CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
...bonds from each "licensee" of not less than $500. [3] Additionally, fireworks can be sold at the wholesale level so long as the sales either go to entities outside the state or are delivered to other manufacturers, distributors, or wholesalers. See § 791.04, Fla....
...llumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. . . . See § 791.04....
...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 ....
...The applicant for a permit must also obtain a $1,000,000 combined single limits liability insurance policy to cover the risk of loss or injury to other people arising from its business operations in Pinellas County. Phantom Fireworks argues that this requirement conflicts with chapter
791.04, which, 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....
...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....
...If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded on a form approved by the Authority. 5. Any person, firm, partnership, or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks....
CopyCited 13 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 1002, 2008 Fla. LEXIS 2431, 2008 WL 5333392
...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....
...erty. Id. In addition to exempting the use and sale of fireworks for certain public displays, chapter 791 exempts the wholesale of fireworks if the sales are delivered to out-of-state entities or to other manufacturers, distributers, or wholesalers. § 791.04, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1906131
...way, Key Largo, Florida, where JOHN MIKETA was employed as the manager. 2. Detective Alberto Ramirez executed Phantom Fireworks'"Wholesale Verification Certificate," wherein he indicated that he was 18 years of age or older, and that he had reviewed Section 791.04 of Chapter 791, Florida Statutes, and that his purchase and use of the fireworks fell within the exceptions specified therein....
...e qualified for any exemption to the statute. The certificate signed by the undercover officer stated: PHANTOM FIREWORKS WHOLESALE VERIFICATION CERTIFICATE I Acknowledge and agree that: I am eighteen (18) years of age or older. I have reviewed Section 791.04 of Chapter 791, Florida Statutes, and my purchase and use of the fireworks falls within the exceptions specified therein....
...I will indemnify and hold the seller harmless from any claims brought as a result of such damages and injuries. No representations, either oral or implied, other than those set forth above, have been made by any parties to this transaction. The statute referenced by the foregoing documents is section 791.04, Florida Statutes. It provides: 791.04 Sale at wholesale, etc., exempted....
...nsed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds. The county court granted the motion to dismiss and the State appealed. [1] The circuit judge affirmed with an order which stated: F.S. 791.04 provides exemption for numerous types of sales....
...ireworks would know this. Two firecrackers is not a wholesale amount, nor an amount which a local government would purchase to put on a fireworks show, nor a commercial quantity which might be employed by a railroad, quarry, or other enterprise. See § 791.04, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 13431, 2007 WL 2456201
...rotechnics in accordance with this ordinance; or (b) The use is by a railroad or other transportation agency for illumination or signal purposes or the use is associated with quarrying, blasting, or another industrial purpose in accordance with F.S. Section 791.04; or (3) [sic] The use [is] in conjunction with a bona fide agricultural use, as provided in F.S....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
compliance with a statutory exemption under section
791.04 Florida Statutes, on a form provided by the
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
fireworks to consumers in this state? In sum: 1)Section
791.04, F.S., in permitting the sale of fireworks
