Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 442
Barcode 504304
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 80, between lines 28 and 29,
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17 Section 47. Section 791.012, Florida Statutes, is
18 amended to read:
19 791.012 Minimum building standards and fireworks
20 safety standards.--The outdoor display of fireworks in this
21 state is shall be governed by the National Fire Protection
22 Association (NFPA) 1123, Code for Fireworks Display, 1995
23 Edition, approved by the American National Standards
24 Institute. Any state, county, or municipal law, rule, or
25 ordinance may provide for more stringent regulations for the
26 outdoor display of fireworks, but in no event may any such
27 law, rule, or ordinance provide for less stringent regulations
28 for the outdoor display of fireworks. Each sales facility
29 exclusively dedicated to the retail sale of consumer
30 fireworks, consumer fireworks sales area in a bulk
31 merchandising retail building, and temporary location for the
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 442
Barcode 504304
1 sale of consumer fireworks must be in accordance with NFPA
2 1124, 2003 Edition, Chapter 7, and the Fire Prevention Code,
3 2004 Edition. The division shall adopt promulgate rules to
4 carry out the provisions of this section. The Code for
5 Fireworks Display does shall not govern the display of any
6 fireworks on private, residential property and does shall not
7 govern the display of those items included under s.
8 791.01(4)(b) and (c) and authorized for sale thereunder. In
9 order to ensure uniform safety standards for consumer
10 fireworks and sparklers, and excepting federal law, the
11 legislature has the exclusive power to regulate the sale, use,
12 safety standards, and possession of consumer fireworks and
13 sparklers in this state and a county, municipality, or other
14 unit of local government may not enact an ordinance, rule,
15 regulation, or other law after March 8, 2005, which prohibits
16 or interferes with the safety standards established by state
17 law or the right to purchase, sell, use, or possess consumer
18 fireworks and sparklers in this state; however, this
19 preemption is repealed on July 1, 2006, if legislation to
20 provide for the comprehensive regulation for the sale,
21 possession, storage, display, and safe use of consumer
22 fireworks and sparklers is enacted.
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24 (Redesignate subsequent sections.)
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27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 7, line 29, after the semicolon,
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31 insert:
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4:20 PM 04/29/05 s0442c4c-21-s11
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 442
Barcode 504304
1 amending s. 791.012, F.S.; establishing fire
2 safety standards for certain sales of consumer
3 fireworks; preempting a county, municipality,
4 or other local government entity from
5 regulating the sale, use, safety standards, or
6 possession of consumer fireworks; repealing the
7 preemption under certain conditions relating to
8 enactment of comprehensive consumer fireworks
9 legislation;
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