CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
...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. Section
791.03, Florida Statutes (2003), mandates that boards of county commissioners require bonds from each "licensee" of not less than $500....
CopyCited 13 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 1002, 2008 Fla. LEXIS 2431, 2008 WL 5333392
...supply-side entities are subject to potentially disparate obligations throughout the state. Although the legislature has provided counties with considerable discretion to determine the amount of a bond required of a fireworks display licensee under section 791.03, there is no reason to believe that the legislature would have countenanced a system in which a seller of fireworks or sparklers must maintain a particular amount of liability insurance simply because one of the counties in which it does business requires such coverage....
...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. Stat. Boards of county commissioners must require bonds from licensees in an amount not less than $500. §
791.03, Fla....
...In this case, nothing in the "Evidence of financial responsibility" provision conflicts with chapter 791 because chapter *315 791 does not in any way address the subject matter addressed by the "Evidence of financial responsibility" provision, namely the requirement that sellers of fireworks obtain liability insurance. Section
791.03 only provides that a county must require at least a $500 bond from licensees. Although "licensee" is not defined in chapter 791, it appears that section
791.03 "is intended to cover the persons who receive local permits for outdoor displays." Phantom of Clearwater,
894 So.2d at 1016 n....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 13431, 2007 WL 2456201
...a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or to property by reason of the licensee's display, and arising from any acts of the licensee, his or her agents, employees or subcontractors. § 791.03, Fla....
...supply-side entities are subject to potentially disparate obligations throughout the state. Although the legislature has provided counties with considerable discretion to determine the amount of a bond required of a fireworks display licensee under section 791.03, there is no reason to believe that the legislature would have countenanced a system in which a seller of fireworks or sparklers must maintain a particular amount of liability insurance simply because one of the counties in which it does business requires such coverage....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507
...rance 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. In fact section
791.03, Florida Statutes, allows counties to require a bond from firework sellers and sets only a minimum amount....
