Florida Statute 791.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

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F.S. 791.07

791.07 Agricultural and fish hatchery use.—Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services.

History.—s. 1, ch. 29780, 1955; s. 1, ch. 57-336; ss. 14, 35, ch. 69-106; s. 1, ch. 82-109.

Note.—Section 10(5), ch. 2007-67, provides that “[p]ending completion of the Legislature’s review of the task force’s report and to ensure that fire prevention and safety standards are uniform, a new permanent retail sales facility engaged in sales otherwise permitted under s. 791.07, Florida Statutes, may not be opened in this state after March 8, 2007, unless the permanent retail sales facility has received site-plan approval and construction has begun on or before March 8, 2007; the number of permits for temporary retail sales facilities, such as tents, engaged in sales otherwise permitted by s. 791.07, Florida Statutes, which are issued after March 8, 2007, by a county, municipality, or other unit of local government may not exceed the number of permits that such governmental entity issued for such facilities during the previous calendar year; and a municipality, county, or other unit of local government may not adopt an ordinance, rule, regulation, or other law after March 8, 2007, which directly prohibits or directly interferes with the safety standards established by state law or the right to purchase, sell, use, or possess consumer fireworks in this state. However, if the Legislature enacts legislation to provide for the comprehensive regulation of fire prevention and safety standards for the use of consumer fireworks to replace this subsection on or before July 1, 2008, this subsection does not prohibit opening any such facility, permitting any such temporary facility, or adopting any such ordinance or other law after such legislation is enacted.”

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F.S. 791.07 on Casetext

Amendments to 791.07

Arrestable Offenses / Crimes under Fla. Stat. 791.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 791.07.

Annotations, Discussions, Cases:

Cases Citing Statute 791.07

Total Results: 9

ENERGY SMART INDUSTRY, LLC v. MILLENNIUM CONDOMINIUM ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-01T23:53:00-08:00

Snippet: .” Chemrock, 71 So. 3d at 791. 7 “the record activity requirement

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Court: Fla. Att'y Gen. | Date Filed: 2009-04-23T00:53:00-07:00

Snippet: regulation of the agricultural uses authorized by s. 791.07, Florida Statutes, may be inconsistent with legitimate…facility engaged in sales otherwise permitted under s. 791.07, Florida Statutes, may not be opened in this state…tents, engaged in sales otherwise permitted by s. 791.07, Florida Statutes, which are issued after March

Phantom of Brevard, Inc. v. Brevard County

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

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

Snippet: agricultural works and fish hatcheries." § 791.07, Fla. Stat. This last use "shall be governed

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: fide agricultural use, as provided in F.S. Section 791.07 and the applicable provision of the Florida Administrative

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, 2006 Fla. App. LEXIS 3445, 2006 WL 572007

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

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: agricultural works and fish hatcheries." See § 791.07, Fla. Stat. (2003). Only the Department of Agriculture…Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes . . . it shall be unlawful for…that are permitted by sections 791.02, 791.04, and 791.07. Thus the ordinance does not prohibit a wholesale…Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, or under division 2 of this …Agriculture and Consumer Services under Section 791.07, Florida Statutes, purchases firecrackers for frightening

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

Snippet: compliance with a statutory exemption under section 791.07 Florida Statutes, on a form provided by the seller…eligible to acquire fireworks pursuant to section 791.07, Florida Statutes. 3. The collection of sales tax…fits a statutory exemption. Question Two Section 791.07, Florida Statutes, provides that nothing in Chapter…qualify for the exception recognized by section 791.07, Florida Statutes. The signing of an affidavit …eligible to acquire fireworks pursuant to section 791.07, Florida Statutes. Question Three It is the nature

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

Snippet: Forces of the United States . . . . In addition, s. 791.07, F.S., provides that nothing in Ch. 791, F.S.,

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

Snippet: As to agricultural and fish hatchery use, see s.791.07; cf. AGO 071-124. Florida Attorney General