Florida Statute 791.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

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F.S. 791.02

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.

History.—s. 2, ch. 20445, 1941; s. 1, ch. 61-312; s. 4, ch. 87-118; s. 1223, ch. 97-102.

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Amendments to 791.02

Arrestable Offenses / Crimes under Fla. Stat. 791.02

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

S791.02 1 - HEALTH-SAFETY - VIOLATE FIREWORKS SALE OR USE REGULATIONS - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 791.02

Total Results: 19

BRADLEY ENGLE v. MICHELLE K. ENGLE

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-03T00:53:00-07:00

Snippet: for rehearing is filed." Fox, 262 So. 3d at 791.2 In coming to this conclusion, we

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: with the division." § 791.02(2), Fla. Stat. Significantly, section 791.02(1) prohibits the use and …responsibility" provisions conflict with chapter 791.[2] DISCUSSION We begin our analysis by summarizing…for certain public displays of fireworks. See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat. The governing…associations, amusement parks, or other organizations. § 791.02(1), Fla. Stat. Boards of county commissioners must

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: fireworks within the boundaries of any municipality. § 791.02, Fla. Stat. (2006). The board of county commissioners

Discount Fireworks of Central Florida, Inc. v. Sarasota County

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-10T00:00:00-08:00

Citation: 922 So. 2d 433, 2006 Fla. App. LEXIS 3445, 2006 WL 572007

Snippet: appeal and remand for further proceedings. Section 791.02(1), Florida Statutes (2004), prohibits all fireworks…agricultural or aquacultural use in frightening birds. §§ 791.02, 791.04, 791.07. . Discount did not challenge

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: regarding their purchase of such products. See § 791.02(2), Fla. Stat. (2003). Significantly, chapter 791… fall within the definition of fireworks. See § 791.02. This general prohibition is subject to several…the supervised public display of fireworks. See § 791.02. Section 791.012, Florida Statutes (2003), provides…subsection states: "Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes . . . it shall…permitting the sale or uses permitted by sections 791.02, .04 and .07, (the only provisions in chapter 791

State v. Miketa

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-21T00:53:00-07:00

Citation: 824 So. 2d 970

Snippet: an undercover detective, in violation of section 791.02, Florida Statutes (1999). This is a misdemeanor…Certificate and was exempt from the provisions of 791.02, Florida Statutes, I sold to Detective Ramirez

Ago

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

Snippet: in section 791.02, Florida Statutes, have been violated. As discussed above, section 791.02(1), Florida…the sale of fireworks within this state.2 Section 791.02(1), Florida Statutes, makes it unlawful for any…retail sale of fireworks in violation of section 791.02, Florida Statutes. Prior to trial, the defendant…transaction into an illegal transaction under section 791.02, Florida Statutes.5 Accordingly, I am of the opinion

Ago

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

Snippet: of fireworks in this state. Question One Section 791.02(1), F.S., makes it unlawful for any person, firm…. Question Two As discussed in Question One, s. 791.02(1), F.S., makes it unlawful to offer for sale,

Broadfoot v. Albert Hugo Ass'n, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-11-19T23:53:00-08:00

Citation: 478 So. 2d 863

Snippet: claimant. McCall v. Dick Burns, Inc., 408 So.2d 787, 791-2 (Fla. 1st DCA 1982). *866 Claimant had no prior

Scullock v. State

Court: Fla. | Date Filed: 1979-11-20T23:53:00-08:00

Citation: 377 So. 2d 682

Snippet: to "offer" to sell fireworks, section 791.02; to "offer" to sell lottery tickets,

Kane v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1978-04-12T00:00:00-08:00

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

Snippet: fireworks, only to sell or explode them. Section 791.02, Florida Statutes (1975). From the evidence before

Jones v. Stamper

Court: Fla. Dist. Ct. App. | Date Filed: 1976-09-20T00:00:00-07:00

Citation: 336 So. 2d 1251, 1976 Fla. App. LEXIS 15444

Snippet: same condition as at the pertinent time . . .’’(P.791)2 In Guelli v. Kraus, 145 So.2d 900 (Fla.App.2d 1962

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-08-30T00:53:00-07:00

Snippet: otherwise specifically authorized by Ch. 791. See ss. 791.02,791.05, and 791.06. As to sales at wholesale, see

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-08-10T00:53:00-07:00

Snippet: 20th Judicial Circuit v. Sievert, 312 So.2d 788, 791 (2 D.C.A. Fla., 1975), the court stated: As constitutional

Akey v. Murphy

Court: Fla. | Date Filed: 1970-07-13T00:53:00-07:00

Citation: 238 So. 2d 94

Snippet: Oakland v. Fogelman, Fla.App. 1964, 167 So.2d 791, two of our district courts of appeal declined to overturn

DeCespedes v. Prudence Mut. Cas. Co. of Chicago, Ill.

Court: Fla. Dist. Ct. App. | Date Filed: 1966-11-22T00:00:00-08:00

Citation: 193 So. 2d 224

Snippet: Fla. 274, 139 So. 886 (1932). [6] Vance, supra, 791; 2 Richards, supra, § 201. [7] Vance, supra, 790;

Miami Beach First Nat. Bank v. Harney

Court: Fla. | Date Filed: 1949-03-29T00:00:00-08:00

Citation: 39 So. 2d 789, 1949 Fla. LEXIS 1320

Snippet: injunction bond. THOMAS, J., concurs. *Page 791 2 May 1949 None Supreme Court of Florida fla

Cone v. Benjamin

Court: Fla. | Date Filed: 1942-04-17T00:00:00-07:00

Citation: 8 So. 2d 476, 150 Fla. 419, 1942 Fla. LEXIS 999

Snippet: principal. See 21 Am. Juris. Pars. 3733-4, pages 791-2-3. It is our conclusion that the additional facts

Bryan v. Cogswell

Court: Fla. | Date Filed: 1937-11-13T00:00:00-08:00

Citation: 178 So. 830, 130 Fla. 788, 1937 Fla. LEXIS 893

Snippet: litigation, and on August 3rd, 1936, the *Page 791 two defendants, Mary E. Cogswell and Esther Carl Bryan