Florida Statutes

Fla. Stat. § 791.01 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 10 cases, 1959–2008 · leading case: Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005).

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Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005). · cites it 7× “See § 791.01, Fla. Stat. (2003). As to the items excluded from the definition of fireworks, there are specific provisions requiring the testing and approval of sparklers prior to their retail sale and placing certain safety restrictions on their storage.”

Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). · cites it 7× “Section 791.01, as it may, from time to time, be amended.”

State v. Mitchell, 652 So. 2d 473 (Fla. 2d DCA 1995). · cites it 7× “Mitchell moved to dismiss the charges, arguing that his devices and all others with explosives were "fireworks" under section 791.01(4). As such, he contended that they were not encompassed by chapter 790 because the definitions of "destructive device" and "explosives" in…”

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). “If necessary see exceptions set out in § 791.01 and Chapter 552, Fla.Stat. A "dangerous weapon" is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.”

Stand. Jury Instructions in Crim. Cases-Submission 2002-1, 850 So. 2d 1272 (Fla. 2003). “If necessary see exceptions set out in § 791.01 and Chapter 552, Fla.Stat. A “dangerous weapon” is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.”

Acme Specialty Corp. v. City of Miami, 292 So. 2d 379 (Fla. 3d DCA 1974). · cites it 2× “2d 661 , the appellant contending that it was specifically authorized to sell sparklers by the provisions of § 791.01, Fla. Stat., F.S.A., and that the City, by ordinance, could not limit these sales.”

Dade Cnty. v. Acme Specialty Corp., 292 So. 2d 378 (Fla. 3d DCA 1974). “Section 791.01, Fla. Stat., [1] F.S.A., defining fireworks, has a specific exemption as to sparklers and provides in part that they may be offered for sale.”

Kane v. State, 358 So. 2d 53 (Fla. 2d DCA 1978). · cites it 3× “) This definition specifically excludes “fireworks,” which are defined in Section 791.01, Florida Statutes (1975), as: [A]ny combustible or explosive composition, or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the…”

Hunnewell v. Palm Beach Cnty., 723 So. 2d 353 (Fla. 4th DCA 1998). · cites it 2× “Because appellant failed to demonstrate that the items he was selling were not fireworks within the definition contained in section 791.01(4)(a), Florida Statutes (1997) the trial court properly denied the injunction.”

Acme Specialties Corp. v. City of Miami, 110 So. 2d 18 (Fla. 3d DCA 1959). · cites it 2× “” The legislature of Florida, at its regular session in 1957, amended § 791.01 to specifically exclude sparklers from the definition of fireworks.”

— 791.01(1) — 1 case

Acme Specialties Corp. v. City of Miami, 110 So. 2d 18 (Fla. 3d DCA 1959). “” The legislature of Florida, at its regular session in 1957, amended § 791.01 to specifically exclude sparklers from the definition of fireworks.”

— 791.01(4) — 2 cases

Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005). “See § 791.01, Fla. Stat. (2003). As to the items excluded from the definition of fireworks, there are specific provisions requiring the testing and approval of sparklers prior to their retail sale and placing certain safety restrictions on their storage.”

State v. Mitchell, 652 So. 2d 473 (Fla. 2d DCA 1995). “Mitchell moved to dismiss the charges, arguing that his devices and all others with explosives were "fireworks" under section 791.01(4). As such, he contended that they were not encompassed by chapter 790 because the definitions of "destructive device" and "explosives" in…”

— 791.01(4)(a) — 2 cases

Hunnewell v. Palm Beach Cnty., 723 So. 2d 353 (Fla. 4th DCA 1998). “Because appellant failed to demonstrate that the items he was selling were not fireworks within the definition contained in section 791.01(4)(a), Florida Statutes (1997) the trial court properly denied the injunction.”

— 791.01(4)(b) — 1 case

Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). “Section 791.01, as it may, from time to time, be amended.”

— 791.01(4)(c) — 1 case

Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). “Section 791.01, as it may, from time to time, be amended.”

— 791.01(6) — 1 case

Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). “Section 791.01, as it may, from time to time, be amended.”

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