Florida Senate - 2018                              CS for SB 198
       By the Committee on Regulated Industries; and Senator Steube
       580-00803A-18                                          2018198c1
    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   24  Statutes, are repealed.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
   26  read:
   27         791.01 Definitions.—As used in this chapter, the term:
   28         (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
   46  substance.
   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
   81  composition.
   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
  102  retail.
  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
  106  year.
  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
  117  read:
  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
  134  read:
  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
  177  read:
  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
  199  barring
  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.