The Florida Senate

¹791.07  Agricultural and fish hatchery use.--Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services.

History.--s. 1, ch. 29780, 1955; s. 1, ch. 57-336; ss. 14, 35, ch. 69-106; s. 1, ch. 82-109.

¹Note.--Section 10, ch. 2007-67, provides that:

"Consumer Fireworks Task Force.--

"(1)  The Legislature finds that:

"(a)  The state regulation of consumer fireworks in Florida provides an insufficient definition of consumer fireworks and related products used by consumers;

"(b)  There is a need for better training and education concerning the safe use of consumer fireworks;

"(c)  There should be a mechanism to help local governments fund the clean up following the use of consumer fireworks on public property;

"(d)  Local government regulation of the agricultural uses authorized by s. 791.07, Florida Statutes, may be inconsistent with legitimate agricultural purposes;

"(e)  There is a need for consumer education relating to safety standards in the use of consumer fireworks;

"(f)  There is a need for standards concerning tents and other temporary retail facilities selling consumer fireworks; and

"(g)  The state would benefit from additional funding for the training and education of fire officials.

"(2)(a)  The Consumer Fireworks Task Force is created within the Department of Agriculture and Consumer Services for the purpose of studying issues concerning the proper use of consumer fireworks, the regulation of sales and temporary sale facilities for consumer fireworks, the regulation of the hours and location of the use of consumer fireworks, the property zoning classifications for sale facilities for consumer fireworks, the funding options for fire official training and education, and funding options for cleanup of expended consumer fireworks products.

"(b)1.  The task force shall consist of eight members appointed as follows: two members appointed by the President of the Senate, one of whom must be from a list of nominees recommended by the Florida League of Cities and one of whom must be a representative of the industry; two members appointed by the Speaker of the House of Representatives, one of whom must be from a list of nominees recommended by the Florida Association of Counties and one of whom must be a representative of the industry; three members appointed by the Commissioner of Agriculture, one of whom must be a representative of the Division of Forestry of the Florida Department of Agriculture and Consumer Services and one of whom must be a representative of the industry; and one member appointed by the Chief Financial Officer.

"2.  Members shall choose a chair and vice chair from the membership of the task force.

"3.  Members shall serve without compensation, except that members are entitled to reimbursement for per diem and travel expenses, pursuant to s. 112.061, Florida Statutes, incurred in the performance of their duties.

"(3)  Staffing for the task force shall be provided by the Department of Agriculture and Consumer Services.

"(4)  The task force shall review and evaluate the issues identified in paragraph (2)(a) and take public input and testimony concerning the issues. A report of the recommendations and findings of the task force shall be submitted to the President of the Senate and the Speaker of the House of Representatives by January 15, 2008, and the task force shall be abolished upon the transmittal of the report.

"(5)  Pending completion of the Legislature's review of the task force's report and to ensure that fire prevention and safety standards are uniform, a new permanent retail sales facility engaged in sales otherwise permitted under s. 791.07, Florida Statutes, may not be opened in this state after March 8, 2007, unless the permanent retail sales facility has received site-plan approval and construction has begun on or before March 8, 2007; the number of permits for temporary retail sales facilities, such as tents, engaged in sales otherwise permitted by s. 791.07, Florida Statutes, which are issued after March 8, 2007, by a county, municipality, or other unit of local government may not exceed the number of permits that such governmental entity issued for such facilities during the previous calendar year; and a municipality, county, or other unit of local government may not adopt an ordinance, rule, regulation, or other law after March 8, 2007, which directly prohibits or directly interferes with the safety standards established by state law or the right to purchase, sell, use, or possess consumer fireworks in this state. However, if the Legislature enacts legislation to provide for the comprehensive regulation of fire prevention and safety standards for the use of consumer fireworks to replace this subsection on or before July 1, 2008, this subsection does not prohibit opening any such facility, permitting any such temporary facility, or adopting any such ordinance or other law after such legislation is enacted."