CS for CS for CS for SB 140                      First Engrossed
       
       
       
       
       
       
       
       
       2020140e1
       
    1                        A bill to be entitled                      
    2         An act relating to fireworks; creating s. 791.08,
    3         F.S.; defining the term “designated holiday”;
    4         providing an exemption for the use of fireworks solely
    5         and exclusively during a designated holiday; providing
    6         construction; providing legislative intent;
    7         prohibiting homeowners’ associations from promulgating
    8         certain rules or regulations; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 791.08, Florida Statutes, is created to
   14  read:
   15         791.08 Use during designated holidays; exemption.—
   16         (1) As used in this section, the term “designated holiday”
   17  means:
   18         (a) New Year’s Day, January 1;
   19         (b) Independence Day, July 4; or
   20         (c) New Year’s Eve, December 31.
   21         (2) This chapter does not prohibit the use of fireworks
   22  solely and exclusively during a designated holiday. This section
   23  is not intended to provide for the comprehensive regulation of
   24  fireworks as described in s. 10(5), chapter 2007-67, Laws of
   25  Florida, or to supersede any local governmental regulation
   26  relating to the use of fireworks as provided in s. 10(5),
   27  chapter 2007-67, Laws of Florida.
   28         (3) The Legislature does not intend for the application of
   29  this section to supersede any prohibition against the use of
   30  fireworks contained within a legally executed and properly
   31  recorded declaration of covenants or covenant running with the
   32  land of any homeowners’ association pursuant to chapter 720.
   33  However, a homeowners’ association, through a board of
   34  directors, may not promulgate rules that attempt to abrogate a
   35  homeowner’s right to use fireworks during a designated holiday
   36  or under general law.
   37         Section 2. This act shall take effect upon becoming a law.