Florida Senate - 2008 SB 2270
By Senator Lawson
6-02888-08 20082270__
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A bill to be entitled
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An act relating to fireworks; amending s. 791.001, F.S.;
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specifying persons and entities responsible for enforcing
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ch. 791, F.S.; amending s. 791.01, F.S.; providing
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additional definitions; amending s. 791.012, F.S.;
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conforming a cross-reference; amending s. 791.015, F.S.;
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revising registration requirements for manufacturers,
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distributors, and wholesalers of sparklers or fireworks
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and retailers of sparklers; requiring a separate
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registration for each location at which sparklers are
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sold; increasing certain registration fees; creating s.
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791.016, F.S.; providing for issuance of cease and desist
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orders; creating s. 791.017, F.S.; providing for
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administrative fines; creating s. 791.018, F.S.; providing
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for suspension or revocation of registration and grounds
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therefor; creating s. 791.019, F.S.; providing duration of
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suspensions and revocations; amending s. 791.02, F.S.;
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providing for state issuance of permits for displays in
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the absence of a local mechanism; prohibiting the sale or
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delivery of sparklers to minors; prohibiting sales from
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motorized or movable apparatus; creating s. 791.021, F.S.;
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prescribing guidelines for the sale of sparklers; amending
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s. 791.04, F.S.; prescribing guidelines on the wholesale
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sale of fireworks; creating s. 791.041, F.S.; requiring
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records of sales to be kept and prescribing duties of
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sellers; amending s. 791.05, F.S.; revising provisions and
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procedures relating to forfeiture of contraband fireworks;
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authorizing an assessment of attorney's fees and costs;
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amending s. 791.055, F.S.; providing restrictions on the
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storage of sparklers and fireworks; amending s. 791.06,
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F.S.; providing penalties for violations, including
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enhanced penalties for second and subsequent violations;
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creating s. 791.061, F.S.; providing for injunctive
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relief; amending s. 791.07, F.S.; prescribing additional
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guidelines on agricultural and fish hatchery use of
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fireworks; creating s. 791.08, F.S.; declaring that the
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state has not preempted the field of fireworks regulation;
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requiring that local ordinances and rules must be more
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stringent than state law; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 791.001, Florida Statutes, is amended to
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read:
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791.001 Application and enforcement.--This chapter shall be
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applied uniformly throughout the state. The State Fire Marshal or
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a designated agent under his or her authority, any sheriff or
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sheriff's deputy, any other law enforcement agency or law
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enforcement officer, or any certified firesafety inspector
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charged with enforcing the laws of this state or any state agency
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rule, county or municipal ordinance, or code provision has
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jurisdiction to enforce this chapter. Enforcement of this chapter
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shall remain with local law enforcement departments and officials
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charged with the enforcement of the laws of the state.
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Section 2. Section 791.01, Florida Statutes, is amended to
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read:
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791.01 Definitions.--As used in this chapter, the term:
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(1) "Authority having jurisdiction" means the state; any
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county, municipality, or special district; or any local or other
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regional department, bureau, or individual such as a fire chief,
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fire marshal, administrative head of a fire prevention bureau,
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law enforcement officer, building official, or other person
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having statutory authority to enforce the laws of this state or
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any state agency rule, county or municipal ordinance, or code
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provision.
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(2) "Distributor of fireworks" means any person or
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organization engaged in the business of selling fireworks.
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(3)(1) "Distributor of sparklers" means any person or
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organization engaged in the business of selling sparklers to a
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wholesaler.
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(4)(2) "Division" means the Division of the State Fire
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Marshal of the Department of Financial Services.
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(5)(3) "Explosive compound" means any chemical compound,
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mixture, or device the primary or common purpose of which is to
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function by the substantially instantaneous release of gas and
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heat.
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(6)(4)(a) "Fireworks" means and includes any combustible or
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explosive composition or substance or combination of substances
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or, except as hereinafter provided, any article prepared for the
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purpose of producing a visible or audible effect by combustion,
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explosion, deflagration, or detonation. The term includes blank
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cartridges and toy cannons in which explosives are used, the type
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of balloons which require fire underneath to propel them,
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firecrackers, torpedoes, skyrockets, roman candles, dago bombs,
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and any fireworks containing any explosives or flammable compound
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or any tablets or other device containing any explosive
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substance.
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(b) "Fireworks" does not include sparklers approved by the
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division pursuant to s. 791.013; toy pistols, toy canes, toy
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guns, or other devices in which paper caps containing twenty-five
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hundredths grains or less of explosive compound are used,
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providing they are so constructed that the hand cannot come in
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contact with the cap when in place for the explosion; and toy
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pistol paper caps which contain less than twenty hundredths
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grains of explosive mixture, the sale and use of which shall be
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permitted at all times.
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(c) "Fireworks" also does not include the following
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novelties and trick noisemakers:
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1. A snake or glow worm, which is a pressed pellet of not
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more than 10 grams of pyrotechnic composition that produces a
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large, snakelike ash which expands in length as the pellet burns
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and that does not contain mercuric thiocyanate.
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2. A smoke device, which is a tube or sphere containing not
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more than 10 grams of pyrotechnic composition that, upon burning,
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produces white or colored smoke as the primary effect.
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3. A trick noisemaker, which is a device that produces a
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small report intended to surprise the user and which includes:
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a. A party popper, which is a small plastic or paper device
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containing not more than 16 milligrams of explosive composition
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that is friction sensitive, which is ignited by pulling a string
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protruding from the device, and which expels a paper streamer and
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produces a small report.
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b. A booby trap, which is a small tube with a string
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protruding from both ends containing not more than 16 milligrams
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of explosive compound, which is ignited by pulling the ends of
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the string, and which produces a small report.
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c. A snapper, which is a small, paper-wrapped device
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containing not more than four milligrams of explosive composition
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coated on small bits of sand, and which, when dropped, explodes,
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producing a small report. A snapper may not contain more than
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250 milligrams of total sand and explosive composition.
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d. A trick match, which is a kitchen or book match which is
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coated with not more than 16 milligrams of explosive or
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pyrotechnic composition and which, upon ignition, produces a
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small report or shower of sparks.
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e. A cigarette load, which is a small wooden peg that has
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been coated with not more than 16 milligrams of explosive
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composition and which produces, upon ignition of a cigarette
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containing one of the pegs, a small report.
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f. An auto burglar alarm, which is a tube which contains
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not more than 10 grams of pyrotechnic composition that produces a
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loud whistle or smoke when ignited and which is ignited by use of
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a squib. A small quantity of explosive, not exceeding 50
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milligrams, may also be used to produce a small report.
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The sale and use of items listed in this paragraph are permitted
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at all times.
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(7) "Fixed location" means a building or structure that is
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intended to remain in place for a period of more than 180
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consecutive days.
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(8) "Manufacturer of fireworks" means any person or
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organization engaged in the manufacture or construction of
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fireworks in this state.
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(9)(5) "Manufacturer of sparklers" means any person or
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organization engaged in the manufacture or construction of
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sparklers in this state.
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(10) "Organization" means any club, group, association,
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church or other religious entity, nonprofit corporation, or
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similar entity.
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(11) "Person" includes any individual person and any firm,
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sole proprietorship, partnership, corporation, limited liability
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corporation or partnership, professional association, or other
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similar entity.
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(12)(6) "Retailer" means any person who, at a fixed
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location place of business, is engaged in selling sparklers to
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consumers at retail.
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(13)(7) "Seasonal retailer" means any person engaged in the
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business of selling sparklers at retail in this state from June
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20 through July 5 and from December 10 through January 2 of each
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year.
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(14)(8) "Sparkler" means a device which emits showers of
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sparks upon burning, does not contain any explosive compounds,
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does not detonate or explode, is hand held or ground based,
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cannot propel itself through the air, and contains not more than
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100 grams of the chemical compound which produces sparks upon
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burning. Any sparkler that is not approved by the division is
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classified as fireworks.
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(15) "Wholesaler of fireworks" means any person or
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organization engaged in the business of selling fireworks to
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another wholesaler, a distributor, or a manufacturer registered
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under this chapter or for agricultural or public display
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purposes.
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(16)(9) "Wholesaler of sparklers" means any person or
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organization engaged in the business of selling sparklers to a
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retailer.
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Section 3. Section 791.012, Florida Statutes, is amended to
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read:
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791.012 Minimum fireworks safety standards.--The outdoor
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display of fireworks in this state shall be governed by the
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National Fire Protection Association (NFPA) 1123, Code for
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Fireworks Display, 1995 Edition, approved by the American
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National Standards Institute. Any state, county, or municipal
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law, rule, or ordinance may provide for more stringent
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regulations for the outdoor display of fireworks, but in no event
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may any such law, rule, or ordinance provide for less stringent
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regulations for the outdoor display of fireworks. The division
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shall adopt promulgate rules to carry out the provisions of this
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section. The Code for Fireworks Display shall not govern the
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display of any fireworks on private, residential property and
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shall not govern the display of those items included under s.
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sale thereunder.
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Section 4. Section 791.015, Florida Statutes, is amended to
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read:
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791.015 Registration of manufacturers, distributors, and
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wholesalers of sparklers or fireworks, and retailers of
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sparklers.--
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(1) REGISTRATION REQUIREMENTS.--An organization or
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individual may not engage in the business of manufacturing,
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distributing, or selling at wholesale or retail any firework or
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sparkler except as provided in this section. Any manufacturer,
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distributor, or wholesaler of sparklers or fireworks and any,
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retailer, or seasonal retailer of sparklers who wishes to do
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business in this state or to otherwise sell, ship, or assign for
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sale its products in this state must register annually with the
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division on forms prescribed by the division. A manufacturer,
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distributor, wholesaler, retailer, or seasonal retailer must
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submit a separate registration form and a separate registration
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fee for each location where sparklers will be sold. A
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manufacturer, distributor, or wholesaler who wishes to engage in
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the business of manufacturing, distributing, or selling fireworks
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to the extent allowed in this chapter must submit a separate
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registration form and a separate registration fee for each
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location where fireworks will be manufactured or sold.
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Registration certificates issued by the division shall be
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displayed on the premises and made available for immediate
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inspection by the authority having jurisdiction or the division.
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A person may not alter, deface, or copy a certificate of
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registration. Any retailer who sells sparklers at more than one
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retail location may submit one registration form for all such
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locations but must provide the address of each location with the
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registration form; however, any retailer may submit multiple
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registration forms.
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(2) REGISTRATION FORM.--The registration form filed with
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the division must be notarized and must include the following
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information: name of the individual, if the certificate is to be
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held in an individual capacity; business name; address; telephone
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number; officers, if the business is a corporation; and an
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individual designated as a contact person. The form for
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application for registration by the division must be accompanied
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by evidence of registration with the Department of Revenue under
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chapter 212.
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(3) FEES.--
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(a) Each manufacturer, distributor, or wholesaler must pay
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an annual registration fee to be set by the division not to
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exceed $1,000 for each manufacturer, distributor, or wholesale
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location registered. Each seasonal retailer must pay an annual
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registration fee to be set by the division not to exceed $200 for
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each seasonal retailer location registered. Each retailer shall
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pay an annual registration fee to be set by the division not to
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exceed $25 $15 for each retail location registered. Each
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certificateholder wishing to have a duplicate certificate issued
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for one which is lost or to reflect a change of mailing address
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shall request such duplicate in writing and shall pay a fee of
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$15 $5. A duplicate may not be issued to indicate a change in
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business location. A change in business location requires a new
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application for registration and fee.
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(b) Revenue from registration fee payments shall be
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deposited in the Insurance Regulatory Trust Fund for the purposes
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of implementing the registration and testing provisions of this
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chapter.
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(4) RULES.--The State Fire Marshal may adopt rules
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prescribing registration forms required by this section.
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Section 5. Section 791.016, Florida Statutes, is created to
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read:
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791.016 Procedures for cease and desist orders;
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administrative fine.--
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(1) Any time the division has reason to believe that a
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person is or has been violating this chapter or any rule adopted
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under this chapter, the division shall determine the matter by
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issuing a notice of intent to issue a cease and desist order and
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provide an opportunity for a hearing and all other requirements
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of chapter 120.
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(2) If the division determines that the acts complained of
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are in violation of any provision of this chapter or any rule
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adopted under this chapter, the division shall issue a final
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order requiring the person to cease and desist from the violation
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or imposing an administrative fine, or both.
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(3) This section shall be enforced as provided in chapter
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120.
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Section 6. Section 791.017, Florida Statutes, is created to
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read:
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791.017 Administrative fines.--
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(1) If a person violates any provision of this chapter or
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any rule adopted under this chapter, or violates a cease and
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desist order, the division may impose an administrative fine, not
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to exceed $1,000 for each violation, or suspend or revoke the
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certificate of registration issued.
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(2) The division may allow the certificateholder a
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reasonable time, not to exceed 30 days, to pay the penalty in its
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entirety to the division. If the certificateholder fails to pay
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the penalty in its entirety within the period allowed, the
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division shall revoke the certificates held.
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(3) If a cease and desist order has been issued, each day
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the cease and desist order is violated constitutes a separate
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violation for purposes of assessing an administrative fine.
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(4) If the violation is based on an unlawful sale, each
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sale constitutes a separate violation for purposes of assessing
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an administrative fine.
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(5) The maximum administrative fine imposed on any person
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or organization may not exceed $500,000.
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Section 7. Section 791.018, Florida Statutes, is created to
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read:
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791.018 Grounds for suspension or revocation of
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registration certificate for manufacturers, distributors,
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wholesalers, and retailers.--
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(1) The division may suspend or revoke the registration
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certificate of manufacturers, distributors, wholesalers, and
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retailers for one or more of the following grounds:
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(a) Material misstatement, misrepresentation, or fraud in
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obtaining the registration certificate or in attempting to obtain
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a registration certificate.
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(b) Wilful use of a registration certificate to circumvent
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any requirement or prohibition in this chapter.
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(c) Fraudulent or dishonest practices in the conduct of
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business under the authority of the registration certificate.
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(d) Violation of or failure to comply with any order or
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rule of the division or any provision of this chapter.
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(2) This section shall be enforced as provided in chapter
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120.
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Section 8. Section 791.019, Florida Statutes, is created to
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read:
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791.019 Duration of suspension or revocation.--
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(1) The division shall, in its order suspending the
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registration certificate of an individual, firm, partnership,
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association, group, or corporation, specify the period during
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which the suspension is to be effective; but such period may not
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exceed 2 years. The registration certificate shall remain
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suspended during the period specified, subject to any rescission
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or modification of the order by the division or modification or
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reversal thereof by the court prior to expiration of the
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suspension period. A registration certificate that has been
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suspended may not be reinstated except upon request for
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reinstatement; but the division may not grant such reinstatement
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if it finds that the circumstance or circumstances for which the
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registration certificate was suspended or revoked still exist or
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are likely to recur.
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(2) A person or organization holding a registration
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certificate revoked by the division may not apply for another
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registration certificate under this chapter within 2 years after
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the effective date of revocation or, if judicial review of
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revocation is sought, within 2 years after the date of the final
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court order or decree affirming the revocation order.
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(3) The division may not issue a registration certificate
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to any person or organization whose registration certificate has
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been revoked on two separate occasions.
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(4) During the period of suspension, or after revocation of
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the registration certificate, the former certificateholder may
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not engage in or attempt or profess to engage in any transaction
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or business for which a registration certificate is required by
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this chapter.
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Section 9. Section 791.02, Florida Statutes, is amended to
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read:
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791.02 Sale of fireworks regulated; rules and
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regulations.--
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(1) Except as hereinafter provided it is unlawful for any
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person or organization, firm, copartnership, or corporation to
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offer for sale, expose for sale, sell at retail, or use or
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explode any fireworks; provided that the board of county
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commissioners shall have power to adopt reasonable rules and
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regulations for the granting of permits for supervised public
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display of fireworks by fair associations, amusement parks, and
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other organizations or groups of individuals when such public
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display is to take place outside of any municipality; provided,
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further, that the governing body of any municipality shall have
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power to adopt reasonable rules and regulations for the granting
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of permits for supervised public display of fireworks within the
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boundaries of any municipality. Every such display shall be
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handled by a competent operator to be approved by the chiefs of
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the police and fire departments of the municipality in which the
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display is to be held, and shall be of such a character, and so
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located, discharged, or fired as in the opinion of the chief of
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the fire department, after proper inspection, shall not be
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hazardous to property or endanger any person. Application for
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permits shall be made in writing at least 15 days in advance of
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the date of the display. If the local authority licensing
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jurisdiction does not have a permit process for the public
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display of fireworks, applications shall be made to the State
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Fire Marshal. After such privilege shall have been granted,
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sales, possession, use, and distribution of fireworks for such
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display shall be lawful for that purpose only. No permit granted
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hereunder shall be transferable. Any public display of fireworks
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must be conducted in compliance with s. 791.012.
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(2) A sparkler or other product authorized for sale under
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this chapter may not be sold or shipped to any person younger
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than 18 years of age. A sparkler or other product authorized for
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sale under this chapter may not be sold by a retailer or seasonal
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retailer unless the product was obtained from a manufacturer,
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distributor, or wholesaler registered with the division pursuant
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to s. 791.015. Each retailer and seasonal retailer shall keep,
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at every location where sparklers are sold, a copy of an invoice
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or other evidence of purchase from the manufacturer, distributor,
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or wholesaler, which states the registration certificate number
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for the particular manufacturer, distributor, or wholesaler and
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the specific items covered by the invoice. Each seasonal
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retailer shall, in addition, exhibit a copy of his or her
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registration certificate at each retail or seasonal retail
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location. Retail sales may not be made from any type of motorized
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or movable apparatus. Sales from tents that meet all applicable
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codes and fire regulations are allowed.
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Section 10. Section 791.021, Florida Statutes, is created
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to read:
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791.021 Sale of sparklers.--
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(1) A person, organization, manufacturer, distributor,
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wholesaler, retailer, or seasonal retailer may not purchase,
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sell, or solicit to sell sparklers except in conformance with
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this chapter.
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(2) It is the responsibility of the person, organization,
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manufacturer, distributor, or wholesaler to determine that the
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purchaser is registered with the division.
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(3) It is the responsibility of the retailer or seasonal
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retailer of sparklers to determine that a purchaser is at least
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18 years of age, evidenced by the purchaser presenting a valid
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driver's license or a valid state identification card issued by
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the Department of Highway Safety and Motor Vehicles.
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Section 11. Section 791.04, Florida Statutes, is amended to
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read:
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791.04 Sale at wholesale, etc., exempted.--
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(1) A Nothing in this chapter shall be construed to
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prohibit any manufacturer, distributor, or wholesaler of
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fireworks who has registered with the division pursuant to s.
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791.015 may to sell at wholesale any such fireworks as are not
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herein prohibited to any manufacturer, distributor, or wholesaler
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of fireworks who has registered with the division and holds a
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current certificate of registration.
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(2) Fireworks shall be shipped or transported directly out
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of state or stored in compliance with s. 791.055 by the
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manufacturer, distributor, or wholesaler of fireworks.
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(3) Sale of fireworks may be made to a person holding a
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public display permit issued by the authority having jurisdiction
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for the purpose of conducting a public display of fireworks in
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compliance with s. 791.012. Transport must be by a bonded
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commercial carrier or by a person employed by the manufacturer,
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distributor, or wholesaler of fireworks. Transport must be
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accompanied by an invoice or bill of lading identifying the
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manufacturer, distributor, or wholesaler of fireworks with the
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current certificate of registration number on the invoice or bill
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of lading and an itemized list of the contents of the shipment.;
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to prohibit the sale of any kind of fireworks at wholesale
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between manufacturers, distributors, and wholesalers who have
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registered with the division pursuant to s. 791.015; to prohibit
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the sale of any kind of fireworks provided the same are to be
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shipped directly out of state by such manufacturer, distributor,
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or wholesaler; to prohibit the sale of fireworks to be used by a
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person holding a permit from any board of county commissioners at
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the display covered by such permit; or to prohibit the use of
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fireworks by railroads or other transportation agencies for
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signal purposes or illumination or when used in quarrying or for
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blasting or other industrial use, or the sale or use of blank
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cartridges for a show or theater, or for signal or ceremonial
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purposes in athletics or sports, or for use by military
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organizations, or organizations composed of the Armed Forces of
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the United States; provided, nothing in this chapter shall be
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construed as barring the operations of manufacturers, duly
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licensed, from manufacturing, experimenting, exploding, and
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storing such fireworks in their compounds or proving grounds.
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Section 12. Section 791.041, Florida Statutes, is created
448
to read:
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791.041 Maintenance of records and sales of fireworks by
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manufacturers, distributors, and wholesalers; inspections.--
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(1) A person, organization, manufacturer, distributor, or
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wholesaler may not purchase, sell, or solicit to sell fireworks
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except in conformance with this chapter.
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(2) Each sale or transaction must be evidenced by an
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invoice or sales ticket that bears the name, address, and
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certificate of registration number of the purchaser or, in the
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case of a sale conducted for public display, a copy of the permit
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issued by the authority having jurisdiction, the date of the
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sale, the products sold, and the quantity sold. All invoices and
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sales tickets shall be maintained by the manufacturer,
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distributor, or wholesaler of fireworks and a copy provided to
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the purchaser.
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(3) Such records shall be maintained for 5 years, subject
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to examination by the division or any official of this state with
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statutory authority under s. 791.001.
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(4) A person may not knowingly withhold information or make
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any false or fictitious entry or misrepresentation upon any sales
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invoice, sales ticket, or account of inventories.
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(5) It is the responsibility of the manufacturer,
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distributor, or wholesaler of fireworks to determine that a
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purchaser is at least 18 years of age, evidenced by the purchaser
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presenting a valid driver's license or a valid state
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identification card issued by the Department of Highway Safety
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and Motor Vehicles.
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(6) It is the responsibility of the manufacturer,
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distributor, or wholesaler of fireworks to determine, when
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selling fireworks under s. 791.04, that the purchaser is
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registered under s. 791.015, evidenced by the purchaser
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presenting a valid certificate of registration issued by the
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division. If the purchase of fireworks is for public display, the
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purchase must be evidenced by the purchaser presenting a public
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display permit issued by the authority having jurisdiction.
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Agricultural purchases shall be in compliance with s. 791.07.
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Section 13. Section 791.05, Florida Statutes, is amended to
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read:
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791.05 Contraband; seizure, forfeiture, and disposal of
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illegal fireworks.--
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(1) All fireworks or sparklers that are handled, delivered,
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possessed, manufactured, or distributed contrary to any provision
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of this chapter and all such fireworks or sparklers the lawful
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possession of which is not established or title to which cannot
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be ascertained are declared contraband and are subject to seizure
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and confiscation by any person or law enforcement agency whose
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duty it is to enforce this chapter.
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(2) The state attorney within whose jurisdiction the
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unlawful fireworks or sparklers have been seized or any such
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attorney as is employed by the seizing law enforcement agency
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shall promptly proceed against the contraband fireworks and show
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cause in the circuit court within the jurisdiction in which the
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seizure or offense occurred and may have such contraband article
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or articles forfeited to the law enforcement agency making the
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seizure upon showing proof that the contraband fireworks were
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being used or exist in violation of this chapter.
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(3) Any fireworks seized as evidence may be sample tested
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and weighed by the seizing agency after the seizure. Any such
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sample and analysis thereof may be admitted into evidence in any
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civil or criminal action for the purpose of proving the nature,
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composition, and weight of the fireworks. In addition, the
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seizing agency may photograph or videotape, for use at trial, the
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fireworks seized. Except for fireworks retained by the seizing
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agency for sample testing, analysis, and evidence, upon a final
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determination that the seized fireworks were being used or exist
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in violation of this chapter, the circuit court having
514
jurisdiction shall order such fireworks forfeited and destroyed.
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The method of destruction or disposal of such fireworks shall be
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at the discretion of the seizing agency.
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(4) The final order of forfeiture by the court shall
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perfect in the seizing law enforcement agency all rights, title,
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and interest in and to such fireworks and shall relate back to
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the date of seizure.
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(5) The court may include in its forfeiture order a
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provision that the owner or holder of the contraband fireworks
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pay an assessment to cover the cost of disposal of contraband,
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including attorney's fees and costs, and any costs incurred by
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the arresting agency in storing the contraband. Each sheriff, or
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his or her appointee, or any other police officer, shall seize,
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take, remove or cause to be removed at the expense of the owner,
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all stocks of fireworks or combustibles offered or exposed for
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sale, stored, or held in violation of this chapter.
530
Section 14. Section 791.055, Florida Statutes, is amended
531
to read:
532
791.055 Restrictions upon storage of sparklers or
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fireworks.--The storage of sparklers or fireworks in this state
534
is governed by the National Fire Protection Association 1124 Code
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as adopted by rule of the Department of Financial Services.
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(1) Sparklers shall not be stored or kept for sale in any
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store:
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(a) In which paints, oils, or varnishes are manufactured or
539
kept for use or sale unless the paints, oils, or varnishes are in
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unbroken containers.
541
(b) In which resin, turpentine, gasoline, or flammable
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substances or substances which may generate vapors are used,
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stored, or offered for sale unless the resin, turpentine,
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gasoline, or substances are in unbroken containers.
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(c) In which there is not at least one approved chemical
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fire extinguisher ready, available, and equipped for use in
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extinguishing fires.
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(2) When sparklers are in storage to be offered for sale at
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retail, a sign shall be conspicuously displayed over the entrance
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to the room in which the sparklers are stored, which sign reads:
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"CAUTION SPARKLERS-NO SMOKING." No person shall be in such room
552
while in possession of a lighted cigar, cigarette, or pipe.
553
Section 15. Section 791.06, Florida Statutes, is amended to
554
read:
555
791.06 Penalties.--
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(1) Any person or organization that violates any provision
558
commits a misdemeanor of the first degree, punishable as provided
560
(2) Any person or organization that violates any provision
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for a second or subsequent time commits a felony of the third
564
775.084. Any firm, copartnership, or corporation violating the
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provisions of this chapter shall be guilty of a misdemeanor of
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the first degree, punishable as provided in s. 775.083 or, in the
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case of individuals, the members of a partnership and the
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responsible officers and agents of an association or corporation,
570
Section 16. Section 791.061, Florida Statutes, is created
571
to read:
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791.061 Injunction.--In addition to the penalties and other
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enforcement provisions of this chapter, if any person engaged in
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any activity prohibited by this chapter violates any provision of
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this chapter or any rule adopted under this chapter, the division
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may resort to proceedings for injunctive relief in the circuit
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court of the county in which such person resides or has a
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principal place of business and therein apply for such temporary
579
or permanent orders as the division deems necessary to restrain
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the person from engaging in any such activities, until such
581
person has complied with the provisions of this chapter and such
582
rules.
583
Section 17. Section 791.07, Florida Statutes, is amended to
584
read:
585
791.07 Agricultural and fish hatchery use.--
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(1) Nothing in This chapter does not shall prohibit the
587
importation, purchase, sale, or use of fireworks used or to be
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used solely and exclusively in frightening birds from
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agricultural works and fish hatcheries; and such use shall be
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governed entirely by the rules prescribed by the Department of
591
Agriculture and Consumer Services.
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(2) Any person who is engaged in agricultural works or who
593
operates a fish hatchery may use fireworks solely and exclusively
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for the purpose of frightening birds from doing harm to such
595
person's agricultural works or fish hatchery operation; however,
596
such person must first file with the sheriff of the county or the
597
authority having jurisdiction in the county in which the person
598
is engaged in agricultural works or the operation of a fish
599
hatchery a sworn affidavit in writing that he or she is engaged
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in agricultural works, describing the nature of such, or that he
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or she operates a fish hatchery, describing the nature of such,
602
and desires to use fireworks to frighten birds from harming the
603
agricultural works or fish hatchery operation and that fireworks
604
will be used solely and exclusively for that purpose. The sheriff
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of the county or the authority having jurisdiction, upon
606
determining that the sworn affidavit is sufficient and the
607
request is valid, shall issue a permit, on a form provided by the
608
division, to the applicant. The permit must identify the
609
applicant and the quantity of fireworks to be purchased and
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possessed. A copy of the permit shall be retained by the
611
manufacturer, distributor, or wholesaler making the sale as part
612
of its recordkeeping requirement under s. 791.041, and a copy
613
shall be maintained by the applicant with the fireworks covered
614
under the permit.
615
(3) Falsification of any affidavit or permit provided for
616
in this section or providing false information in such sworn
617
affidavit is a misdemeanor of the first degree, punishable as
619
affidavit or permit provided for in this section includes aiding
620
and abetting such falsification or selling fireworks when the
621
seller knows or has reason to believe that the permit is
622
falsified.
623
Section 18. Section 791.08, Florida Statutes, is created to
624
read:
625
791.08 Nonpreemption.--The state does not preempt the
626
regulation of fireworks and sparklers as provided in this
627
chapter. Any authority having jurisdiction may enact any
628
ordinance or adopt any rule related to this chapter if such
629
ordinance or rule is more stringent, or provides a higher degree
630
of safety, than provided in this chapter.
631
Section 19. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.