Arrestable Offenses / Crimes under Fla. Stat. 791.02
CopyCited 137 times | Published | Court of Appeals for the Eleventh Circuit | 27 Wage & Hour Cas. (BNA) 1457, 1986 U.S. App. LEXIS 33021
employer relationship. See 29 C.F.R. § 791.2. The statute defines enterprise as follows:
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
...parklers) are prohibited from selling a sparkler or other authorized product unless it was obtained from an entity registered with the Division of the State Fire Marshal, and retailers must keep records regarding their purchase of such products. See § 791.02(2), Fla. Stat. (2003). Significantly, chapter 791 establishes a general prohibition against the use and sale of the items that fall within the definition of fireworks. See § 791.02....
...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....
...There is therefore no demonstrated conflict between this provision and chapter 791. C. Section 4 of the Ordinance Regarding Business Records. Section 4 of the ordinance contains a general prohibition against fireworks. That subsection states: "Except as provided in Sections
791.02,
791.04, or
791.07, Florida Statutes ....
...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." By expressly permitting the sale or uses permitted by sections 791.02, .04 and .07, (the only provisions in chapter 791 on this topic), this portion of the ordinance avoids conflict with the statute....
...it maintains, "exempts wholesale sales, provided the manufacturer, distributor or wholesaler has registered with the Division." As stated above, the ordinance's proscription against fireworks specifically excepts acts that are permitted by sections
791.02,
791.04, and
791.07....
...Florida Statutes. (Ord. No. 86-9, § 2, 2-11-86) Section 4. Section 62-85 of the Pinellas County Code is hereby amended to read as follows: Sec. 62-85. Prohibition of Fireworks; Exceptions; Permits and Regulations. 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....
...Consumer Product Safety Commission can be found at http://www.cpsc.gov/library/2002fwreport.PDF. [6] This widespread failure to enforce chapter 791 is somewhat surprising because the chapter would seem to be easily enforced. As the parties to this appeal all agree, section 791.02 does not contain the word "knowing." It creates a misdemeanor to protect citizens, primarily children, from what is sometimes described as a public welfare offense....
CopyCited 16 times | Published | District Court, S.D. Florida | 6 Wage & Hour Cas.2d (BNA) 1853, 2001 U.S. Dist. LEXIS 14249, 2001 WL 786631
the alleged period of employment. See 29 C.F.R. § 791.2(a) ("A single individual may stand in the relation
CopyCited 14 times | Published | District Court, M.D. Florida | 1992 WL 436560
29 C.F.R. § 500.20(h)(4)(i); see also 29 C.F.R. § 791.2(b)(2), (3); Maldonado v. Lucca,
629 F.Supp. 483 CopyCited 13 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 1002, 2008 Fla. LEXIS 2431, 2008 WL 5333392
...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. Stat. Significantly, section
791.02(1) prohibits the use and sale of items that fall within the definition of fireworks. However, there are several exceptions to this general prohibition. First, there is an exception for the use and sale of fireworks for certain public displays of fireworks. See §
791.02(1), Fla. Stat.; §
791.04, Fla. Stat. The governing bodies of counties and municipalities can adopt rules for granting permits for the public displays of fireworks by fair associations, amusement parks, or other organizations. §
791.02(1), Fla....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 19 Wage & Hour Cas.2d (BNA) 513, 2012 WL 2687961, 2012 U.S. App. LEXIS 13978
all the facts in the particular case.” 29 C.F.R. § 791.2(a). A joint-employment relationship will generally
CopyCited 9 times | Published | Supreme Court of Florida
...our criminal statutes. Among these, it is a criminal offense to "offer to commit" prostitution, section
796.07(3)(a); to "offer" a bribe, section
838.016; to "offer" to sell obscene materials, section 847.014(2)(b)(2); to "offer" to sell fireworks, section
791.02; to "offer" to sell lottery tickets, section
849.09(g)....
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 1994 WL 144618
under FLSA is found in the regulations, 29 C.F.R. § 791.2 (1992). . "The term 'agricultural employer' means
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1906131
...The State petitions for a writ of certiorari, whereby it seeks to quash an order of the circuit court entered in its appellate capacity. We deny the petition. I. The State charged defendant-respondent John Miketa with the illegal sale of fireworks to an undercover detective, in violation of section 791.02, Florida Statutes (1999)....
...A copy of the document executed by Det. Ramirez is attached hereto.... This Certificate was subsequently confiscated by Detective Ramirez.... 3. After confirming that Detective Ramirez had executed the Certificate and was exempt from the provisions of 791.02, Florida Statutes, I sold to Detective Ramirez one Longhorn Beyond 2000 # 900 Aerial Salute and one Black Cat Brand Aerial Shower....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 3445, 2006 WL 572007
...State,
802 So.2d 414, 416 (Fla. 2d DCA 2001). Unfortunately, the order suffers a more fundamental defect; it does not resolve the issues presented by Discount in its lawsuit. Consequently, we are compelled to dismiss the appeal and remand for further proceedings. Section
791.02(1), Florida Statutes (2004), prohibits all fireworks sales except as otherwise allowed in chapter 791....
...Permitted 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....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 13431, 2007 WL 2456201
...municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. § 791.02, Fla....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
regulates the sale of fireworks within this state.2 Section
791.02(1), Florida Statutes, makes it unlawful for
CopyPublished | District Court, S.D. Florida | 6 Wage & Hour Cas.2d (BNA) 1853, 2001 U.S. Dist. LEXIS 6786
the alleged period of employment. See 29 C.F.R. § 791.2(a) ("A single individual may stand in the relation
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
sale of fireworks in this state. Question One Section
791.02(1), F.S., makes it unlawful for any person
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 24, 2024
time under the [FLSA].” See 29 C.F.R. § 791.2(a); Falk v. Brennan,
414 U.S. 190, 195 (1973) (rec-
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15375
...y explosives or flammable compound or any tablets or other device containing any explosive substance. This subtle distinction between fireworks and explosives is important because it is not illegal to possess fireworks, only to sell or explode them. Section 791.02, Florida Statutes (1975)....
