Florida Statute 791.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 791
SALE OF FIREWORKS

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F.S. 791.08

791.08 Use during designated holidays; exemption.—

(1) As used in this section, the term “designated holiday” means:

(a) New Year’s Day, January 1;

(b) Independence Day, July 4; or

(2) This chapter does not prohibit the use of fireworks solely and exclusively during a designated holiday. This section is not intended to provide for the comprehensive regulation of fireworks as described in s. 10(5), chapter 2007-67, Laws of Florida, or to supersede any local governmental regulation relating to the use of fireworks as provided in s. 10(5), chapter 2007-67, Laws of Florida.

(3) The Legislature does not intend for the application of this section to supersede any prohibition against the use of fireworks contained within a legally executed and properly recorded declaration of covenants or covenant running with the land of any homeowners’ association pursuant to chapter 720. However, a homeowners’ association, through a board of directors, may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during a designated holiday or under general law.

History.—s. 1, ch. 2020-11.

F.S. 791.08 on Google Scholar

F.S. 791.08 on Casetext

Amendments to 791.08

Arrestable Offenses / Crimes under Fla. Stat. 791.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 791.08.

Annotations, Discussions, Cases:

Cases Citing Statute 791.08

Total Results: 4

Schiller v. Schiller

Court: District Court of Appeal of Florida | Date Filed: 1993-10-05

Citation: 625 So. 2d 856, 1993 WL 393621

Snippet: 4th DCA 1986). [7] 59 Am.Jur.2d Partnership 791. [8] Dickinson v. Segal, 219 So.2d 435 (Fla. 1969);

Mash v. Express One International, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1991-09-18

Citation: 585 So. 2d 1154, 1991 Fla. App. LEXIS 9084

Snippet: International, Inc., (Express One) a judgment for $469,791.08, plus interest, against implead-ed third parties

Johnson v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 1988-01-08

Citation: 517 So. 2d 790, 1988 WL 352

Snippet: same year, 1966, the wife and her father borrowed *791 $8,800 to start a business, using the duplex as security

State v. Ciongoli

Court: District Court of Appeal of Florida | Date Filed: 1975-04-18

Citation: 313 So. 2d 41

Snippet: allegedly suggestive show-up procedures", 39 A.L.R.3d 791. [8] See Note: The Fourth Amendment Exclusionary Rule: