Florida Statutes
Fla. Stat. § 791.02 (2025)
Sale of fireworks regulated; rules and regulations.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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791.02 Sale of fireworks regulated; rules and regulations.—
(1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location.
Arrestable Offenses under F.S. 791.02
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§791.02(1)HEALTH-SAFETYVIOLATE FIREWORKS SALE OR USE REGULATIONS
Notes of Decisions
Cited in 8
cases, 1978–2008 · leading case: Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008).
Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). “See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat.”
Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005). “See § 791.02. This general prohibition is subject to several seemingly narrow exceptions.”
Scullock v. State, 377 So. 2d 682 (Fla. 1979). “014(2)(b)(2); to "offer" to sell fireworks, section 791.02; to "offer" to sell lottery tickets, section 849.”
Phantom of Brevard, Inc. v. Brevard Cnty., 966 So. 2d 423 (Fla. 5th DCA 2007). “§ 791.02, Fla. Stat. (2006). The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than 0 conditioned for the payment of all damages which may be caused either to a person or to property…”
State v. Miketa, 824 So. 2d 970 (Fla. 1st DCA 2002). “The State charged defendant-respondent John Miketa with the illegal sale of fireworks to an undercover detective, in violation of section 791.02, Florida Statutes (1999). This is a misdemeanor charge, id.”
Disc. Fireworks of Cent. Florida, Inc. v. Sarasota Cnty., 922 So. 2d 433 (Fla. 2d DCA 2006). “§§ 791.02, 791.04, 791.07. . Discount did not challenge the ordinance on preemption grounds.”
Kane v. State, 358 So. 2d 53 (Fla. 2d DCA 1978). “Section 791.02, Florida Statutes (1975). From the evidence before the trial court we are forced to conclude that the explosive devices seized from appellant and his companion were not explosives within the statutory definition, but rather were fireworks.”
Agostino v. State, 21 Fla. Supp. 2d 154 (Fla. Cir. Ct. 1985). “Appellant, Bernard David Agostino, was convicted upon nonjury *155 trial of selling fireworks, a misdemeanor, in violation of Florida Statute Section 791.02. On appeal Appellant argues: (1) that the trial court erred in failing to grant his motion for discharge pursuant to the…”
— 791.02(1) — 2 cases
Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). “See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat.”
Disc. Fireworks of Cent. Florida, Inc. v. Sarasota Cnty., 922 So. 2d 433 (Fla. 2d DCA 2006). “§§ 791.02, 791.04, 791.07. . Discount did not challenge the ordinance on preemption grounds.”
— 791.02(2) — 2 cases
Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005). “See § 791.02. This general prohibition is subject to several seemingly narrow exceptions.”
Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). “See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat.”
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