Senate Bill sb2706

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    Florida Senate - 2004                                  SB 2706

    By Senator Alexander





    17-1705-04

  1                      A bill to be entitled

  2         An act relating to fireworks; amending s.

  3         791.01, F.S.; redefining the term "fireworks";

  4         creating s. 791.081, F.S.; providing

  5         legislative intent; creating s. 791.082, F.S.;

  6         authorizing the purchase of fireworks by adult

  7         noncommercial users; requiring purchasers to

  8         submit a form to the sellers; prescribing

  9         standards to be followed by sellers of

10         fireworks; providing for rules; creating s.

11         791.083, F.S.; prescribing topics the

12         regulation of which by units of local

13         government is permissible; providing an

14         effective date.

15  

16         WHEREAS, consumer fireworks are increasingly present

17  throughout the state and their use is on the rise, and

18         WHEREAS, sales of consumer fireworks in other states,

19  as well as in this state, are contributing to fireworks use

20  and misuse that can cause injuries or property damage when the

21  fireworks are not properly and responsibly used, and

22         WHEREAS, no current regulation governs the use of

23  fireworks and there are no programs that provide a guide to

24  the public on the responsible use of fireworks, NOW,

25  THEREFORE,

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Paragraph (a) of subsection (4) of section

30  791.01, Florida Statutes, is amended to read:

31  

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    Florida Senate - 2004                                  SB 2706
    17-1705-04




 1         791.01  Definitions.--As used in this chapter, the

 2  term:

 3         (4)(a)  "Fireworks" means all 1.4G products as

 4  described and defined in the American Pyrotechnics Association

 5  Standard 87-1, as referred to in 49 C.F.R. s. 173.56(j)(1) New

 6  Explosives--Definition and Procedures for Classification and

 7  Approval. and includes any combustible or explosive

 8  composition or substance or combination of substances or,

 9  except as hereinafter provided, any article prepared for the

10  purpose of producing a visible or audible effect by

11  combustion, explosion, deflagration, or detonation.  The term

12  includes blank cartridges and toy cannons in which explosives

13  are used, the type of balloons which require fire underneath

14  to propel them, firecrackers, torpedoes, skyrockets, roman

15  candles, dago bombs, and any fireworks containing any

16  explosives or flammable compound or any tablets or other

17  device containing any explosive substance.

18         Section 2.  Section 791.081, Florida Statutes, is

19  created to read:

20         791.081  Consumer Fireworks Safety Act;

21  intent.--Sections 791.081-791.083 may be cited as the

22  "Consumer Fireworks Safety Act." The Legislature intends to

23  provide the basis for state and local government regulation of

24  the sales and use of fireworks by consumers.

25         Section 3.  Section 791.082, Florida Statutes, is

26  created to read:

27         791.082  Exemption for personal, noncommercial use of

28  fireworks.--

29         (1)  The sales and use of fireworks, as defined in s.

30  791.01, by consumers are regulated by this act. This chapter

31  does not prohibit the purchase or sale of fireworks for

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    Florida Senate - 2004                                  SB 2706
    17-1705-04




 1  noncommercial use by individuals 18 years of age or older, if

 2  the purchaser certifies in writing on a form prescribed by the

 3  Department of Agriculture and Consumer Services that he or

 4  she:

 5         (a)  Is 18 years of age or older;

 6         (b)  Intends to use the fireworks exclusively for a

 7  noncommercial use;

 8         (c)  Acknowledges, accepts, and will abide by the

 9  safety warnings on the fireworks packaging and labeling on the

10  devices purchased as well as any local ordinance restricting

11  their use; and

12         (d)  Understands that, if misused, a fireworks device

13  could cause injury, death, or serious property damage.

14         (2)  A form completed by a purchaser of fireworks

15  intended for noncommercial use must be maintained by the

16  seller of the fireworks for 12 months, and the seller shall

17  permit department personnel to inspect or copy these forms

18  during normal business hours.

19         (3)  Each seller of fireworks shall abide by the

20  requirements specified in National Fire Protection Association

21  NFPA 1124, Code for the Manufacture, Transportation, Storage,

22  and Retail Sales of Fireworks and Pyrotechnic Articles, 2003

23  Edition, Chapter 7 for both permanent stores and temporary

24  sales locations.

25         (4)  Temporary tent facilities may be operated only by

26  companies that maintain and operate permanent consumer

27  fireworks facilities as defined in NFPA 1124, Code for the

28  Manufacture, Transportation, Storage, and Retail Sales of

29  Fireworks and Pyrotechnic Articles, Chapter 3.3.29 since the

30  year 2000 and are currently licensed and operating in this

31  state. A licensee may not be issued more licenses in any given

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    Florida Senate - 2004                                  SB 2706
    17-1705-04




 1  year for the operation of temporary sales locations than the

 2  number of such licenses issued to such licensee for the 2003

 3  calendar year.

 4         (5)  Temporary tent facilities where fireworks may be

 5  sold must be registered with the department to sell fireworks

 6  and have completed that registration before April 30 of the

 7  current year.

 8         (6)  Each fireworks sales facility must carry a public

 9  and product liability insurance policy in an amount not less

10  than $2 million.

11         (7)  Each fireworks sales facility must be dedicated

12  exclusively to the sale of fireworks and related items.

13  Fireworks sales areas in bulk merchandising retail buildings

14  as defined by NFPA 1124, Chapter 7, must be in accordance with

15  the regulations set forth in that chapter.

16         (8)  A temporary tent facility may not be located

17  within 2,000 feet of an existing permanent consumer fireworks

18  sales facility or within 1,000 feet of a temporary consumer

19  fireworks sales facility as defined by NFPA 1124, Chapter 7.

20  There must be a distance of at least 5,000 feet between an

21  existing fireworks sales facility and any new permanent

22  consumer fireworks sales facility. A county or municipality

23  may impose additional regulations of temporary tent

24  facilities.

25         (9)  The department may adopt rules to administer this

26  section.

27         Section 4.  Section 791.083, Florida Statutes, is

28  created to read:

29         791.083  Local government regulation.--This act does

30  not impair the ability of a unit of local government to impose

31  

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    Florida Senate - 2004                                  SB 2706
    17-1705-04




 1  additional regulations upon the sales and reasonable use of

 2  fireworks by consumers in the following areas:

 3         (1)  The use of fireworks by consumers between the

 4  hours of midnight and 8 a.m.

 5         (2)  The dates upon which fireworks may be used by

 6  consumers, except that the use of fireworks on weekends and

 7  federal holidays may not be restricted.

 8         (3)  The use of fireworks by consumers on public lands.

 9         (4)  The permissible proximity of use to buildings,

10  forest land, or other areas susceptible to fire hazard.

11         (5)  Zoning and land use regulations related to

12  construction of facilities and temporary tent facilities for

13  sales of fireworks to consumers.

14         Section 5.  This act shall take effect upon becoming a

15  law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Provides for the noncommercial use of "fireworks," as
      redefined, by adult consumers. Prescribes topics over
20    which local governments may exercise regulatory powers.

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