Florida Senate - 2018 CS for SB 198
By the Committee on Regulated Industries; and Senator Steube
1 A bill to be entitled
2 An act relating to fireworks; repealing s. 791.013,
3 F.S., relating to the testing and approval of
4 sparklers; repealing s. 791.015, F.S., relating to the
5 registration of manufacturers, distributors,
6 wholesalers, and retailers of sparklers; repealing s.
7 791.03, F.S., relating to the bond of licensees;
8 amending s. 791.01, F.S.; conforming provisions to
9 changes made by the act; amending s. 791.012, F.S.;
10 conforming a cross-reference; amending s. 791.02,
11 F.S.; prohibiting persons, firms, copartnerships, and
12 corporations from selling fireworks to any person
13 under 18 years of age; authorizing the State Fire
14 Marshal to adopt rules; conforming provisions to
15 changes made by the act; amending s. 791.04, F.S.;
16 conforming provisions to changes made by the act;
17 reenacting s. 791.06, F.S., relating to penalties, to
18 incorporate the amendment made by this act to s.
19 791.02, F.S.; providing an effective date.
21 Be It Enacted by the Legislature of the State of Florida:
23 Section 1. Sections 791.013, 791.015, and 791.03, Florida
24 Statutes, are repealed.
25 Section 2. Section 791.01, Florida Statutes, is amended to
27 791.01 Definitions.—As used in this chapter, the term:
(1) “Distributor” means any person engaged in the business
29 of selling sparklers to a wholesaler.
30 (1) (2) “Division” means the Division of the State Fire
31 Marshal of the Department of Financial Services.
32 (2) (3) “Explosive compound” means any chemical compound,
33 mixture, or device whose the primary or common purpose of which
34 is to function by the substantially instantaneous release of gas
35 and heat.
36 (3) (4)(a) “Fireworks” means and includes any combustible or
37 explosive composition or substance or combination of substances
38 or, except as hereinafter provided, any article prepared for the
39 purpose of producing a visible or audible effect by combustion,
40 explosion, deflagration, or detonation. The term includes blank
41 cartridges and toy cannons in which explosives are used, the
42 type of balloons that which require fire underneath to propel
43 them, firecrackers, torpedoes, skyrockets, roman candles, dago
44 bombs, and any fireworks containing any explosives or flammable
45 compound or any tablets or other device containing any explosive
47 (b) “Fireworks” does not include sparklers, approved by the
48 division pursuant to s. 791.013 ; toy pistols, toy canes, toy
49 guns, or other devices in which paper caps containing twenty
50 five hundredths grains or less of explosive compound are used,
51 providing they are so constructed that the hand cannot come in
52 contact with the cap when in place for the explosion, ; and toy
53 pistol paper caps that which contain less than twenty hundredths
54 grains of explosive mixture, the sale and use of which shall be
55 permitted at all times.
56 (c) “Fireworks” also does not include the following
57 novelties and trick noisemakers:
58 1. A snake or glow worm, which is a pressed pellet of not
59 more than 10 grams of pyrotechnic composition that produces a
60 large, snakelike ash that which expands in length as the pellet
61 burns and that does not contain mercuric thiocyanate.
62 2. A smoke device, which is a tube or sphere containing not
63 more than 10 grams of pyrotechnic composition that, upon
64 burning, produces white or colored smoke as the primary effect.
65 3. A trick noisemaker, which is a device that produces a
66 small report intended to surprise the user and which includes:
67 a. A party popper, which is a small plastic or paper device
68 containing not more than 16 milligrams of explosive composition
69 that is friction sensitive, which is ignited by pulling a string
70 protruding from the device, and which expels a paper streamer
71 and produces a small report.
72 b. A booby trap, which is a small tube with a string
73 protruding from both ends containing not more than 16 milligrams
74 of explosive compound, which is ignited by pulling the ends of
75 the string, and which produces a small report.
76 c. A snapper, which is a small, paper-wrapped device
77 containing not more than four milligrams of explosive
78 composition coated on small bits of sand, and which, when
79 dropped, explodes, producing a small report. A snapper may not
80 contain more than 250 milligrams of total sand and explosive
82 d. A trick match, which is a kitchen or book match that
83 which is coated with not more than 16 milligrams of explosive or
84 pyrotechnic composition and that which, upon ignition, produces
85 a small report or shower of sparks.
86 e. A cigarette load, which is a small wooden peg that has
87 been coated with not more than 16 milligrams of explosive
88 composition and which produces, upon ignition of a cigarette
89 containing one of the pegs, a small report.
90 f. An auto burglar alarm, which is a tube which contains
91 not more than 10 grams of pyrotechnic composition that produces
92 a loud whistle or smoke when ignited and which is ignited by use
93 of a squib. A small quantity of explosive, not exceeding 50
94 milligrams, may also be used to produce a small report.
96 The sale and use of items listed in this paragraph are permitted
97 at all times.
98 (5) “Manufacturer” means any person engaged in the
99 manufacture or construction of sparklers in this state.
100 (6) “Retailer” means any person who, at a fixed place of
101 business, is engaged in selling sparklers to consumers at
103 (7) “Seasonal retailer” means any person engaged in the
104 business of selling sparklers at retail in this state from June
105 20 through July 5 and from December 10 through January 2 of each
107 (4) (8) “Sparkler” means a device that which emits showers
108 of sparks upon burning, does not contain any explosive
109 compounds, does not detonate or explode, is handheld or ground
110 based, cannot propel itself through the air, and contains not
111 more than 100 grams of the chemical compound that which produces
112 sparks upon burning. Any sparkler that is not approved by the
113 division is classified as fireworks.
114 (9) “Wholesaler” means any person engaged in the business
115 of selling sparklers to a retailer.
116 Section 3. Section 791.012, Florida Statutes, is amended to
118 791.012 Minimum fireworks safety standards.—The outdoor
119 display of fireworks in this state is shall be governed by the
120 National Fire Protection Association (NFPA) 1123, Code for
121 Fireworks Display, 1995 Edition, approved by the American
122 National Standards Institute. Any state, county, or municipal
123 law, rule, or ordinance may provide for more stringent
124 regulations for the outdoor display of fireworks, but in no
125 event may any such law, rule, or ordinance provide for less
126 stringent regulations for the outdoor display of fireworks. The
127 division shall promulgate rules to carry out the provisions of
128 this section. The Code for Fireworks Display does shall not
129 govern the display of any fireworks on private, residential
130 property and does shall not govern the display of those items
131 included under s. 791.01(3)(b) and (c) s. 791.01(4)(b) and (c)
132 and authorized for sale thereunder.
133 Section 4. Section 791.02, Florida Statutes, is amended to
135 791.02 Sale of fireworks regulated; rules and regulations.—
136 (1) Except as hereinafter provided It is unlawful for any
137 person, firm, copartnership, or corporation to offer for sale,
138 expose for sale, sell at retail, or use or explode any
139 fireworks; provided that the board of county commissioners shall
140 have power to adopt reasonable rules and regulations for the
141 granting of permits for supervised public display of fireworks
142 by fair associations, amusement parks, and other organizations
143 or groups of individuals when such public display is to take
144 place outside of any municipality; provided, further, that the
145 governing body of any municipality shall have power to adopt
146 reasonable rules and regulations for the granting of permits for
147 supervised public display of fireworks within the boundaries of
148 any municipality. Every such display shall be handled by a
149 competent operator to be approved by the chiefs of the police
150 and fire departments of the municipality in which the display is
151 to be held, and shall be of such a character, and so located,
152 discharged, or fired as in the opinion of the chief of the fire
153 department, after proper inspection, shall not be hazardous to
154 property or endanger any person. Application for permits shall
155 be made in writing at least 15 days in advance of the date of
156 the display. After such privilege shall have been granted,
157 sales, possession, use, and distribution of fireworks for such
158 display shall be lawful for that purpose only. No permit granted
159 hereunder shall be transferable.
160 (2) A person, firm, copartnership, or corporation may not
161 sell any fireworks to any person under 18 years of age A
162 sparkler or other product authorized for sale under this chapter
163 may not be sold by a retailer or seasonal retailer unless the
164 product was obtained from a manufacturer, distributor, or
165 wholesaler registered with the division pursuant to s. 791.015.
166 Each retailer and seasonal retailer shall keep, at every
167 location where sparklers are sold, a copy of an invoice or other
168 evidence of purchase from the manufacturer, distributor, or
169 wholesaler, which states the registration certificate number for
170 the particular manufacturer, distributor, or wholesaler and the
171 specific items covered by the invoice. Each seasonal retailer
172 shall, in addition, exhibit a copy of his or her registration
173 certificate at each seasonal retail location .
174 (3) The State Fire Marshal may adopt rules governing
175 fireworks under this chapter.
176 Section 5. Section 791.04, Florida Statutes, is amended to
178 791.04 Exemptions Sale at wholesale, etc., exempted.
179 Nothing in This chapter does not: shall be construed to prohibit
180 any manufacturer, distributor, or wholesaler who has registered
181 with the division pursuant to s. 791.015 to sell at wholesale
182 such fireworks as are not herein prohibited; to prohibit the
183 sale of any kind of fireworks at wholesale between
184 manufacturers, distributors, and wholesalers who have registered
185 with the division pursuant to s. 791.015; to prohibit the sale
186 of any kind of fireworks provided the same are to be shipped
187 directly out of state by such manufacturer, distributor, or
188 wholesaler; to prohibit the sale of fireworks to be used by a
189 person holding a permit from any board of county commissioners
190 at the display covered by such permit; or to
191 (1) Prohibit the use of fireworks by railroads or other
192 transportation agencies for signal purposes or illumination or
193 when used in quarrying or for blasting or other industrial use. ,
194 (2) Prohibit or the sale or use of blank cartridges for a
195 show or theater, or for signal or ceremonial purposes in
196 athletics or sports, or for use by military organizations , or
197 organizations composed of the Armed Forces of the United
198 States. ; provided, nothing in this chapter shall be construed as
200 (3) Bar the operations of manufacturers, duly licensed,
201 from manufacturing, experimenting, exploding, and storing such
202 fireworks in their compounds or proving grounds.
203 Section 6. For the purpose of incorporating the amendment
204 made by this act to section 791.02, Florida Statutes, section
205 791.06, Florida Statutes, is reenacted to read:
206 791.06 Penalties.—Any firm, copartnership, or corporation
207 violating the provisions of this chapter shall be guilty of a
208 misdemeanor of the first degree, punishable as provided in s.
209 775.083 or, in the case of individuals, the members of a
210 partnership and the responsible officers and agents of an
211 association or corporation, punishable as provided in s. 775.082
212 or s. 775.083.
213 Section 7. This act shall take effect upon becoming a law.