat. Further, outdoor displays are subject to the safety standards of "the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition." §
791.012, Fla....
...er Services." Id. Brevard County's fireworks ordinance begins with a list of definitions, including one that specifies that "[f]ireworks, sparklers, retailer, wholesaler, distributor, and manufacturer shall have the same meaning as specified in F.S. Section 791.01, as it may, from time to time, be amended." Ordinance No....
...Thus, the "Evidence of financial responsibility" provision can coexist with chapter 791. There is no direct conflict. Cf. Dade County v. Acme Specialty Corp.,
292 So.2d 378 (Fla. 3d DCA 1974) (holding that portion of county ordinance that banned the sales of sparklers was unconstitutional because it directly conflicted with section
791.01, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1974 Fla. App. LEXIS 7740
...hin that municipality. The instant litigation was commenced subsequent to the Supreme Court's opinion in Rinzler v. Carson, Fla. 1972,
262 So.2d 661, the appellant contending that it was specifically authorized to sell sparklers by the provisions of §
791.01, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Ullman, Kimler & Entin, Miami, for appellee. Before BARKDULL, C.J., and CARROLL and HENDRY, JJ. BARKDULL, Chief Judge. By this appeal, the County questions the correctness of a final judgment holding null and void those portions of a County ordinance banning the sale of "sparklers". Section 791.01, Fla....
...rt was correct in the final judgment declaring so much of the County's fireworks ordinance [2] which prohibits such sale to be unconstitutional. Therefore, the final judgment here under review be and the same is hereby affirmed. Affirmed. NOTES [1] "791.01 Fireworks defined * * * * * "(2) The term `fireworks' shall not include sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providin...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 123620
...RYDER, Acting Chief Judge. The State of Florida challenges the trial court's order dismissing the charges of discharging a destructive device in violation of section
790.161, Florida Statutes (1991), and declaring unconstitutional sections
790.001(4)-(5) and
791.01(4)(a), Florida Statutes (1991)....
...ws as a joke and had not intended to hurt anyone. He further testified that the people who sold him the devices called them M-80's. Mitchell moved to dismiss the charges, arguing that his devices and all others with explosives were "fireworks" under section 791.01(4)....
...There are approximately fifteen grains in one gram. We excerpt the following analysis from the trial judge's order holding the statute unconstitutional: The constitutional complaint to be resolved centers on three assertions regarding Sections
790.001(4) and (5),
790.161, and
791.01(4)(a), Florida Statutes (1991)....
...e. Next, it is argued that they are vague and overbroad. Finally, the Defendant insists they violate the due process clause of both the State and Federal Constitutions. The problem arises from a reading of the definitional subsections of
790.001 and
791.01, Florida Statutes (1991)....
...shock, including but not limited to dynamite, nitroglycerine, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including: .... (b) Fireworks as defined in s. 791.01. (Emphasis supplied) Section 791.01(4)(a), Florida Statutes (1991), provides that "`Fireworks' means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose o...
...The definitions seem to turn in on themselves creating a situation of statutory cannibalism, each devouring one another. The exclusion created by s.
790.001(5)(b) acts to remove any device containing an explosive from the definition of a destructive device. When Sections
790.001(4), and (5), and
791.01(4)(a), Florida Statutes (1991) are considered together, they contain ambiguities and result in denial of due process because there is no discernable rational definition of what a destructive device is or is not when fireworks are included within the statutory equation....
...as weapons against persons or property. §
790.001(4), Fla. Stat. (1991). Chapter 791, the fireworks chapter, governs explosives "prepared for the purpose of producing a visual or audible effect by combustion, explosion, deflagration or detonation." §
791.01(4)(a), Fla....
...The definition of "destructive device" does not include "[a] device which is not designed, ... used or intended for use as a weapon." §
790.001(4)(a), Fla. Stat. (1991) (emphasis added). The definition of "explosive" does not include "[f]ireworks as defined in s.
791.01." §
790.001(5), Fla. Stat. (1991). The fireworks definition "includes any explosive substance ... prepared for the purpose of producing a visible or audible effect by ... explosion." §
791.01(4)(a), Fla....
...mon intelligence must necessarily guess at its meaning and differ as to its application. Moreover, the statute gave the appellee fair warning of the criminality of his own conduct. We reject the trial court's holding that sections
790.001(4)-(5) and
791.01 are unconstitutionally void for vagueness....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 13431, 2007 WL 2456201
...Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. § 791.012, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507
Brevard, the Florida Supreme Court construed section
791.001, Florida Statutes, a statute which concerns
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 | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321
...eat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators. If necessary see exceptions set out in § 791.01 and Chapter 552, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
ammunition and (b) live “ammunition” as defined in section
791.001(19), Florida Statutes (2014). The trial court
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15375
...mited to dynamite, nitroglycerin, trinitrotoluene, ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps and detonators; but not including cartridges for firearms, and not including fireworks as defined in s. 791.01. (Emphasis supplied.) This definition specifically excludes “fireworks,” which are defined in Section 791.01, Florida Statutes (1975), as: [A]ny combustible or explosive composition, or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effe...
...atutory definition, but rather were fireworks. The state attorney conceded before the trial court that these devices were fireworks, but further argued that they were explosives as well. This contention is illogical, because fireworks, as defined in Section 791.01, are specifically excluded from the definition of explosives....
