Florida Statute 791.015 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

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791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers.—

(1) REGISTRATION REQUIREMENTS.—Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on forms prescribed by the division. Any retailer who sells sparklers at more than one retail location may submit one registration form for all such locations but must provide the address of each location with the registration form; however, any retailer may submit multiple registration forms.

(2) REGISTRATION FORM.—The registration form filed with the division must be notarized and must include the following information: business name; address; telephone number; officers, if the business is a corporation; and an individual designated as a contact person.

(3) FEES.—

(a) Each manufacturer, distributor, or wholesaler must pay an annual registration fee to be set by the division not to exceed $1,000. Each seasonal retailer must pay an annual registration fee to be set by the division not to exceed $200. Each retailer shall pay an annual registration fee to be set by the division not to exceed $15 for each retail location registered. Each certificateholder wishing to have a duplicate certificate issued for one which is lost or to reflect a change of address shall request such duplicate in writing and shall pay a fee of $5.

(b) Revenue from registration fee payments shall be deposited in the Insurance Regulatory Trust Fund for the purposes of implementing the registration and testing provisions of this chapter.

(4) RULES.—The State Fire Marshal may adopt rules prescribing registration forms required by this section.

History.—s. 3, ch. 87-118; s. 37, ch. 89-233; s. 21, ch. 2000-370; s. 1907, ch. 2003-261.

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Amendments to 791.015

Annotations, Discussions, Cases:

Cases Citing Statute 791.015

Total Results: 4 | Sort by: Relevance | Newest First

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Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005).

Cited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205

...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....

...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 ....

...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....

...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....

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Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008).

Cited 13 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 1002, 2008 Fla. LEXIS 2431, 2008 WL 5333392

...§ 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....

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Disc. Fireworks of Cent. Florida, Inc. v. Sarasota Cnty., 922 So. 2d 433 (Fla. 2d DCA 2006).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 3445, 2006 WL 572007

...1 within twelve months. Id. at § 2(4). Apparently, at all relevant times, the County had not implemented a process to issue permits to fireworks sellers. Discount was registered as a fireworks seller with the Division of the State Fire Marshal. See § 791.015....

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Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

Marshal of the Department of Insurance. 5 Section 791.015, F.S., requires any manufacturer, distributor

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