CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205
...hat none of the provisions challenged by Phantom Fireworks directly conflict with the provisions of chapter 791. We affirm the judgment with the exception of one sentence of section 2 of the ordinance, which we conclude to be in direct conflict with section 791.06, Florida Statutes (2003)....
...ized or prohibited from regulating sales for this use. Id. All manufacturers, distributors, wholesalers of fireworks, and those retailers selling sparklers must register with the Division of the State Fire Marshal. See §
791.015, Fla. Stat. (2003). Section
791.06 provides that a violation of this chapter is a first-degree misdemeanor punishable by a term of imprisonment not to exceed one year....
...791. We address the substance of each of those provisions and Phantom Fireworks' claim of conflict in turn: A. The Penalties in Section 2 of the Ordinance. Phantom Fireworks asserts that section 2 of the ordinance conflicts with sections
791.05 and
791.06 by imposing additional penalties for a violation of the provisions of chapter 791....
...Section 1-8 of the Pinellas County Code makes a violation of its provisions punishable by a fine of $500 or imprisonment in the county jail for a term not exceeding sixty days. The criminal penalty provided by the ordinance for a violation of its terms is not more severe than the penalty provided by section
791.06. While a violation of the *1021 statute is a first-degree misdemeanor, a violation of the ordinance permits a penalty similar to those imposed for second-degree misdemeanors. See §§
775.082(4)(a), (b),
791.06....
...Certain provisions of ordinance 03-48 simply require compliance with provisions of chapter 791. The final sentence of section 62-82(1), as amended, would therefore appear to permit the County to impose an additional fine or term of imprisonment on a person in addition to a criminal penalty imposed on that person under section 791.06. To the extent this could increase the penalty provided for in section 791.06 simply for a violation of the terms of chapter 791, the ordinance is in conflict....
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Cited as authorityD'Agastino (2017)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1906131
...appellate capacity. We deny the petition. I. The State charged defendant-respondent John Miketa with the illegal sale of fireworks to an undercover detective, in violation of section
791.02, Florida Statutes (1999). This is a misdemeanor charge, id. §
791.06, which was filed in the county court....
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Cited as authorityOrtega (2003)phrase: "rule_authority"
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
s.
791.01(4), F.S., defining "Fireworks." 2 Section
791.06, F.S., which provides that any firm, copartnership
