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Florida Statute 791.01 | Lawyer Caselaw & Research
F.S. 791.01 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 791.01

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 791
SALE OF FIREWORKS
View Entire Chapter
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, dago bombs, 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.
(c) “Fireworks” also does not include the following novelties and trick noisemakers:
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.

F.S. 791.01 on Google Scholar

F.S. 791.01 on Casetext

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 from cite.case.law:

PHANTOM OF BREVARD, INC. v. BREVARD COUNTY, v., 3 So. 3d 309 (Fla. 2008)

. . . does not include snakes, party poppers, auto burglar alarms, and other expressly delineated items. § 791.01 . . . be tested and approved by the Division of the State Fire Marshal (Division) prior to retail sale. § 791.01 . . . And a retailer (defined by section 791.01(6) as someone engaged in selling sparklers) may not sell sparklers . . . Section 791.01, as it may, from time to time, be amended.” . . . that banned the sales of sparklers was unconstitutional because it directly conflicted with section 791.01 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . to-form an explosive mixture, blasting caps,-and detona- If necessary see exceptions- set otit in § 791.01 . . .

PHANTOM OF CLEARWATER, INC. d b a v. PINELLAS COUNTY,, 894 So. 2d 1011 (Fla. Dist. Ct. App. 2005)

. . . See § 791.01, Fla. Stat. (2003). . . . strong argument could be made that the legislature intended the definition of fireworks in section 791.01 . . . “wholesaler”, “distributor”, and “manufacturer” shall have the same meaning as specified in Section 791.01 . . . A retailer of sparklers shall be required to comply with the provisions of Section 791.01, Florida Statutes . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- SUBMISSION, 850 So. 2d 1272 (Fla. 2003)

. . . If necessary see exceptions set out in § 791.01 and Chapter 552, Fla.Stat. . . .

J. HUNNEWELL, Jr. v. PALM BEACH COUNTY, a a, 723 So. 2d 353 (Fla. Dist. Ct. App. 1998)

. . . demonstrate that the items he was selling were not fireworks within the definition contained in section 791.01 . . .

L. STACEY, v. STATE, 660 So. 2d 1083 (Fla. Dist. Ct. App. 1995)

. . . including: (a) Shotgun shells, cartridges, or ammunition for firearms; (b) Fireworks as defined in s. 791.01 . . .

STATE v. MITCHELL,, 652 So. 2d 473 (Fla. Dist. Ct. App. 1995)

. . . section 790.161, Florida Statutes (1991), and declaring unconstitutional sections 790.001(4)-(5) and 791.01 . . . the charges, arguing that his devices and all others with explosives were “fireworks” under section 791.01 . . . The problem arises from a reading of the definitional subsections of 790.001 and 791.01, Florida Statutes . . . (Emphasis supplied) Section 791.01(4)(a), Florida Statutes (1991), provides that “ ‘Fireworks’ means . . . When Sections 790.001(4), and (5), and 791.01(4)(a), Florida Statutes (1991) are considered together, . . .

In T. C. a, 573 So. 2d 121 (Fla. Dist. Ct. App. 1991)

. . . including: (a) Shotgun shells, cartridges, or ammunition for firearms; (b) Fireworks as defined in s. 791.01 . . .

DeFRIEST, v. STATE, 453 So. 2d 133 (Fla. Dist. Ct. App. 1984)

. . . including: (a) Shotgun shells, cartridges or ammunition for firearms; (b) Fireworks as defined in s. 791.01 . . .

JR. FOOD STORES OF WEST FLORIDA, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 390 So. 2d 1244 (Fla. Dist. Ct. App. 1980)

. . . unconstitutional delegation of legislative power to an agency- The pertinent statute reads as follows: 791.01 . . .

STATE v. NUNEZ,, 368 So. 2d 422 (Fla. Dist. Ct. App. 1979)

. . . including; “(a) Shotgun shells, cartridges or ammunication for firearms; “(b) Fireworks as defined in s. 791.01 . . .

J. KANE, v. STATE, 358 So. 2d 53 (Fla. Dist. Ct. App. 1978)

. . . detonators; but not including cartridges for firearms, and not including fireworks as defined in s. 791.01 . . . This definition specifically excludes “fireworks,” which are defined in Section 791.01, Florida Statutes . . . This contention is illogical, because fireworks, as defined in Section 791.01, are specifically excluded . . .

DADE COUNTY, a v. ACME SPECIALTY CORPORATION, a, 292 So. 2d 378 (Fla. Dist. Ct. App. 1974)

. . . Section 791.01, Fla.Stat., F.S.A., defining fireworks, has a specific exemption as to sparklers and provides . . . Affirmed. . “791.01 Fireworks defined * * :! . . .

ACME SPECIALTY CORPORATION, a v. CITY OF MIAMI, a, 292 So. 2d 379 (Fla. Dist. Ct. App. 1974)

. . . the appellant contending that it was specifically authorized to sell sparklers by the provisions of § 791.01 . . .

ACME SPECIALTIES CORPORATION, v. CITY OF MIAMI, a, 110 So. 2d 18 (Fla. Dist. Ct. App. 1959)

. . . The legislature of Florida, at its regular session in 1957, amended § 791.01 to specifically exclude . . . the class of fireworks prohibited by ordinance No. 6021 is in derogation of and inconsistent with § 791.01 . . .