Florida Statutes

Fla. Stat. § 791.04 (2025)

Sale at wholesale, etc., exempted.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4 cases, 2002–2008 · leading case: Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005).
Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005). · cites it 5× “See § 791.04, Fla. Stat. (2003). They can be sold to people holding local permits for outdoor public display.”
Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). · cites it 4× “; § 791.04, Fla. Stat. The governing bodies of counties and municipalities can adopt rules for granting permits for the public displays of fireworks by fair associations, amusement parks, or other organizations.”
State v. Miketa, 824 So. 2d 970 (Fla. 1st DCA 2002). · cites it 7× “See § 791.04, Fla. Stat. Presumably persons with expertise would supply affidavits in support of a traverse so stating.”
Phantom of Brevard, Inc. v. Brevard Cnty., 966 So. 2d 423 (Fla. 5th DCA 2007). “Section 791.04; or (3) [sic] The use [is] in conjunction with a bona fide agricultural use, as provided in F.”
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