CODING: Words stricken are deletions; words underlined are additions.

House Bill 0649

Florida House of Representatives - 1997 HB 649 By Representative Fasano 1 A bill to be entitled 2 An act relating to sale of fireworks; amending 3 s. 791.001, F.S.; specifying enforcement 4 authority; amending s. 791.01, F.S.; revising 5 definitions; amending s. 791.012, F.S.; 6 correcting a cross reference; amending s. 7 791.013, F.S.; increasing criminal penalties 8 for certain violations; amending s. 791.015, 9 F.S.; revising registration requirements for 10 manufacturers, distributors, and wholesalers of 11 sparklers or fireworks; requiring certain fees; 12 creating ss. 791.016, 791.017, 791.018, and 13 791.019, F.S.; providing procedures for cease 14 and desist orders; providing for administrative 15 fines; specifying grounds for suspension or 16 revocation of registration; providing for 17 duration of suspension or revocation; amending 18 s. 791.02, F.S.; prohibiting sale or delivery 19 of sparklers or fireworks to certain persons; 20 creating s. 791.021, F.S.; prohibiting sale or 21 solicitation to sell sparklers under certain 22 circumstances; providing responsibilities of 23 manufacturers, distributors, wholesalers, and 24 retailers; amending s. 791.04, F.S.; 25 authorizing the sale at wholesale of fireworks 26 under certain circumstances; providing 27 requirements; authorizing sales of fireworks 28 for certain public display purposes under 29 certain circumstances; creating s. 791.041, 30 F.S.; prohibiting sale or solicitation to sell 31 fireworks under certain circumstances; 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 requiring maintenance of records and sales of 2 fireworks; providing requirements; providing 3 responsibilities of manufacturers, 4 distributors, wholesalers, and retailers; 5 amending s. 791.05, F.S.; providing for 6 seizure, forfeiture, and disposal of certain 7 fireworks and sparklers under certain 8 circumstances; providing procedures; providing 9 requirements; authorizing assessments to cover 10 certain costs; amending s. 791.055, F.S.; 11 specifying a rule governing the storage of 12 sparklers or fireworks; amending s. 791.06, 13 F.S.; increasing criminal penalties for certain 14 violations; creating ss. 791.061 and 791.062, 15 F.S.; providing for injunctive relief for 16 certain violations; protecting certain 17 municipal and county ordinances, rules, and 18 regulations; amending s. 791.07, F.S.; 19 providing for use of fireworks in certain 20 agricultural works or fisheries operations; 21 providing requirements; providing procedures; 22 providing a penalty; providing an effective 23 date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 791.001, Florida Statutes, is 28 amended to read: 29 791.001 Application and enforcement.--This chapter 30 shall be applied uniformly throughout the state. The State 31 Fire Marshal or designated agent under his authority, any 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 sheriff or deputy sheriff, any other law enforcement agency or 2 official, or any certified fire inspector, charged with the 3 enforcement of the laws of the state, shall have jurisdiction 4 to enforce the provisions of this chapter. Enforcement of this 5 chapter shall remain with local law enforcement departments 6 and officials charged with the enforcement of the laws of the 7 state. 8 Section 2. Section 791.01, Florida Statutes, is 9 amended to read: 10 791.01 Definitions.--As used in this chapter, the 11 term: 12 (1) "Authority having jurisdiction" means a federal, 13 state, local, or other regional department or individual, 14 including, but not limited to, a fire chief, fire marshal, 15 chief of a fire prevention bureau, law enforcement official, 16 building official, or any other person having statutory 17 authority. 18 (2)(1) "Distributor of sparklers" means any person or 19 organization engaged in the business of selling sparklers to a 20 wholesaler. 21 (3) "Distributor of fireworks" means any person or 22 organization engaged in the business of selling fireworks. 23 (4)(2) "Division" means the Division of the State Fire 24 Marshal of the Department of Insurance. 25 (5)(3) "Explosive compound" means any chemical 26 compound, mixture, or device the primary or common purpose of 27 which is to function by the substantially instantaneous 28 release of gas and heat. 29 (6)(4)(a) "Fireworks" means and includes any 30 combustible or explosive composition or substance or 31 combination of substances or, except as hereinafter provided, 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 any article prepared for the purpose of producing a visible or 2 audible effect by combustion, explosion, deflagration, or 3 detonation. The term includes blank cartridges and toy 4 cannons in which explosives are used, the type of balloons 5 which require fire underneath to propel them, firecrackers, 6 torpedoes, skyrockets, roman candles, dago bombs, and any 7 fireworks containing any explosives or flammable compound or 8 any tablets or other device containing any explosive 9 substance. 10 (b) "Fireworks" does not include sparklers approved by 11 the division pursuant to s. 791.013; toy pistols, toy canes, 12 toy guns, or other devices in which paper caps containing 13 twenty-five hundredths grains or less of explosive compound 14 are used, providing they are so constructed that the hand 15 cannot come in contact with the cap when in place for the 16 explosion; and toy pistol paper caps which contain less than 17 twenty hundredths grains of explosive mixture, the sale and 18 use of which shall be permitted at all times. 19 (c) "Fireworks" also does not include the following 20 novelties and trick noisemakers: 21 1. A snake or glow worm, which is a pressed pellet of 22 not more than 10 grams of pyrotechnic composition that 23 produces a large, snakelike ash which expands in length as the 24 pellet burns and that does not contain mercuric thiocyanate. 25 2. A smoke device, which is a tube or sphere 26 containing not more than 10 grams of pyrotechnic composition 27 that, upon burning, produces white or colored smoke as the 28 primary effect. 29 3. A trick noisemaker, which is a device that produces 30 a small report intended to surprise the user and which 31 includes: 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 a. A party popper, which is a small plastic or paper 2 device containing not more than 16 milligrams of explosive 3 composition that is friction sensitive, which is ignited by 4 pulling a string protruding from the device, and which expels 5 a paper streamer and produces a small report. 6 b. A booby trap, which is a small tube with a string 7 protruding from both ends containing not more than 16 8 milligrams of explosive compound, which is ignited by pulling 9 the ends of the string, and which produces a small report. 10 c. A snapper, which is a small, paper-wrapped device 11 containing not more than four milligrams of explosive 12 composition coated on small bits of sand, and which, when 13 dropped, explodes, producing a small report. A snapper may 14 not contain more than 250 milligrams of total sand and 15 explosive composition. 16 d. A trick match, which is a kitchen or book match 17 which is coated with not more than 16 milligrams of explosive 18 or pyrotechnic composition and which, upon ignition, produces 19 a small report or shower of sparks. 20 e. A cigarette load, which is a small wooden peg that 21 has been coated with not more than 16 milligrams of explosive 22 composition and which produces, upon ignition of a cigarette 23 containing one of the pegs, a small report. 24 f. An auto burglar alarm, which is a tube which 25 contains not more than 10 grams of pyrotechnic composition 26 that produces a loud whistle or smoke when ignited and which 27 is ignited by use of a squib. A small quantity of explosive, 28 not exceeding 50 milligrams, may also be used to produce a 29 small report. 30 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 The sale and use of items listed in this paragraph are 2 permitted at all times. 3 (7) "Fixed location" means a permanent building or any 4 other structure for which a certificate of occupancy or 5 similar permit has been issued. A fixed location does not 6 include any type of tent or motorized or movable apparatus, 7 including, but not limited to, cars, trucks, and trailers. 8 (8)(5) "Manufacturer of sparklers" means any person or 9 organization engaged in the manufacture or construction of 10 sparklers in this state. 11 (9) "Manufacturer of fireworks" means any person or 12 organization engaged in the manufacture or construction of 13 fireworks in this state. 14 (10)(6) "Retailer" means any person who, at a fixed 15 location place of business, is engaged in selling sparklers to 16 consumers at retail. 17 (11)(7) "Seasonal retailer" means any person engaged 18 in the business of selling sparklers at retail in this state 19 from June 20 through July 5 and from December 10 through 20 January 2 of each year. 21 (12)(8) "Sparkler" means a device which emits showers 22 of sparks upon burning, does not contain any explosive 23 compounds, does not detonate or explode, is hand held or 24 ground based, cannot propel itself through the air, and 25 contains not more than 100 grams of the chemical compound 26 which produces sparks upon burning. Any sparkler that is not 27 approved by the division is classified as fireworks. 28 (13)(9) "Wholesaler of sparklers" means any person or 29 organization engaged in the business of selling sparklers to a 30 retailer. 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 (14) "Wholesaler of fireworks" means any person or 2 organization engaged in the business of selling fireworks to a 3 wholesaler, distributor, or manufacturer registered under 4 chapter 791 or for agricultural or public display purposes. 5 Section 3. Section 791.012, Florida Statutes, 1996 6 Supplement, is amended to read: 7 791.012 Minimum fireworks safety standards.--The 8 outdoor display of fireworks in this state shall be governed 9 by the National Fire Protection Association (NFPA) 1123, Code 10 for Fireworks Display, 1995 Edition, approved by the American 11 National Standards Institute. Any state, county, or municipal 12 law, rule, or ordinance may provide for more stringent 13 regulations for the outdoor display of fireworks, but in no 14 event may any such law, rule, or ordinance provide for less 15 stringent regulations for the outdoor display of fireworks. 16 The division shall promulgate rules to carry out the 17 provisions of this section. The Code for Fireworks Display 18 shall not govern the display of any fireworks on private, 19 residential property and shall not govern the display of those 20 items included under s. 791.01(6)(4)(b) and (c) and authorized 21 for sale thereunder. 22 Section 4. Subsection (2) of section 791.013, Florida 23 Statutes, is amended to read: 24 791.013 Testing and approval of sparklers; 25 penalties.-- 26 (2) Any person who alters an approved sparkler 27 product, so that it is no longer a sparkler as defined in s. 28 791.01, and subsequently sells the product as if it were 29 approved commits is guilty of a felony misdemeanor of the 30 third first degree, punishable as provided in s. 775.082 or s. 31 775.083. Any person who fraudulently represents a device as 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 approved for sale as a sparkler product when it is not so 2 approved commits is guilty of a felony misdemeanor of the 3 third first degree, punishable as provided in s. 775.082 or s. 4 775.083. 5 Section 5. Section 791.015, Florida Statutes, is 6 amended to read: 7 791.015 Registration of manufacturers, distributors, 8 wholesalers, and retailers of sparklers or fireworks.-- 9 (1) REGISTRATION REQUIREMENTS.--It is unlawful for any 10 organization or individual to engage in the business of 11 manufacturing, distributing, or selling at wholesale or retail 12 any firework or sparkler except as provided in this chapter. 13 Any manufacturer, distributor, or wholesaler of sparklers or 14 fireworks and any, retailer, or seasonal retailer of sparklers 15 who wishes to do business in this state or to otherwise sell, 16 ship, or assign for sale its products in this state must 17 register annually with the division on forms prescribed by the 18 division. A manufacturer, distributor, wholesaler, retailer, 19 or seasonal retailer must submit a separate registration form 20 and fee for each location at which sparklers will be sold. A 21 manufacturer, distributor, or wholesaler who wishes to engage 22 in the business of selling fireworks to the extent allowed 23 herein must submit a separate registration form and fee for 24 each location at which fireworks will be manufactured or sold. 25 Wholesale and retail sales shall not be conducted at the same 26 location and at no time shall the sale of fireworks be 27 conducted in the same location at which sparklers are sold. 28 Registration certificates issued by the division shall be 29 displayed on the premises and made available for immediate 30 inspection by the authority having jurisdiction. A person may 31 not alter, deface, or copy a certificate of registration. Any 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 retailer who sells sparklers at more than one retail location 2 may submit one registration form for all such locations but 3 must provide the address of each location with the 4 registration form; however, any retailer may submit multiple 5 registration forms. 6 (2) REGISTRATION FORM.--The registration form filed 7 with the division must be notarized and must include the 8 following information: name of the individual if the 9 registration certificate is to be held in an individual 10 capacity; business name; address; telephone number; officers, 11 if the business is a corporation; and an individual designated 12 as a contact person. A firm or individual registering as a 13 manufacturer, distributor, wholesaler, retailer, or seasonal 14 retailer of sparklers shall not use the word "fireworks" as a 15 part of the business name or advertise the sale of fireworks. 16 The registration form shall be accompanied by evidence of 17 registration with the Department of Revenue pursuant to 18 chapter 212. 19 (3) FEES.-- 20 (a) Each manufacturer, distributor, or wholesaler must 21 pay an annual registration fee of to be set by the division 22 not to exceed $1,000. Each seasonal retailer must pay an 23 annual registration fee of to be set by the division not to 24 exceed $200. Each retailer shall pay an annual registration 25 fee of to be set by the division not to exceed $15 for each 26 retail location registered. Each certificateholder wishing to 27 have a duplicate certificate issued for one which is lost or 28 to reflect a change of mailing address shall request such 29 duplicate in writing and shall pay a fee of $5. No duplicate 30 certificate shall be issued to reflect a change in business 31 location. 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 (b) Revenue from registration fee payments shall be 2 deposited in the Insurance Commissioner's Regulatory Trust 3 Fund for the purposes of implementing the registration and 4 testing provisions of this chapter. 5 Section 6. Sections 791.016, 791.017, 791.018, and 6 791.019, Florida Statutes, are created to read: 7 791.016 Procedures for cease and desist orders; 8 administrative fine.-- 9 (1) Whenever the division believes any person is or 10 has been violating the provisions of this chapter or any rules 11 adopted pursuant to this chapter, the division shall proceed 12 to determine the matter. 13 (2) If the division determines the existence of any 14 violations of the provisions of this chapter, or rules adopted 15 pursuant to this chapter, the division shall issue to a person 16 charged with the violation an order requiring such person to 17 cease and desist from such violation or imposing an 18 administrative fine, or both. 19 (3) The provisions of this section shall be enforced 20 pursuant to chapter 120. 21 791.017 Administrative fines.-- 22 (1) If any person violates any provision of this 23 chapter or any rule adopted pursuant to this chapter, or 24 violates a cease and desist order, the division may impose an 25 administrative fine, not to exceed $1,000 for each violation, 26 or suspend or revoke the certificate of registration issued to 27 such person. The division may allow the certificateholder a 28 reasonable time, not to exceed 30 days, to pay the penalty in 29 its entirety to the division. If the certificateholder fails 30 to pay the penalty in its entirety within the period allowed, 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 the division shall revoke any certificates held by such 2 person. 3 791.018 Grounds for suspension or revocation of 4 registration certificate for manufacturers, distributors, 5 wholesalers, or retailers.--The division may suspend or revoke 6 the registration certificate of any manufacturer, distributor, 7 wholesaler, or retailer for any: 8 (1) Material misstatement, misrepresentation, or fraud 9 in obtaining a registration certificate or in attempting to 10 obtain a registration certificate. 11 (2) Willful use or intent to use a registration 12 certificate to circumvent any requirement or prohibition of 13 this chapter. 14 (3) Fraudulent or dishonest practice in the conduct of 15 business under the authority of a registration certificate. 16 (4) Failure to comply with any order or rule of the 17 division. 18 (5) Violation of any provision of this chapter. 19 20 The provisions of this section shall be enforced pursuant to 21 chapter 120. 22 791.019 Duration of suspension or revocation.-- 23 (1) The division shall, in an order suspending the 24 registration certificate of an individual, firm, partnership, 25 association, group, or corporation, specify the period during 26 which the suspension is to be effective, not to exceed 2 27 years. The registration certificate shall remain suspended 28 during the period specified, subject to any rescission or 29 modification of the order by the division or modification or 30 reversal of the order by a court prior to expiration of the 31 suspension period. A registration certificate which has been 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 suspended shall not be reinstated except upon request for such 2 reinstatement. The division shall not grant such 3 reinstatement if the division finds any circumstance for which 4 the registration certificate was suspended or revoked still 5 exists or is likely to recur. 6 (2) No person, firm, partnership, association, group, 7 or corporation under any registration certificate revoked by 8 the division may apply for another registration certificate 9 under this chapter within 2 years after the effective date of 10 such revocation or, if judicial review of such revocation is 11 sought, within 2 years after the date of final court order or 12 decree affirming the revocation order. 13 (3) In no event shall the division issue a 14 registration certificate to an individual, firm, partnership, 15 association, group, or corporation if a registration 16 certificate of such individual, firm, partnership, 17 association, group, or corporation has been revoked at two 18 separate times. 19 (4) During the period of suspension, or after 20 revocation of the registration certificate, the former 21 certificateholder shall not engage in or attempt or profess to 22 engage in any transaction or business for which a registration 23 certificate is required by this chapter. 24 Section 7. Section 791.02, Florida Statutes, is 25 amended to read: 26 791.02 Sale of fireworks or sparklers regulated; rules 27 and regulations.-- 28 (1) Except as hereinafter provided it is unlawful for 29 any person, firm, copartnership, or corporation to offer for 30 sale, expose for sale, sell at retail, or use, possess, or 31 explode any fireworks; provided that the board of county 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 commissioners shall have power to adopt reasonable rules and 2 regulations for the granting of permits for supervised public 3 display of fireworks by fair associations, amusement parks, 4 and other organizations or groups of individuals when such 5 public display is to take place outside of any municipality; 6 provided, further, that the governing body of any municipality 7 shall have power to adopt reasonable rules and regulations for 8 the granting of permits for supervised public display of 9 fireworks within the boundaries of any municipality. Every 10 such display shall be handled by a competent operator to be 11 approved by the chiefs of the police and fire departments of 12 the municipality or county in which the display is to be held, 13 and shall be of such a character, and so located, discharged, 14 or fired as in the opinion of the chief of the fire 15 department, after proper inspection, shall not be hazardous to 16 property or endanger any person. Application for permits 17 shall be made in writing at least 15 days in advance of the 18 date of the display. If the local authority having 19 jurisdiction does not have a permit process for the public 20 display of fireworks, application shall be made to the State 21 Fire Marshal. After such privilege shall have been granted, 22 sales, possession, use, and distribution of fireworks for such 23 display shall be lawful for that purpose only. No permit 24 granted hereunder shall be transferable. All public display of 25 fireworks shall be conducted in compliance with s. 791.012. 26 (2) A sparkler or other product authorized for sale 27 under this chapter may not be sold or shipped to a person 28 under the age of 18 years of age. A sparkler or other product 29 authorized for sale under this chapter may not be sold by a 30 retailer or seasonal retailer unless the product was obtained 31 from a manufacturer, distributor, or wholesaler registered 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 with the division pursuant to s. 791.015. Each retailer and 2 seasonal retailer shall keep, at every location where 3 sparklers are sold, a copy of an invoice or other evidence of 4 purchase from the manufacturer, distributor, or wholesaler, 5 which states the registration certificate number for the 6 particular manufacturer, distributor, or wholesaler and the 7 specific items covered by the invoice. Each seasonal retailer 8 shall, in addition, exhibit a copy of his registration 9 certificate at each retail or seasonal retail location. 10 Seasonal retail sales shall not be made from any type of 11 motorized or movable apparatus. Seasonal retail sales may be 12 made from tents which meet all applicable codes and fire 13 regulations. 14 Section 8. Section 791.021, Florida Statutes, is 15 created to read: 16 791.021 Prohibition; responsibilities; inspections.-- 17 (1) It is unlawful for any manufacturer, distributor, 18 wholesaler, retailer, or seasonal retailer to purchase, sell, 19 or solicit to sell sparklers except in conformance with this 20 chapter. 21 (2) It is the responsibility of the manufacturer, 22 distributor, or wholesaler to determine if the purchaser is 23 registered with the division. 24 (3) It is the responsibility of the retailer or 25 seasonal retailer of sparklers to determine if a purchaser is 26 at least 18 years of age, evidenced by the purchaser 27 presenting a valid driver's license or a valid state 28 identification card issued by the Department of Highway and 29 Motor Vehicles. 30 Section 9. Section 791.04, Florida Statutes, is 31 amended to read: 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 791.04 Sale at wholesale, etc., exempted.-- 2 (1) Nothing in this chapter shall be construed to 3 prohibit Any manufacturer, distributor, or wholesaler of 4 fireworks who has registered with the division pursuant to s. 5 791.015 may to sell at wholesale any such fireworks, which as 6 are not herein prohibited,; to any manufacturer, distributor, 7 or wholesaler of fireworks who has registered with the 8 division and holds a current certificate of registration, 9 provided the fireworks are immediately shipped or transported 10 by the purchasing manufacturer, distributor, or wholesaler 11 directly out of state. Transport must be by a bonded 12 commercial carrier or by a person employed by the 13 manufacturer, distributor, or wholesaler of fireworks. 14 Transport must be accompanied by an invoice or bill of lading 15 identifying the manufacturer, distributor, or wholesaler of 16 fireworks with the current certificate of registration number 17 on the invoice or bill of lading and an itemized list of the 18 contents of the shipment prohibit the sale of any kind of 19 fireworks at wholesale between manufacturers, distributors, 20 and wholesalers who have registered with the division pursuant 21 to s. 791.015; to prohibit the sale of any kind of fireworks 22 provided the same are to be shipped directly out of state by 23 such manufacturer, distributor, or wholesaler; to prohibit the 24 sale of fireworks to be used by a person holding a permit from 25 any board of county commissioners at the display covered by 26 such permit; or to prohibit the use of fireworks by railroads 27 or other transportation agencies for signal purposes or 28 illumination or when used in quarrying or for blasting or 29 other industrial use, or the sale or use of blank cartridges 30 for a show or theater, or for signal or ceremonial purposes in 31 athletics or sports, or for use by military organizations, or 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 organizations composed of the Armed Forces of the United 2 States; provided, nothing in this chapter shall be construed 3 as barring the operations of manufacturers, duly licensed, 4 from manufacturing, experimenting, exploding, and storing such 5 fireworks in their compounds or proving grounds. 6 (2) Fireworks may be sold to a person, holding a 7 public display permit issued by the authority having 8 jurisdiction, for the purpose of conducting a public display 9 of fireworks in compliance with s. 791.012. 10 Section 10. Section 791.041, Florida Statutes, is 11 created to read: 12 791.041 Prohibitions; maintenance of records and sales 13 of fireworks by manufacturers, distributors, or wholesalers; 14 responsibilities; inspections.-- 15 (1) It is unlawful for any manufacturer, distributor, 16 or wholesaler to purchase, sell, or solicit to sell fireworks 17 except in conformance with this chapter. 18 (2) It is unlawful for any person to knowingly 19 withhold information or make any false or fictitious entry or 20 misrepresentation upon any sales invoice, sales ticket, or 21 account of inventories. 22 (3) Each sale or transaction shall be evidenced by an 23 invoice or sales ticket which shall bear the name, address, 24 and certificate of registration number of the purchaser, or in 25 the case of sales conducted for public display, a copy of the 26 permit issued by the authority having jurisdiction, the date 27 of the sale, the products sold, and the quantity sold. All 28 invoices and sales tickets shall be maintained by the 29 manufacturer, distributor, or wholesaler of fireworks, and a 30 copy shall be provided to the purchaser. 31 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 (4) Such records shall be maintained for a period of 5 2 years, subject to examination by the division or any official 3 of this state with statutory authority pursuant to s. 791.001. 4 (5) It is the responsibility of the manufacturer, 5 distributor, or wholesaler of fireworks to determine if a 6 purchaser is at least 18 years of age, evidenced by the 7 purchaser presenting a valid driver's license or a valid state 8 identification card issued by the Department of Highway Safety 9 and Motor Vehicles. 10 (6) It is the responsibility of the manufacturer, 11 distributor, or wholesaler of fireworks to determine, when 12 selling fireworks pursuant to s. 791.04, that the purchaser is 13 registered, pursuant to s. 791.015, evidenced by the purchaser 14 presenting a valid certificate of registration issued by the 15 division. If the purchase of fireworks is for public display, 16 the purchase shall be evidenced by the purchaser presenting a 17 public display permit issued by the authority having 18 jurisdiction. Agricultural purchases shall be in compliance 19 with s. 791.07. 20 Section 11. Section 791.05, Florida Statutes, is 21 amended to read: 22 791.05 Contraband; seizure, forfeiture, and disposal 23 of illegal fireworks.-- 24 (1) All fireworks or sparklers controlled by this 25 chapter which are handled, delivered, possessed, manufactured, 26 or distributed contrary to any provision of this chapter, and 27 all such fireworks or sparklers the lawful possession of which 28 is not established or title to which cannot be ascertained, 29 are declared contraband and are subject to seizure and 30 confiscation by any person or law enforcement agency whose 31 duty it is to enforce the provisions of this chapter. 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 (2) The state attorney within whose jurisdiction any 2 such contraband has been seized, or any such attorney as may 3 be employed by a seizing law enforcement agency, shall 4 promptly proceed against the handler, deliverer, possessor, 5 manufacturer, or distributor of the contraband in the circuit 6 court within the jurisdiction in which the seizure or offense 7 occurred and may have such contraband forfeited to the law 8 enforcement agency making the seizure upon showing proof that 9 such contraband was being used or exists in violation of the 10 provisions of this chapter. 11 (3) Any contraband seized as evidence may be sample 12 tested and weighed by the seizing agency after the seizure. 13 Any such sample and analysis shall be admissible into evidence 14 in any civil or criminal action for the purpose of proving the 15 nature, composition, and weight of the fireworks. In addition, 16 the seizing agency may photograph or videotape, for use at 17 trial, the fireworks seized. Except for fireworks retained by 18 the seizing agency for sample testing, analysis, and evidence, 19 upon a final determination that the seized contraband was 20 being used or exists in violation of the provisions of this 21 chapter, the circuit court having jurisdiction shall order 22 such contraband forfeited and destroyed. The method of 23 destruction or disposal of such contraband shall be at the 24 discretion of the seizing agency. 25 (4) The final order of forfeiture by the court shall 26 perfect in the seizing law enforcement agency all rights, 27 title, and interest in and to such contraband and shall relate 28 back to the date of seizure. 29 (5) The court may include in its forfeiture order a 30 provision that the owner or holder of the contraband pay an 31 assessment to cover the cost of disposal of the contraband, 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 including attorney fees and costs, and any costs incurred by 2 the arresting agency in storing the contraband. Each sheriff, 3 or his appointee, or any other police officer, shall seize, 4 take, remove or cause to be removed at the expense of the 5 owner, all stocks of fireworks or combustibles offered or 6 exposed for sale, stored, or held in violation of this 7 chapter. 8 Section 12. Section 791.055, Florida Statutes, is 9 amended to read: 10 791.055 Restrictions upon storage of sparklers or 11 fireworks.--The storage of sparklers or fireworks in this 12 state is governed by s. 1124 of the National Fire Protection 13 Association Code, as adopted by rule. 14 (1) Sparklers shall not be stored or kept for sale in 15 any store: 16 (a) In which paints, oils, or varnishes are 17 manufactured or kept for use or sale unless the paints, oils, 18 or varnishes are in unbroken containers. 19 (b) In which resin, turpentine, gasoline, or flammable 20 substances or substances which may generate vapors are used, 21 stored, or offered for sale unless the resin, turpentine, 22 gasoline, or substances are in unbroken containers. 23 (c) In which there is not at least one approved 24 chemical fire extinguisher ready, available, and equipped for 25 use in extinguishing fires. 26 (2) When sparklers are in storage to be offered for 27 sale at retail, a sign shall be conspicuously displayed over 28 the entrance to the room in which the sparklers are stored, 29 which sign reads: "CAUTION SPARKLERS-NO SMOKING." No person 30 shall be in such room while in possession of a lighted cigar, 31 cigarette, or pipe. 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 Section 13. Section 791.06, Florida Statutes, is 2 amended to read: 3 791.06 Penalties.--Any person, firm, partnership, 4 association, group copartnership, or corporation which 5 violates any provision violating the provisions of ss. 6 791.015, 791.02, 791.021, 791.04, or 791.041 commits this 7 chapter shall be guilty of a felony misdemeanor of the third 8 first degree, punishable as provided in s. 775.083 or, in the 9 case of individuals, the members of a partnership and the 10 responsible officers and agents of an association or 11 corporation, punishable as provided in s. 775.082 or s. 12 775.083. 13 Section 14. Sections 791.061 and 791.062, Florida 14 Statutes, are created to read: 15 791.061 Injunction.--In addition to the penalties and 16 other enforcement provisions of this chapter, if any person 17 engaged in any of the activities regulated by this chapter 18 violates any provision of this chapter or any rule adopted 19 pursuant to this chapter, the division is authorized to 20 institute proceedings for injunctive relief in the circuit 21 court of the county in which such person resides or has his or 22 her principal place of business, and may apply for such 23 temporary or permanent orders as the division deems necessary 24 to restrain such person from engaging in such activities, 25 until such person complies with the provisions of this chapter 26 and such rules. 27 791.062 Municipal and county ordinances, rules, and 28 regulations.--Nothing contained in this chapter affects any 29 existing ordinance, rule, or regulation, pertaining to 30 fireworks or sparklers, of any incorporated city, town, 31 county, or other local governmental entity in this state not 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 less restrictive than the provisions of this chapter and rules 2 adopted pursuant to this chapter, or affect, modify, or limit 3 the power of any such incorporated city, town, county, or 4 other local governmental entity to make ordinances, rules, or 5 regulations under this chapter pertaining to fireworks or 6 sparklers within their respective corporate limits. 7 Section 15. Section 791.07, Florida Statutes, is 8 amended to read: 9 791.07 Agricultural and fish hatchery use.-- 10 (1) Nothing in this chapter shall prohibit the 11 importation, purchase, sale, or use of fireworks used or to be 12 used solely and exclusively in frightening birds from 13 agricultural works and fish hatcheries; and such use shall be 14 governed entirely by the rules prescribed by the Department of 15 Agriculture and Consumer Services. 16 (2) Any person who is engaged in agricultural works or 17 who operates a fish hatchery may use fireworks solely and 18 exclusively for the purpose of frightening birds from doing 19 harm to such person's agricultural works or fish hatchery 20 operation, provided such person first files with the sheriff 21 of the county in which he or she is engaged in agricultural 22 works or the operation of fish hatchery a sworn affidavit in 23 writing that he or she is engaged in agricultural works, 24 describing the nature of such works, or that he or she 25 operates a fish hatchery, describing the nature of such 26 operation, and desires to use fireworks to frighten birds from 27 harming the agricultural works or the fish hatchery operation 28 and that fireworks will be used solely and exclusively for 29 that purpose. The sheriff of the county, upon determining that 30 the sworn affidavit is sufficient and the request is valid, 31 shall issue a permit to the applicant on a form provided by 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 649 565-121A-97 1 the division. The permit shall specify the identity of the 2 applicant and the quantity of fireworks to be purchased and 3 possessed. A copy of the permit shall be retained by the 4 manufacturer, distributor, or wholesaler making the sale as 5 part of their recordkeeping requirement pursuant to s. 791.041 6 and a copy shall be maintained by the applicant with the 7 fireworks covered under the permit. 8 (3) Falsification of any affidavit or permit provided 9 for in this section or providing false information in such 10 sworn affidavit is a felony of the third degree, punishable as 11 provided in s. 775.082 or s. 775.083. Falsification of any 12 such affidavit or permit includes aiding and abetting any such 13 falsification or selling fireworks when the seller knows or 14 has reason to believe the permit is falsified. 15 Section 16. This act shall take effect October 1, 16 1997. 17 18 ***************************************** 19 HOUSE SUMMARY 20 Revises provisions regulating the sale of fireworks. 21 Includes sparklers within regulatory provisions. Provides for cease and desist orders and injunctions. 22 Provides for administrative fines. Provides for suspending or revoking registrations. Requires 23 maintenance of records of sales. Provides for seizure, forfeiture, and disposal of contraband fireworks. See 24 bill for details. 25 26 27 28 29 30 31 22