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.

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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: District Court of Appeal of Florida | Date Filed: 2017-12-13

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: District Court of Appeal of Florida | Date Filed: 2016-09-28

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: Florida Attorney General Reports | Date Filed: 2010-05-26

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: Supreme Court of Florida | Date Filed: 2008-12-23

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

Phantom of Brevard, Inc. v. Brevard County

Court: District Court of Appeal of Florida | Date Filed: 2007-08-31

Citation: 966 So. 2d 423, 2007 Fla. App. LEXIS 13431, 2007 WL 2456201

Snippet: with the enforcement of the laws of the state. § 791.001, Fla. Stat. (2006). The outdoor display of fireworks

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

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 962 So. 2d 310, 2007 WL 2002611

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-06-16

Snippet: scheduled inspection of the project.2 Section 553.791(1)(g), Florida Statutes, provides a definition for

Phantom of Clearwater v. Pinellas County

Court: District Court of Appeal of Florida | Date Filed: 2005-01-14

Citation: 894 So. 2d 1011, 2005 Fla. App. LEXIS 184

Snippet: This relatively short chapter begins with section 791.001, Florida Statutes *1016 (2003), entitled "Application

Standard Jury Instructions in Criminal Cases-Submission 2002-1

Court: Supreme Court of Florida | Date Filed: 2003-07-03

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: Florida Attorney General Reports | Date Filed: 2001-05-16

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

Hunnewell v. Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 1998-12-23

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: District Court of Appeal of Florida | Date Filed: 1995-08-18

Citation: 660 So. 2d 1083, 1995 WL 490556

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

State v. Mitchell

Court: District Court of Appeal of Florida | Date Filed: 1995-03-24

Citation: 652 So. 2d 473, 1995 WL 123620

Snippet: declaring unconstitutional sections 790.001(4)-(5) and 791.01(4)(a), Florida Statutes (1991). The trial judge

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-03-29

Snippet: and "Wholesaler" are respectively defined in s. 791.01(1),(5) and (9), F.S., as: (1)"Distributor" means

In Interest of TC

Court: District Court of Appeal of Florida | Date Filed: 1991-01-09

Citation: 573 So. 2d 121, 1991 Fla. App. LEXIS 88, 1991 WL 696

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

DeFriest v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-07-12

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

State v. Getz

Court: Supreme Court of Florida | Date Filed: 1983-07-14

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: District Court of Appeal of Florida | Date Filed: 1980-12-11

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”

State v. Nunez

Court: District Court of Appeal of Florida | Date Filed: 1979-03-06

Citation: 368 So. 2d 422

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

Kane v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-04-12

Citation: 358 So. 2d 53, 1978 Fla. App. LEXIS 15375

Snippet: firearms, and not including fireworks as defined in s. 791.01. (Emphasis supplied.) This definition specifically