Florida Senate - 2014 SB 314
By Senator Brandes
1 A bill to be entitled
2 An act relating to fireworks; repealing ss. 791.013
3 and 791.015, F.S., relating to the testing and
4 approval of sparklers and the registration of
5 manufacturers, distributors, wholesalers, and
6 retailers of sparklers; repealing s. 791.02, F.S.,
7 relating to the sale and use of fireworks; repealing
8 s. 791.03, F.S., relating to the bond for licensees;
9 amending ss. 791.01, 791.012, and 791.04, F.S.;
10 conforming provisions to changes made by the act;
11 providing an effective date.
13 Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Sections 791.013, 791.015, 791.02, and 791.03,
16 Florida Statutes, are repealed.
17 Section 2. Section 791.01, Florida Statutes, is amended to
19 791.01 Definitions.—As used in this chapter, the term:
(1) “Distributor” means any person engaged in the business
21 of selling sparklers to a wholesaler.
22 (1) (2) “Division” means the Division of the State Fire
23 Marshal of the Department of Financial Services.
24 (2) (3) “Explosive compound” means any chemical compound,
25 mixture, or device the primary or common purpose of which is to
26 function by the substantially instantaneous release of gas and
28 (3) (4)(a) “Fireworks” means and includes any combustible or
29 explosive composition or substance or combination of substances
30 or, except as otherwise hereinafter provided in this subsection,
31 any article prepared for the purpose of producing a visible or
32 audible effect by combustion, explosion, deflagration, or
33 detonation. The term includes blank cartridges and toy cannons
34 in which explosives are used, the type of balloons that which
35 require fire underneath to propel them, firecrackers, torpedoes,
36 skyrockets, roman candles, dago bombs, and any fireworks
37 containing any explosives or flammable compound or any tablets
38 or other device containing any explosive substance.
39 (b) “Fireworks” does not include sparklers approved by the
40 division pursuant to s. 791.013; toy pistols, toy canes, toy
41 guns, or other devices in which paper caps containing twenty
42 five hundredths grains or less of explosive compound are used,
43 providing they are so constructed that the hand cannot come in
44 contact with the cap when in place for the explosion; and toy
45 pistol paper caps which contain less than twenty hundredths
46 grains of explosive mixture, the sale and use of which is
47 authorized shall be permitted at all times.
48 (c) “Fireworks” also does not include the following
49 novelties and trick noisemakers:
50 1. A snake or glow worm, which is a pressed pellet of not
51 more than 10 grams of pyrotechnic composition that produces a
52 large, snakelike ash that which expands in length as the pellet
53 burns and that does not contain mercuric thiocyanate.
54 2. A smoke device, which is a tube or sphere containing not
55 more than 10 grams of pyrotechnic composition that, upon
56 burning, produces white or colored smoke as the primary effect.
57 3. A trick noisemaker, which is a device that produces a
58 small report intended to surprise the user and which includes:
59 a. A party popper, which is a small plastic or paper device
60 containing not more than 16 milligrams of explosive composition
61 that is friction sensitive, which is ignited by pulling a string
62 protruding from the device, and which expels a paper streamer
63 and produces a small report.
64 b. A booby trap, which is a small tube with a string
65 protruding from both ends containing not more than 16 milligrams
66 of explosive compound, which is ignited by pulling the ends of
67 the string, and which produces a small report.
68 c. A snapper, which is a small, paper-wrapped device
69 containing not more than four milligrams of explosive
70 composition coated on small bits of sand, and which, when
71 dropped, explodes, producing a small report. A snapper may not
72 contain more than 250 milligrams of total sand and explosive
74 d. A trick match, which is a kitchen or book match which is
75 coated with not more than 16 milligrams of explosive or
76 pyrotechnic composition and which, upon ignition, produces a
77 small report or shower of sparks.
78 e. A cigarette load, which is a small wooden peg that has
79 been coated with not more than 16 milligrams of explosive
80 composition and which produces, upon ignition of a cigarette
81 containing one of the pegs, a small report.
82 f. An auto burglar alarm, which is a tube which contains
83 not more than 10 grams of pyrotechnic composition that produces
84 a loud whistle or smoke when ignited and which is ignited by use
85 of a squib. A small quantity of explosive, not exceeding 50
86 milligrams, may also be used to produce a small report.
88 The sale and use of items listed in this paragraph are permitted
89 at all times.
90 (5) “Manufacturer” means any person engaged in the
91 manufacture or construction of sparklers in this state.
92 (6) “Retailer” means any person who, at a fixed place of
93 business, is engaged in selling sparklers to consumers at
95 (7) “Seasonal retailer” means any person engaged in the
96 business of selling sparklers at retail in this state from June
97 20 through July 5 and from December 10 through January 2 of each
99 (4) (8) “Sparkler” means a device which emits showers of
100 sparks upon burning, does not contain any explosive compounds,
101 does not detonate or explode, is handheld or ground based,
102 cannot propel itself through the air, and contains not more than
103 100 grams of the chemical compound which produces sparks upon
104 burning. Any sparkler that is not approved by the division is
105 classified as fireworks.
106 (9) “Wholesaler” means any person engaged in the business
107 of selling sparklers to a retailer.
108 Section 3. Section 791.012, Florida Statutes, is amended to
110 791.012 Minimum fireworks safety standards.—The outdoor
111 display of fireworks in this state shall be governed by the
112 National Fire Protection Association (NFPA) 1123, Code for
113 Fireworks Display, 1995 Edition, approved by the American
114 National Standards Institute. Any state, county, or municipal
115 law, rule, or ordinance may provide for more stringent
116 regulations for the outdoor display of fireworks, but in no
117 event may any such law, rule, or ordinance provide for less
118 stringent regulations for the outdoor display of fireworks. The
119 division shall adopt promulgate rules to carry out the
120 provisions of this section. The Code for Fireworks Display does
121 shall not govern the display of any fireworks on private,
122 residential property and does shall not govern the display of
123 those items included under s. 791.01(3)(b) and (c) s.
124 791.01(4)(b) and (c) and authorized for sale thereunder.
125 Section 4. Section 791.04, Florida Statutes, is amended to
127 791.04 Exemptions Sale at wholesale, etc., exempted.
128 Nothing in This chapter does not: shall be construed to prohibit
129 any manufacturer, distributor, or wholesaler who has registered
130 with the division pursuant to s. 791.015 to sell at wholesale
131 such fireworks as are not herein prohibited; to prohibit the
132 sale of any kind of fireworks at wholesale between
133 manufacturers, distributors, and wholesalers who have registered
134 with the division pursuant to s. 791.015; to prohibit the sale
135 of any kind of fireworks provided the same are to be shipped
136 directly out of state by such manufacturer, distributor, or
137 wholesaler; to prohibit the sale of fireworks to be used by a
138 person holding a permit from any board of county commissioners
139 at the display covered by such permit; or to
140 (1) Prohibit the use of fireworks by railroads or other
141 transportation agencies for signal purposes or illumination or
142 when used in quarrying or for blasting or other industrial use. ,
143 (2) Prohibit or the sale or use of blank cartridges for a
144 show or theater, or for signal or ceremonial purposes in
145 athletics or sports, or for use by military organizations, or
146 organizations composed of the Armed Forces of the United
147 States. ; provided, nothing in this chapter shall be construed as
149 (3) Prohibit the operations of manufacturers, duly
150 licensed, from manufacturing, experimenting, exploding, and
151 storing such fireworks in their compounds or proving grounds.
152 Section 5. This act shall take effect upon becoming a law.