791.001
Application and enforcement.
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791.001 Application and enforcement.—This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state.
History.—s. 6, ch. 87-118.
Notes of Decisions
Cited in 5
cases, 2005–2017 · leading case: Phantom of Clearwater v. Pinellas County
Phantom of Clearwater v. Pinellas County (2005)
“This relatively short chapter begins with section 791.001, Florida Statutes *1016 (2003), entitled "Application and enforcement," which states: This chapter shall be applied uniformly throughout the state.”
Phantom of Brevard, Inc. v. Brevard County (2008)
“Brevard County’s financial responsibility ordinance is in direct conflict with section 791.001, Florida Statutes, which provides that chapter 791 “shall be applied uniformly throughout the state.”
Phantom of Brevard, Inc. v. Brevard County (2007)
“§ 791.001, Fla. Stat. (2006). The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute.”
Classy Cycles, Inc. v. Bay County (2016)
“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.”
State v. Lundy (2017)
“After the State rested, Lundy moved for a judgment of acquittal, arguing that the State had failed to establish (a) constructive possession of the ammunition and (b) live “ammunition” as defined in section 791.001(19), Florida Statutes (2014).”
— 791.001(19) — 1 case
State v. Lundy (2017)
“After the State rested, Lundy moved for a judgment of acquittal, arguing that the State had failed to establish (a) constructive possession of the ammunition and (b) live “ammunition” as defined in section 791.001(19), Florida Statutes (2014).”
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