Florida Statute 791.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

View Entire Chapter

F.S. 791.04

791.04 Sale at wholesale, etc., exempted.—Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds.

History.—s. 4, ch. 20445, 1941; s. 1, ch. 61-312; s. 5, ch. 87-118.

F.S. 791.04 on Google Scholar

F.S. 791.04 on Casetext

Amendments to 791.04

Arrestable Offenses / Crimes under Fla. Stat. 791.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 791.04.

Annotations, Discussions, Cases:

Cases Citing Statute 791.04

Total Results: 13

Phantom of Brevard, Inc. v. Brevard County

Court: Fla. | Date Filed: 2008-12-23T00:00:00-08:00

Citation: 3 So. 3d 309

Snippet: displays of fireworks. See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat. The governing bodies of counties and… manufacturers, distributers, or wholesalers. § 791.04, Fla. Stat. Moreover, chapter 791 exempts the use

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: industrial purpose in accordance with F.S. Section 791.04; or (3) [sic] The use [is] in conjunction with

Ago

Court: Fla. Att'y Gen. | Date Filed: 2006-07-20T00:53:00-07:00

Snippet: substantially the following question: Does section 553.791(4), Florida Statutes, permit the substitution of a…performed by a local building official? Section 553.791(4), Florida Statutes, provides: "A fee owner…Charlie Crist Attorney General CC/tgh 1 Section 553.791(4)(a)-(c), Fla. Stat. 2 Section 6, Ch. 2006-65, Laws

Ago

Court: Fla. Att'y Gen. | Date Filed: 2006-06-16T00:53:00-07:00

Snippet: the following questions: 1. Does section 553.791(4), Florida Statutes, provide options regarding the…code inspection services? 2. Does section 553.791(4), Florida Statutes, establish criteria for choosing…services? You ask for an interpretation of section 553.791(4), Florida Statutes, which provides that a fee owner…questions will be addressed together. Section 553.791(4), Florida Statutes, provides: "A fee owner…and currently reflected in the text of section553.791(4), Florida Statutes, deleted a provision allowing

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

Snippet: except as otherwise allowed in chapter 791. Sections 791.04 and 791.07 list the numerous categories of permitted…aquacultural use in frightening birds. §§ 791.02, 791.04, 791.07. . Discount did not challenge the ordinance

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: manufacturers, distributors, or wholesalers. See § 791.04, Fla. Stat. (2003). They can be sold to people … for use by military organizations. . . . See § 791.04.[4] Finally, fireworks may be lawfully sold and…states: "Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes . . . it shall be …argues that this requirement conflicts with chapter 791.04, which, it maintains, "exempts wholesale sales…excepts acts that are permitted by sections 791.02, 791.04, and 791.07. Thus the ordinance does not prohibit

State v. Miketa

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

Citation: 824 So. 2d 970

Snippet: foregoing documents is section 791.04, Florida Statutes. It provides: 791.04 Sale at wholesale, etc., exempted… age or older, and that he had reviewed Section 791.04 of Chapter 791, Florida Statutes, and that his …years of age or older. I have reviewed Section 791.04 of Chapter 791, Florida Statutes, and my purchase…judge affirmed with an order which stated: F.S. 791.04 provides exemption for numerous types of sales.… a railroad, quarry, or other enterprise. See § 791.04, Fla. Stat. Presumably persons with expertise would

Ago

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

Snippet: compliance with a statutory exemption under section 791.04 Florida Statutes, on a form provided by the seller…code make the transaction illegal under section 791.04, Florida Statutes? In sum: 1. This issue is currently…does not make a transaction illegal under section 791.04, Florida Statutes. Question One Chapter 791, Florida…penalties for violations of its terms.3 Section 791.04, Florida Statutes, however, provides: "Nothing…compliance with a statutory exemption under section 791.04, Florida Statutes, on a form provided by the seller

Bridges v. Motorola, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-11-30T23:53:00-08:00

Citation: 646 So. 2d 790

Snippet: disability" benefits are included in subsection *791 (4) of section 440.15. Prior to the 1990 amendments

Ago

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

Snippet: state that it has come to your attention that s. 791.04, F.S., is being relied upon by fireworks sellers… following questions: 1)Does the language in s. 791.04, F.S., permitting the sale of fireworks shipped…;s place of business? 2)Does the exception in s.791.04, F.S., for the sale of fireworks shipped directly…Marshal to sell fireworks in this state? 3)Does s. 791.04, F.S., authorize the sale of fireworks to consumers…consumers in this state? In sum: 1)Section 791.04, F.S., in permitting the sale of fireworks shipped directly

Palm Beach County v. Town of Palm Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-13T00:00:00-07:00

Citation: 507 So. 2d 1154

Snippet: 18,437 35,088 $84,325 Interest @ 12% to 10/01/85 6,791 4,389 3,319 2,105 16,604 Total $22,960 19,020 21,756

Ago

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

Snippet: 791.02,791.05, and 791.06. As to sales at wholesale, see s. 791.04; cf. AGO 071-124. As to agricultural and fish hatchery

Shiver v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-02-26T23:53:00-08:00

Citation: 327 So. 2d 251

Snippet: clearly admissible. State v. Clarke, 242 So.2d 791 (4 DCA Fla.App. 1970); Harris v. United States, 390