Florida Statute 791.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

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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: Supreme Court of Florida | Date Filed: 2008-12-23

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

Snippet: displays of fireworks. See § 791.02(1), Fla. Stat.; § 791.04, Fla. Stat. The governing bodies of counties and

Phantom of Brevard, Inc. v. Brevard County

Court: District Court of Appeal of Florida | Date Filed: 2007-08-31

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-07-20

Snippet: substantially the following question: Does section 553.791(4), Florida Statutes, permit the substitution of a

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-06-16

Snippet: the following questions: 1. Does section 553.791(4), Florida Statutes, provide options regarding the

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

Court: District Court of Appeal of Florida | Date Filed: 2006-03-10

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

Snippet: except as otherwise allowed in chapter 791. Sections 791.04 and 791.07 list the numerous categories of permitted

Phantom of Clearwater v. Pinellas County

Court: District Court of Appeal of Florida | Date Filed: 2005-01-14

Citation: 894 So. 2d 1011, 2005 Fla. App. LEXIS 184

Snippet: manufacturers, distributors, or wholesalers. See § 791.04, Fla. Stat. (2003). They can be sold to people

State v. Miketa

Court: District Court of Appeal of Florida | Date Filed: 2002-08-21

Citation: 824 So. 2d 970, 2002 WL 1906131

Snippet: age or older, and that he had reviewed Section 791.04 of Chapter 791, Florida Statutes, and that his

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-05-16

Snippet: compliance with a statutory exemption under section 791.04 Florida Statutes, on a form provided by the seller

Bridges v. Motorola, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-12-01

Citation: 646 So. 2d 790, 1994 WL 668210

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

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Court: Florida Attorney General Reports | Date Filed: 1993-03-29

Snippet: state that it has come to your attention that s. 791.04, F.S., is being relied upon by fireworks sellers

Palm Beach County v. Town of Palm Beach

Court: District Court of Appeal of Florida | Date Filed: 1987-05-13

Citation: 507 So. 2d 1154, 12 Fla. L. Weekly 1253, 1987 Fla. App. LEXIS 8150

Snippet: 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: Florida Attorney General Reports | Date Filed: 1976-08-30

Snippet: 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: District Court of Appeal of Florida | Date Filed: 1976-02-27

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