Florida Statutes
Fla. Stat. § 791.07 (2025)
Agricultural and fish hatchery use.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
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.”
Notes of Decisions
Cited in 3
cases, 2005–2008 · 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). “" See § 791.07, Fla. Stat. (2003). Only the Department of Agriculture *1017 and Consumer Services may create rules regulating this unusual "use," but no governmental agency or subdivision is expressly authorized or prohibited from regulating sales for this use.”
Phantom of Brevard, Inc. v. Brevard Cnty., 3 So. 3d 309 (Fla. 2008). “” § 791.07, Fla. Stat. This last use “shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services.”
Phantom of Brevard, Inc. v. Brevard Cnty., 966 So. 2d 423 (Fla. 5th DCA 2007). “Section 791.07 and the applicable provision of the Florida Administrative Code.”
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