Florida Statute 791.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

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F.S. 791.01

791.01 Definitions.—As used in this chapter, the term:

(1) “Distributor” means any person engaged in the business of selling sparklers to a wholesaler.

(2) “Division” means the Division of the State Fire Marshal of the Department of Financial Services.

(3) “Explosive compound” means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.

(4)(a) “Fireworks” means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.

(b) “Fireworks” does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.

1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.

2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.

3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes:

a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report.

b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report.

c. A snapper, which is a small, paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition.

d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks.

e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report.

f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report.

The sale and use of items listed in this paragraph are permitted at all times.

(5) “Manufacturer” means any person engaged in the manufacture or construction of sparklers in this state.

(6) “Retailer” means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail.

(7) “Seasonal retailer” means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year.

(8) “Sparkler” means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks.

(9) “Wholesaler” means any person engaged in the business of selling sparklers to a retailer.

History.—s. 1, ch. 20445, 1941; s. 1, ch. 57-338; s. 1, ch. 84-201; s. 1, ch. 87-118; s. 36, ch. 89-233; s. 1906, ch. 2003-261; s. 9, ch. 2024-139.

F.S. 791.01 on Google Scholar

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Amendments to 791.01

Arrestable Offenses / Crimes under Fla. Stat. 791.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 791.01.

Annotations, Discussions, Cases:

Cases Citing Statute 791.01

Total Results: 20

State v. Lundy

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-12T23:53:00-08:00

Snippet: and (b) live “ammunition” as defined in section 791.001(19), Florida Statutes (2014). The trial court

Classy Cycles, Inc. v. Bay County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 201 So. 3d 779, 2016 Fla. App. LEXIS 14507

Snippet: Brevard, the Florida Supreme Court construed section 791.001, Florida Statutes, a statute which concerns fireworks

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-05-26T00:53:00-07:00

Snippet: Dictionary p. 1407 (eighth ed. 2004). 5 See s. 791.001, Fla. Stat., stating: "This chapter [governing

Phantom of Brevard, Inc. v. Brevard County

Court: Fla. | Date Filed: 2008-12-23T00:00:00-08:00

Citation: 3 So. 3d 309, 33 Fla. L. Weekly Supp. 1002, 2008 Fla. LEXIS 2431, 2008 WL 5333392

Snippet: responsibility ordinance is in direct conflict with section 791.001, Florida Statutes, which provides that chapter …relatively short chapter. It begins with section 791.001, which provides: This chapter shall be applied …, explosion, deflagration, or detonation." 791.01(4)(a), Fla. Stat. However, the term fireworks does…alarms, and other expressly delineated items. § 791.01(4)(c), Fla. Stat. To be excluded from the term …Fire Marshal (Division) prior to retail sale. § 791.01(4)(b), Fla. Stat. Sparklers also must be stored

Phantom of Brevard, Inc. v. Brevard County

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-31T00:53:00-07:00

Citation: 966 So. 2d 423

Snippet: with the enforcement of the laws of the state. § 791.001, Fla. Stat. (2006). The outdoor display of fireworks…applied uniformly throughout the state." § 791.001, Fla. Stat. (2006). The parties dispute the meaning…responsibility ordinance is in direct conflict with section 791.001, Florida Statutes, which provides that chapter

Standard Jury Inst. in Cr. Cases No. 2006-2

Court: Fla. | Date Filed: 2007-07-12T00:53:00-07:00

Citation: 962 So. 2d 310

Snippet: detonators. If necessary see exceptions set out in § 791.01 and Chapter 552, Fla.Stat. A "dangerous weapon

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Court: Fla. Att'y Gen. | Date Filed: 2006-06-16T00:53:00-07:00

Snippet: scheduled inspection of the project.2 Section 553.791(1)(g), Florida Statutes, provides a definition for…construction inspection or both. Further, section 553.791(1)(g), Florida Statutes, mandates professional licensure

Phantom of Clearwater v. Pinellas County

Court: Fla. Dist. Ct. App. | Date Filed: 2005-01-13T23:53:00-08:00

Citation: 894 So. 2d 1011

Snippet: This relatively short chapter begins with section 791.001, Florida Statutes *1016 (2003), entitled "…some relatively safe smoke-creating devices. See § 791.01, Fla. Stat. (2003). As to the items excluded from…Fireworks relies primarily on the language of section 791.001 to argue that the statute expressly preempts local…with the enforcement of the laws of the state. § 791.001. The language of this statute is puzzling. The … (Fla. 2d DCA 1992)). We conclude that section 791.001 does not contain language creating an express preemption

Standard Jury Instructions in Criminal Cases-Submission 2002-1

Court: Fla. | Date Filed: 2003-07-03T00:00:00-07:00

Citation: 850 So. 2d 1272, 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321

Snippet: detonators. If necessary see exceptions set out in § 791.01 and Chapter 552, Fla.Stat. A “dangerous weapon

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-05-16T00:53:00-07:00

Snippet: (Fla. 3d DCA, filed August 28, 2000). 2 See, s. 791.01(4), Fla. Stat., defining "Fireworks"

Anderson Columbia v. Bd. of Trustees

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-21T23:53:00-08:00

Citation: 748 So. 2d 1061

Snippet: lands, for the purposes within mentioned. Ch. 791, § 1, Laws of Florida (1856)(emphasis added). The 1856

Hunnewell v. Palm Beach County

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-23T00:00:00-08:00

Citation: 723 So. 2d 353, 1998 Fla. App. LEXIS 16053, 1998 WL 889495

Snippet: fireworks within the definition contained in section 791.01(4)(a), Florida Statutes (1997) the trial court

Stacey v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-18T00:53:00-07:00

Citation: 660 So. 2d 1083

Snippet: firearms; *1086 (b) Fireworks as defined in s. 791.01; (c) Smokeless propellant powder or small arms

State v. Mitchell

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-23T23:53:00-08:00

Citation: 652 So. 2d 473

Snippet: b) Fireworks as defined in s. 791.01. (Emphasis supplied) Section 791.01(4)(a), Florida Statutes (1991…declaring unconstitutional sections 790.001(4)-(5) and 791.01(4)(a), Florida Statutes (1991). The trial judge…explosives were "fireworks" under section 791.01(4). As such, he contended that they were not encompassed…regarding Sections 790.001(4) and (5), 790.161, and 791.01(4)(a), Florida Statutes (1991). First, it is urged… of the definitional subsections of 790.001 and 791.01, Florida Statutes (1991). Specifically in 790.001

Ago

Court: Fla. Att'y Gen. | Date Filed: 1993-03-28T23:53:00-08:00

Snippet: Wholesaler" are respectively defined in s. 791.01(1),(5) and (9), F.S., as: (1)"Distributor&…selling sparklers to a retailer. In contrast, s. 791.01(6) and (7), F.S., define "Retailer" and…and wholesalers as those terms are defined in s. 791.01, F.S., and does not encompass retailers. Accordingly… Butterworth Attorney General RAB/tjw 1 See, s. 791.01(4), F.S., defining "Fireworks." 2 Section… 775.083, F.S. 3 Section 791.05, F.S. 4 See, s. 791.01(2), F.S., defining "Division" for purposes

In Interest of TC

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-08T23:53:00-08:00

Citation: 573 So. 2d 121

Snippet: ammunition for firearms; (b) Fireworks as defined in s. 791.01: Finally, "weapon" is defined in a typical

DeFriest v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-12T00:00:00-07:00

Citation: 453 So. 2d 133, 1984 Fla. App. LEXIS 14194

Snippet: ammunition for firearms; (b) Fireworks as defined in s. 791.01; (c) Smokeless propellant powder or small arms

James v. State

Court: Fla. | Date Filed: 1984-05-24T00:53:00-07:00

Citation: 453 So. 2d 786

Snippet: Hitchcock v. State, 432 So.2d 42 (Fla. 1983). *791 One instruction, however, requires discussion. In Enmund

State v. Getz

Court: Fla. | Date Filed: 1983-07-14T00:53:00-07:00

Citation: 435 So. 2d 789

Snippet: separately convicted and sentenced. Paragraph *791 (1) of section 812.014 defines the crime of theft

Jr. Food Stores of West Florida, Inc. v. Division of Alcoholic Beverages & Tobacco

Court: Fla. Dist. Ct. App. | Date Filed: 1980-12-11T00:00:00-08:00

Citation: 390 So. 2d 1244, 1980 Fla. App. LEXIS 18197

Snippet: agency- The pertinent statute reads as follows: 791.01 “Fireworks” defined.- (1) The term “fireworks”