Florida Statute 791.02 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

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

Cases Citing Statute 791.02

Total Results: 20

Sendhabhai Patel v. Dr. Alex Wargo, Etc.

803 F.2d 632, 27 Wage & Hour Cas. (BNA) 1457, 1986 U.S. App. LEXIS 33021

Court of Appeals for the Eleventh Circuit | Filed: Nov 3, 1986 | Docket: 1321055

Cited 137 times | Published

employer relationship. See 29 C.F.R. § 791.2. The statute defines enterprise as follows:

Antenor v. D & S Farms

88 F.3d 925, 1996 U.S. App. LEXIS 17702, 1996 WL 369485

Court of Appeals for the Eleventh Circuit | Filed: Jul 19, 1996 | Docket: 277817

Cited 66 times | Published

entity at the same time. See 29 C.F.R. § 791.2; id. § 500.20(h)(4). Thus, the AWPA

Phantom of Clearwater v. Pinellas County

894 So. 2d 1011, 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 1768416

Cited 22 times | Published

regarding their purchase of such products. See § 791.02(2), Fla. Stat. (2003). Significantly, chapter

Santelices v. Cable Wiring

147 F. Supp. 2d 1313, 6 Wage & Hour Cas.2d (BNA) 1853, 2001 U.S. Dist. LEXIS 14249, 2001 WL 786631

District Court, S.D. Florida | Filed: Mar 6, 2001 | Docket: 117654

Cited 16 times | Published

the alleged period of employment. See 29 C.F.R. § 791.2(a) ("A single individual may stand in the relation

Leach v. Johnston

812 F. Supp. 1198, 1992 WL 436560

District Court, M.D. Florida | Filed: Oct 7, 1992 | Docket: 1355250

Cited 14 times | Published

29 C.F.R. § 500.20(h)(4)(i); see also 29 C.F.R. § 791.2(b)(2), (3); Maldonado v. Lucca, 629 F.Supp. 483

Phantom of Brevard, Inc. v. Brevard County

3 So. 3d 309, 33 Fla. L. Weekly Supp. 1002, 2008 Fla. LEXIS 2431, 2008 WL 5333392

Supreme Court of Florida | Filed: Dec 23, 2008 | Docket: 1653271

Cited 13 times | Published

registered with the division." § 791.02(2), Fla. Stat. Significantly, section 791.02(1) prohibits the use and

Leandre Layton v. DHL Express, Inc.

686 F.3d 1172, 19 Wage & Hour Cas.2d (BNA) 513, 2012 WL 2687961, 2012 U.S. App. LEXIS 13978

Court of Appeals for the Eleventh Circuit | Filed: Jul 9, 2012 | Docket: 877151

Cited 11 times | Published

all the facts in the particular case.” 29 C.F.R. § 791.2(a). A joint-employment relationship will generally

Scullock v. State

377 So. 2d 682

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 423598

Cited 9 times | Published

014(2)(b)(2); to "offer" to sell fireworks, section 791.02; to "offer" to sell lottery tickets, section

Aimable v. Long & Scott Farms

20 F.3d 434, 1994 WL 144618

Court of Appeals for the Eleventh Circuit | Filed: May 10, 1994 | Docket: 64016709

Cited 8 times | Published

under FLSA is found in the regulations, 29 C.F.R. § 791.2 (1992). . "The term 'agricultural employer' means

Blake v. Batmasian

191 F. Supp. 3d 1370, 2016 U.S. Dist. LEXIS 82734, 2016 WL 3342322

District Court, S.D. Florida | Filed: Jun 13, 2016 | Docket: 64309267

Cited 5 times | Published

3d 1172, 1175 (11th Cir.2012) (citing 29 C.F.R. § 791.2(a)). In Villarreal v. Woodham, the Eleventh Circuit

Fanette v. Steven Davis Farms, LLC

28 F. Supp. 3d 1243, 2014 WL 2961239, 2014 U.S. Dist. LEXIS 89379

District Court, N.D. Florida | Filed: Jul 1, 2014 | Docket: 64295774

Cited 2 times | Published

workers. See 29 C.F.R. § 500.20(h)(4)-(5); 29 C.F.R. § 791.2(a). Thus, if Davis employed farm labor contractor

State v. Miketa

824 So. 2d 970, 2002 WL 1906131

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 1729369

Cited 2 times | Published

to an undercover detective, in violation of section 791.02, Florida Statutes (1999). This is a misdemeanor

Hurtado v. Raly Development, Inc.

281 F.R.D. 696, 2012 U.S. Dist. LEXIS 99277, 2012 WL 2873634

District Court, S.D. Florida | Filed: Jun 13, 2012 | Docket: 66047535

Cited 1 times | Published

3d 925, 929, 932-37 (11th Cir.1996); 29 C.F.R. § 791.2). . Indeed, Plaintiffs provide detailed dates

Phantom of Brevard, Inc. v. Brevard County

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

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 1679447

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 64842632

Cited 1 times | Published

appeal and remand for further proceedings. Section 791.02(1), Florida Statutes (2004), prohibits all

Armando Guevara v. Lafise Corp.

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 2025 | Docket: 68185765

Published

Argued: Jan 24, 2024

time under the [FLSA].” See 29 C.F.R. § 791.2(a); Falk v. Brennan, 414 U.S. 190, 195 (1973) (rec-

Ago

Florida Attorney General Reports | Filed: May 16, 2001 | Docket: 3257339

Published

regulates the sale of fireworks within this state.2 Section 791.02(1), Florida Statutes, makes it unlawful for

Santelices v. Cable Wiring

146 F. Supp. 2d 1318, 6 Wage & Hour Cas.2d (BNA) 1853, 2001 U.S. Dist. LEXIS 6786

District Court, S.D. Florida | Filed: Mar 6, 2001 | Docket: 2203578

Published

the alleged period of employment. See 29 C.F.R. § 791.2(a) ("A single individual may stand in the relation

Ago

Florida Attorney General Reports | Filed: Mar 29, 1993 | Docket: 3257940

Published

sale of fireworks in this state. Question One Section 791.02(1), F.S., makes it unlawful for any person

Kane v. State

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

District Court of Appeal of Florida | Filed: Apr 12, 1978 | Docket: 64564226

Published

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