| 1 | A bill to be entitled |
| 2 | An act relating to fireworks; amending s. 791.001, F.S.; |
| 3 | specifying persons and entities responsible for enforcing |
| 4 | ch. 791, F.S.; amending s. 791.01, F.S.; revising and |
| 5 | providing additional definitions; amending s. 791.012, |
| 6 | F.S.; conforming a cross reference; amending s. 791.015, |
| 7 | F.S.; revising registration requirements for |
| 8 | manufacturers, distributors, and wholesalers of sparklers |
| 9 | or fireworks and retailers of sparklers; requiring a |
| 10 | separate registration for each location at which sparklers |
| 11 | are sold and for each location at which fireworks will be |
| 12 | manufactured or sold; increasing certain registration |
| 13 | fees; creating s. 791.016, F.S.; providing for issuance of |
| 14 | cease and desist orders; creating s. 791.017, F.S.; |
| 15 | providing for administrative fines; creating s. 791.018, |
| 16 | F.S.; providing for suspension or revocation of |
| 17 | registration and grounds therefor; creating s. 791.019, |
| 18 | F.S.; providing duration of suspensions and revocations; |
| 19 | amending s. 791.02, F.S.; providing for state issuance of |
| 20 | permits for public displays of fireworks in the absence of |
| 21 | a local permitting process; prohibiting the sale or |
| 22 | delivery of sparklers or other fireworks to minors; |
| 23 | prohibiting sales from motorized or movable apparatus; |
| 24 | authorizing sales from tents meeting applicable codes and |
| 25 | fire regulations; creating s. 791.021, F.S.; prescribing |
| 26 | guidelines for the sale of sparklers; amending s. 791.04, |
| 27 | F.S.; prescribing guidelines for the sale at wholesale and |
| 28 | the transport of fireworks; creating s. 791.041, F.S.; |
| 29 | providing recordkeeping requirements; providing duties of |
| 30 | manufacturers, distributors, and wholesalers with respect |
| 31 | to determination of purchasers' ages and registration; |
| 32 | amending s. 791.05, F.S.; revising provisions and |
| 33 | procedures relating to forfeiture of contraband fireworks; |
| 34 | authorizing an assessment for disposal, including |
| 35 | attorney's fees and costs; amending s. 791.055, F.S.; |
| 36 | providing restrictions on the storage of sparklers and |
| 37 | fireworks; amending s. 791.06, F.S.; providing penalties |
| 38 | for violations, including enhanced penalties for second |
| 39 | and subsequent violations; creating s. 791.061, F.S.; |
| 40 | providing for injunctive relief; amending s. 791.07, F.S.; |
| 41 | prescribing additional guidelines for the use of fireworks |
| 42 | by persons engaged in agricultural works or the operation |
| 43 | of a fish hatchery; creating s. 791.08, F.S.; declaring |
| 44 | that the state does not preempt the field of fireworks |
| 45 | regulation; authorizing the adoption of local ordinances |
| 46 | and rules that are more stringent than state law; |
| 47 | providing an effective date. |
| 48 |
|
| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
|
| 51 | Section 1. Section 791.001, Florida Statutes, is amended |
| 52 | to read: |
| 53 | 791.001 Application and enforcement.--This chapter shall |
| 54 | be applied uniformly throughout the state. The State Fire |
| 55 | Marshal or a designated agent under his or her authority, any |
| 56 | sheriff or sheriff's deputy, any other law enforcement agency or |
| 57 | law enforcement officer, or any certified firesafety inspector |
| 58 | charged with enforcing the laws of this state or any state |
| 59 | agency rule, county or municipal ordinance, or code provision |
| 60 | has jurisdiction to enforce this chapter. Enforcement of this |
| 61 | chapter shall remain with local law enforcement departments and |
| 62 | officials charged with the enforcement of the laws of the state. |
| 63 | Section 2. Section 791.01, Florida Statutes, is amended to |
| 64 | read: |
| 65 | 791.01 Definitions.--As used in this chapter, the term: |
| 66 | (1) "Authority having jurisdiction" means the state; any |
| 67 | county, municipality, or special district; or any local or other |
| 68 | regional department, bureau, or individual, such as a fire |
| 69 | chief, fire marshal, administrative head of a fire prevention |
| 70 | bureau, law enforcement officer, building official, or other |
| 71 | person, having statutory authority to enforce the laws of this |
| 72 | state or any state agency rule, county or municipal ordinance, |
| 73 | or code provision. |
| 74 | (2) "Distributor of fireworks" means any person or |
| 75 | organization engaged in the business of selling fireworks. |
| 76 | (3)(1) "Distributor of sparklers" means any person or |
| 77 | organization engaged in the business of selling sparklers to a |
| 78 | wholesaler. |
| 79 | (4)(2) "Division" means the Division of the State Fire |
| 80 | Marshal of the Department of Financial Services. |
| 81 | (5)(3) "Explosive compound" means any chemical compound, |
| 82 | mixture, or device the primary or common purpose of which is to |
| 83 | function by the substantially instantaneous release of gas and |
| 84 | heat. |
| 85 | (6)(4)(a) "Fireworks" means and includes any combustible |
| 86 | or explosive composition or substance or combination of |
| 87 | substances or, except as hereinafter provided, any article |
| 88 | prepared for the purpose of producing a visible or audible |
| 89 | effect by combustion, explosion, deflagration, or detonation. |
| 90 | The term includes blank cartridges and toy cannons in which |
| 91 | explosives are used, the type of balloons which require fire |
| 92 | underneath to propel them, firecrackers, torpedoes, skyrockets, |
| 93 | roman candles, dago bombs, and any fireworks containing any |
| 94 | explosives or flammable compound or any tablets or other device |
| 95 | containing any explosive substance. |
| 96 | (b) "Fireworks" does not include sparklers approved by the |
| 97 | division pursuant to s. 791.013; toy pistols, toy canes, toy |
| 98 | guns, or other devices in which paper caps containing twenty- |
| 99 | five hundredths grains or less of explosive compound are used, |
| 100 | providing they are so constructed that the hand cannot come in |
| 101 | contact with the cap when in place for the explosion; and toy |
| 102 | pistol paper caps which contain less than twenty hundredths |
| 103 | grains of explosive mixture, the sale and use of which shall be |
| 104 | permitted at all times. |
| 105 | (c) "Fireworks" also does not include the following |
| 106 | novelties and trick noisemakers: |
| 107 | 1. A snake or glow worm, which is a pressed pellet of not |
| 108 | more than 10 grams of pyrotechnic composition that produces a |
| 109 | large, snakelike ash which expands in length as the pellet burns |
| 110 | and that does not contain mercuric thiocyanate. |
| 111 | 2. A smoke device, which is a tube or sphere containing |
| 112 | not more than 10 grams of pyrotechnic composition that, upon |
| 113 | burning, produces white or colored smoke as the primary effect. |
| 114 | 3. A trick noisemaker, which is a device that produces a |
| 115 | small report intended to surprise the user and which includes: |
| 116 | a. A party popper, which is a small plastic or paper |
| 117 | device containing not more than 16 milligrams of explosive |
| 118 | composition that is friction sensitive, which is ignited by |
| 119 | pulling a string protruding from the device, and which expels a |
| 120 | paper streamer and produces a small report. |
| 121 | b. A booby trap, which is a small tube with a string |
| 122 | protruding from both ends containing not more than 16 milligrams |
| 123 | of explosive compound, which is ignited by pulling the ends of |
| 124 | the string, and which produces a small report. |
| 125 | c. A snapper, which is a small, paper-wrapped device |
| 126 | containing not more than four milligrams of explosive |
| 127 | composition coated on small bits of sand, and which, when |
| 128 | dropped, explodes, producing a small report. A snapper may not |
| 129 | contain more than 250 milligrams of total sand and explosive |
| 130 | composition. |
| 131 | d. A trick match, which is a kitchen or book match which |
| 132 | is coated with not more than 16 milligrams of explosive or |
| 133 | pyrotechnic composition and which, upon ignition, produces a |
| 134 | small report or shower of sparks. |
| 135 | e. A cigarette load, which is a small wooden peg that has |
| 136 | been coated with not more than 16 milligrams of explosive |
| 137 | composition and which produces, upon ignition of a cigarette |
| 138 | containing one of the pegs, a small report. |
| 139 | f. An auto burglar alarm, which is a tube which contains |
| 140 | not more than 10 grams of pyrotechnic composition that produces |
| 141 | a loud whistle or smoke when ignited and which is ignited by use |
| 142 | of a squib. A small quantity of explosive, not exceeding 50 |
| 143 | milligrams, may also be used to produce a small report. |
| 144 |
|
| 145 | The sale and use of items listed in this paragraph are permitted |
| 146 | at all times. |
| 147 | (7) "Fixed location" means a building or structure that is |
| 148 | intended to remain in place for a period of more than 180 |
| 149 | consecutive days. |
| 150 | (8) "Manufacturer of fireworks" means any person or |
| 151 | organization engaged in the manufacture or construction of |
| 152 | fireworks in this state. |
| 153 | (9)(5) "Manufacturer of sparklers" means any person or |
| 154 | organization engaged in the manufacture or construction of |
| 155 | sparklers in this state. |
| 156 | (10) "Organization" means any club, group, association, |
| 157 | church or other religious entity, nonprofit corporation, or |
| 158 | similar entity. |
| 159 | (11) "Person" includes any individual person and any firm, |
| 160 | sole proprietorship, partnership, corporation, limited liability |
| 161 | corporation or partnership, professional association, or other |
| 162 | similar entity. |
| 163 | (12)(6) "Retailer" means any person who, at a fixed |
| 164 | location place of business, is engaged in selling sparklers to |
| 165 | consumers at retail. |
| 166 | (13)(7) "Seasonal retailer" means any person engaged in |
| 167 | the business of selling sparklers at retail in this state from |
| 168 | June 20 through July 5 and from December 10 through January 2 of |
| 169 | each year. |
| 170 | (14)(8) "Sparkler" means a device which emits showers of |
| 171 | sparks upon burning, does not contain any explosive compounds, |
| 172 | does not detonate or explode, is hand held or ground based, |
| 173 | cannot propel itself through the air, and contains not more than |
| 174 | 100 grams of the chemical compound which produces sparks upon |
| 175 | burning. Any sparkler that is not approved by the division is |
| 176 | classified as fireworks. |
| 177 | (15) "Wholesaler of fireworks" means any person or |
| 178 | organization engaged in the business of selling fireworks to |
| 179 | another wholesaler, a distributor, or a manufacturer registered |
| 180 | under this chapter or for agricultural or public display |
| 181 | purposes. |
| 182 | (16)(9) "Wholesaler of sparklers" means any person or |
| 183 | organization engaged in the business of selling sparklers to a |
| 184 | retailer. |
| 185 | Section 3. Section 791.012, Florida Statutes, is amended |
| 186 | to read: |
| 187 | 791.012 Minimum fireworks safety standards.--The outdoor |
| 188 | display of fireworks in this state shall be governed by the |
| 189 | National Fire Protection Association (NFPA) 1123, Code for |
| 190 | Fireworks Display, 1995 Edition, approved by the American |
| 191 | National Standards Institute. Any state, county, or municipal |
| 192 | law, rule, or ordinance may provide for more stringent |
| 193 | regulations for the outdoor display of fireworks, but in no |
| 194 | event may any such law, rule, or ordinance provide for less |
| 195 | stringent regulations for the outdoor display of fireworks. The |
| 196 | division shall adopt promulgate rules to carry out the |
| 197 | provisions of this section. The Code for Fireworks Display |
| 198 | shall not govern the display of any fireworks on private, |
| 199 | residential property and shall not govern the display of those |
| 200 | items included under s. 791.01(6)(b) and (c) s. 791.01(4)(b) and |
| 201 | (c) and authorized for sale thereunder. |
| 202 | Section 4. Section 791.015, Florida Statutes, is amended |
| 203 | to read: |
| 204 | 791.015 Registration of manufacturers, distributors, and |
| 205 | wholesalers of sparklers or fireworks, and retailers of |
| 206 | sparklers.-- |
| 207 | (1) REGISTRATION REQUIREMENTS.--An organization or |
| 208 | individual may not engage in the business of manufacturing, |
| 209 | distributing, or selling at wholesale or retail any firework or |
| 210 | sparkler except as provided in this section. Any manufacturer, |
| 211 | distributor, or wholesaler of sparklers or fireworks and any, |
| 212 | retailer, or seasonal retailer of sparklers who wishes to do |
| 213 | business in this state or to otherwise sell, ship, or assign for |
| 214 | sale its products in this state must register annually with the |
| 215 | division on forms prescribed by the division. A manufacturer, |
| 216 | distributor, wholesaler, retailer, or seasonal retailer must |
| 217 | submit a separate registration form and a separate registration |
| 218 | fee for each location where sparklers will be sold. A |
| 219 | manufacturer, distributor, or wholesaler who wishes to engage in |
| 220 | the business of manufacturing, distributing, or selling |
| 221 | fireworks to the extent allowed in this chapter must submit a |
| 222 | separate registration form and a separate registration fee for |
| 223 | each location where fireworks will be manufactured or sold. |
| 224 | Registration certificates issued by the division shall be |
| 225 | displayed on the premises and made available for immediate |
| 226 | inspection by the authority having jurisdiction or the division. |
| 227 | A person may not alter, deface, or copy a certificate of |
| 228 | registration. Any retailer who sells sparklers at more than one |
| 229 | retail location may submit one registration form for all such |
| 230 | locations but must provide the address of each location with the |
| 231 | registration form; however, any retailer may submit multiple |
| 232 | registration forms. |
| 233 | (2) REGISTRATION FORM.--The registration form filed with |
| 234 | the division must be notarized and must include the following |
| 235 | information: name of the individual, if the certificate is to be |
| 236 | held in an individual capacity; business name; address; |
| 237 | telephone number; officers, if the business is a corporation; |
| 238 | and an individual designated as a contact person. The form for |
| 239 | application for registration by the division must be accompanied |
| 240 | by evidence of registration with the Department of Revenue under |
| 241 | chapter 212. |
| 242 | (3) FEES.-- |
| 243 | (a) Each manufacturer, distributor, or wholesaler must pay |
| 244 | an annual registration fee to be set by the division not to |
| 245 | exceed $1,000 for each manufacturer, distributor, or wholesale |
| 246 | location registered. Each seasonal retailer must pay an annual |
| 247 | registration fee to be set by the division not to exceed $200 |
| 248 | for each seasonal retailer location registered. Each retailer |
| 249 | shall pay an annual registration fee to be set by the division |
| 250 | not to exceed $25 $15 for each retail location registered. Each |
| 251 | certificateholder wishing to have a duplicate certificate issued |
| 252 | for one which is lost or to reflect a change of mailing address |
| 253 | shall request such duplicate in writing and shall pay a fee of |
| 254 | $15 $5. A duplicate certificate may not be issued to indicate a |
| 255 | change in business location. A change in business location |
| 256 | requires a new application for registration and fee. |
| 257 | (b) Revenue from registration fee payments shall be |
| 258 | deposited in the Insurance Regulatory Trust Fund for the |
| 259 | purposes of implementing the registration and testing provisions |
| 260 | of this chapter. |
| 261 | (4) RULES.--The State Fire Marshal may adopt rules |
| 262 | prescribing registration forms required by this section. |
| 263 | Section 5. Section 791.016, Florida Statutes, is created |
| 264 | to read: |
| 265 | 791.016 Procedures for cease and desist orders; |
| 266 | administrative fine.-- |
| 267 | (1) Any time the division has reason to believe that a |
| 268 | person is committing or has committed a violation of this |
| 269 | chapter or any rule adopted under this chapter, the division |
| 270 | shall determine the matter by issuing a notice of intent to |
| 271 | issue a cease and desist order and provide an opportunity for a |
| 272 | hearing and all other requirements of chapter 120. |
| 273 | (2) If the division determines that the acts complained of |
| 274 | are in violation of any provision of this chapter or any rule |
| 275 | adopted under this chapter, the division shall issue a final |
| 276 | order requiring the person to cease and desist from the |
| 277 | violation or imposing an administrative fine, or both. |
| 278 | (3) This section shall be enforced as provided in chapter |
| 279 | 120. |
| 280 | Section 6. Section 791.017, Florida Statutes, is created |
| 281 | to read: |
| 282 | 791.017 Administrative fines.-- |
| 283 | (1) If a person violates any provision of this chapter or |
| 284 | any rule adopted under this chapter, or violates a cease and |
| 285 | desist order, the division may impose an administrative fine, |
| 286 | not to exceed $1,000 for each violation, or suspend or revoke |
| 287 | the certificate of registration issued. |
| 288 | (2) The division may allow the certificateholder a |
| 289 | reasonable time, not to exceed 30 days, to pay the penalty in |
| 290 | its entirety to the division. If the certificateholder fails to |
| 291 | pay the penalty in its entirety within the period allowed, the |
| 292 | division shall revoke the certificates held. |
| 293 | (3) If a cease and desist order has been issued, each day |
| 294 | the cease and desist order is violated constitutes a separate |
| 295 | violation for purposes of assessing an administrative fine. |
| 296 | (4) If the violation is based on an unlawful sale, each |
| 297 | sale constitutes a separate violation for purposes of assessing |
| 298 | an administrative fine. |
| 299 | (5) The maximum administrative fine imposed on any person |
| 300 | or organization may not exceed $500,000. |
| 301 | Section 7. Section 791.018, Florida Statutes, is created |
| 302 | to read: |
| 303 | 791.018 Grounds for suspension or revocation of |
| 304 | registration certificate for manufacturers, distributors, |
| 305 | wholesalers, and retailers.-- |
| 306 | (1) The division may suspend or revoke the registration |
| 307 | certificate of manufacturers, distributors, wholesalers, and |
| 308 | retailers for one or more of the following grounds: |
| 309 | (a) Material misstatement, misrepresentation, or fraud in |
| 310 | obtaining or attempting to obtain a registration certificate. |
| 311 | (b) Willful use of a registration certificate to |
| 312 | circumvent any requirement or prohibition in this chapter. |
| 313 | (c) Fraudulent or dishonest practices in the conduct of |
| 314 | business under the authority of the registration certificate. |
| 315 | (d) Violation of or failure to comply with any order or |
| 316 | rule of the division or any provision of this chapter. |
| 317 | (2) This section shall be enforced as provided in chapter |
| 318 | 120. |
| 319 | Section 8. Section 791.019, Florida Statutes, is created |
| 320 | to read: |
| 321 | 791.019 Duration of suspension or revocation.-- |
| 322 | (1) The division shall, in its order suspending the |
| 323 | registration certificate of an individual, firm, partnership, |
| 324 | association, group, or corporation, specify the period during |
| 325 | which the suspension is to be effective, but such period may not |
| 326 | exceed 2 years. The registration certificate shall remain |
| 327 | suspended during the period specified, subject to any rescission |
| 328 | or modification of the order by the division or modification or |
| 329 | reversal thereof by the court prior to expiration of the |
| 330 | suspension period. A registration certificate that has been |
| 331 | suspended may not be reinstated except upon request for |
| 332 | reinstatement, but the division may not grant such reinstatement |
| 333 | if it finds that the circumstance or circumstances for which the |
| 334 | registration certificate was suspended or revoked still exist or |
| 335 | are likely to recur. |
| 336 | (2) A person or organization holding a registration |
| 337 | certificate revoked by the division may not apply for another |
| 338 | registration certificate under this chapter within 2 years after |
| 339 | the effective date of revocation or, if judicial review of |
| 340 | revocation is sought, within 2 years after the date of the final |
| 341 | court order or decree affirming the revocation order. |
| 342 | (3) The division may not issue a registration certificate |
| 343 | to any person or organization whose registration certificate has |
| 344 | been revoked on two separate occasions. |
| 345 | (4) During the period of suspension, or after revocation |
| 346 | of the registration certificate, the former certificateholder |
| 347 | may not engage in, or attempt or profess to engage in, any |
| 348 | transaction or business for which a registration certificate is |
| 349 | required by this chapter. |
| 350 | Section 9. Section 791.02, Florida Statutes, is amended to |
| 351 | read: |
| 352 | 791.02 Sale of fireworks regulated; rules and |
| 353 | regulations.-- |
| 354 | (1) Except as hereinafter provided it is unlawful for any |
| 355 | person or organization, firm, copartnership, or corporation to |
| 356 | offer for sale, expose for sale, sell at retail, or use or |
| 357 | explode any fireworks; provided that the board of county |
| 358 | commissioners shall have power to adopt reasonable rules and |
| 359 | regulations for the granting of permits for supervised public |
| 360 | display of fireworks by fair associations, amusement parks, and |
| 361 | other organizations or groups of individuals when such public |
| 362 | display is to take place outside of any municipality; provided, |
| 363 | further, that the governing body of any municipality shall have |
| 364 | power to adopt reasonable rules and regulations for the granting |
| 365 | of permits for supervised public display of fireworks within the |
| 366 | boundaries of any municipality. Every such display shall be |
| 367 | handled by a competent operator to be approved by the chiefs of |
| 368 | the police and fire departments of the municipality in which the |
| 369 | display is to be held, and shall be of such a character, and so |
| 370 | located, discharged, or fired as in the opinion of the chief of |
| 371 | the fire department, after proper inspection, shall not be |
| 372 | hazardous to property or endanger any person. Application for |
| 373 | permits shall be made in writing at least 15 days in advance of |
| 374 | the date of the display. If the local authority licensing |
| 375 | jurisdiction does not have a permit process for the public |
| 376 | display of fireworks, applications shall be made to the State |
| 377 | Fire Marshal. After such privilege is shall have been granted, |
| 378 | sales, possession, use, and distribution of fireworks for such |
| 379 | display shall be lawful for that purpose only. No permit |
| 380 | granted hereunder shall be transferable. Any public display of |
| 381 | fireworks must be conducted in compliance with s. 791.012. |
| 382 | (2) A sparkler or other product authorized for sale under |
| 383 | this chapter may not be sold or shipped to any person younger |
| 384 | than 18 years of age. A sparkler or other product authorized for |
| 385 | sale under this chapter may not be sold by a retailer or |
| 386 | seasonal retailer unless the product was obtained from a |
| 387 | manufacturer, distributor, or wholesaler registered with the |
| 388 | division pursuant to s. 791.015. Each retailer and seasonal |
| 389 | retailer shall keep, at every location where sparklers are sold, |
| 390 | a copy of an invoice or other evidence of purchase from the |
| 391 | manufacturer, distributor, or wholesaler, which states the |
| 392 | registration certificate number for the particular manufacturer, |
| 393 | distributor, or wholesaler and the specific items covered by the |
| 394 | invoice. Each seasonal retailer shall, in addition, exhibit a |
| 395 | copy of his or her registration certificate at each retail or |
| 396 | seasonal retail location. Retail sales may not be made from any |
| 397 | type of motorized or movable apparatus. Sales from tents that |
| 398 | meet all applicable codes and fire regulations are allowed. |
| 399 | Section 10. Section 791.021, Florida Statutes, is created |
| 400 | to read: |
| 401 | 791.021 Sale of sparklers.-- |
| 402 | (1) A person, organization, manufacturer, distributor, |
| 403 | wholesaler, retailer, or seasonal retailer may not purchase, |
| 404 | sell, or solicit to sell sparklers except in conformance with |
| 405 | this chapter. |
| 406 | (2) It is the responsibility of the person, organization, |
| 407 | manufacturer, distributor, or wholesaler to determine that the |
| 408 | purchaser is registered with the division. |
| 409 | (3) It is the responsibility of the retailer or seasonal |
| 410 | retailer of sparklers to determine that a purchaser is at least |
| 411 | 18 years of age, evidenced by the purchaser presenting a valid |
| 412 | driver's license or a valid state identification card issued by |
| 413 | the Department of Highway Safety and Motor Vehicles. |
| 414 | Section 11. Section 791.04, Florida Statutes, is amended |
| 415 | to read: |
| 416 | 791.04 Sale at wholesale; requirements for transport, |
| 417 | etc., exempted.-- |
| 418 | (1) A Nothing in this chapter shall be construed to |
| 419 | prohibit any manufacturer, distributor, or wholesaler of |
| 420 | fireworks who has registered with the division pursuant to s. |
| 421 | 791.015 may to sell at wholesale any such fireworks as are not |
| 422 | herein prohibited to any manufacturer, distributor, or |
| 423 | wholesaler of fireworks who has registered with the division and |
| 424 | holds a current certificate of registration. |
| 425 | (2) Fireworks shall be shipped or transported directly out |
| 426 | of state or stored in compliance with s. 791.055 by the |
| 427 | manufacturer, distributor, or wholesaler of fireworks. |
| 428 | (3) Sale of fireworks may be made to a person holding a |
| 429 | public display permit issued by the authority having |
| 430 | jurisdiction for the purpose of conducting a public display of |
| 431 | fireworks in compliance with s. 791.012. Transport must be by a |
| 432 | bonded commercial carrier or by a person employed by the |
| 433 | manufacturer, distributor, or wholesaler of fireworks. Transport |
| 434 | must be accompanied by an invoice or bill of lading identifying |
| 435 | the manufacturer, distributor, or wholesaler of fireworks with |
| 436 | the current certificate of registration number on the invoice or |
| 437 | bill of lading and an itemized list of the contents of the |
| 438 | shipment.; to prohibit the sale of any kind of fireworks at |
| 439 | wholesale between manufacturers, distributors, and wholesalers |
| 440 | who have registered with the division pursuant to s. 791.015; to |
| 441 | prohibit the sale of any kind of fireworks provided the same are |
| 442 | to be shipped directly out of state by such manufacturer, |
| 443 | distributor, or wholesaler; to prohibit the sale of fireworks to |
| 444 | be used by a person holding a permit from any board of county |
| 445 | commissioners at the display covered by such permit; or to |
| 446 | prohibit the use of fireworks by railroads or other |
| 447 | transportation agencies for signal purposes or illumination or |
| 448 | when used in quarrying or for blasting or other industrial use, |
| 449 | or the sale or use of blank cartridges for a show or theater, or |
| 450 | for signal or ceremonial purposes in athletics or sports, or for |
| 451 | use by military organizations, or organizations composed of the |
| 452 | Armed Forces of the United States; provided, nothing in this |
| 453 | chapter shall be construed as barring the operations of |
| 454 | manufacturers, duly licensed, from manufacturing, experimenting, |
| 455 | exploding, and storing such fireworks in their compounds or |
| 456 | proving grounds. |
| 457 | Section 12. Section 791.041, Florida Statutes, is created |
| 458 | to read: |
| 459 | 791.041 Maintenance of records of sales of fireworks by |
| 460 | manufacturers, distributors, and wholesalers; examination of |
| 461 | records; responsibility to determine purchaser's age and |
| 462 | registration.-- |
| 463 | (1) A person, organization, manufacturer, distributor, or |
| 464 | wholesaler may not purchase, sell, or solicit to sell fireworks |
| 465 | except in conformance with this chapter. |
| 466 | (2) Each sale or transaction must be evidenced by an |
| 467 | invoice or sales ticket that bears the name, address, and |
| 468 | certificate of registration number of the purchaser or, in the |
| 469 | case of a sale conducted for public display, a copy of the |
| 470 | permit issued by the authority having jurisdiction, the date of |
| 471 | the sale, the products sold, and the quantity sold. All invoices |
| 472 | and sales tickets shall be maintained by the manufacturer, |
| 473 | distributor, or wholesaler of fireworks and a copy provided to |
| 474 | the purchaser. |
| 475 | (3) Such records shall be maintained for 5 years, subject |
| 476 | to examination by the division or any official of this state |
| 477 | with statutory authority under s. 791.001. |
| 478 | (4) A person may not knowingly withhold information or |
| 479 | make any false or fictitious entry or misrepresentation upon any |
| 480 | sales invoice, sales ticket, or account of inventories. |
| 481 | (5) It is the responsibility of the manufacturer, |
| 482 | distributor, or wholesaler of fireworks to determine that a |
| 483 | purchaser is at least 18 years of age, evidenced by the |
| 484 | purchaser's presenting a valid driver's license or a valid state |
| 485 | identification card issued by the Department of Highway Safety |
| 486 | and Motor Vehicles. |
| 487 | (6) It is the responsibility of the manufacturer, |
| 488 | distributor, or wholesaler of fireworks to determine, when |
| 489 | selling fireworks under s. 791.04, that the purchaser is |
| 490 | registered under s. 791.015, evidenced by the purchaser |
| 491 | presenting a valid certificate of registration issued by the |
| 492 | division. If the purchase of fireworks is for public display, |
| 493 | the purchase must be evidenced by the purchaser presenting a |
| 494 | public display permit issued by the authority having |
| 495 | jurisdiction. Agricultural purchases shall be in compliance with |
| 496 | s. 791.07. |
| 497 | Section 13. Section 791.05, Florida Statutes, is amended |
| 498 | to read: |
| 499 | 791.05 Contraband; seizure, forfeiture, and disposal of |
| 500 | illegal fireworks.-- |
| 501 | (1) All fireworks or sparklers that are handled, |
| 502 | delivered, possessed, manufactured, or distributed contrary to |
| 503 | any provision of this chapter and all such fireworks or |
| 504 | sparklers the lawful possession of which is not established or |
| 505 | title to which cannot be ascertained are declared contraband and |
| 506 | are subject to seizure and confiscation by any person or law |
| 507 | enforcement agency whose duty it is to enforce this chapter. |
| 508 | (2) The state attorney within whose jurisdiction the |
| 509 | unlawful fireworks or sparklers have been seized or any such |
| 510 | attorney as is employed by the seizing law enforcement agency |
| 511 | shall promptly proceed against the contraband fireworks and show |
| 512 | cause in the circuit court within the jurisdiction in which the |
| 513 | seizure or offense occurred and may have such contraband article |
| 514 | or articles forfeited to the law enforcement agency making the |
| 515 | seizure upon showing proof that the contraband fireworks were |
| 516 | being used or exist in violation of this chapter. |
| 517 | (3) Any fireworks seized as evidence may be sample tested |
| 518 | and weighed by the seizing agency after the seizure. Any such |
| 519 | sample and analysis thereof may be admitted into evidence in any |
| 520 | civil or criminal action for the purpose of proving the nature, |
| 521 | composition, and weight of the fireworks. In addition, the |
| 522 | seizing agency may photograph or videotape, for use at trial, |
| 523 | the fireworks seized. Except for fireworks retained by the |
| 524 | seizing agency for sample testing, analysis, and evidence, upon |
| 525 | a final determination that the seized fireworks were being used |
| 526 | or exist in violation of this chapter, the circuit court having |
| 527 | jurisdiction shall order such fireworks forfeited and destroyed. |
| 528 | The method of destruction or disposal of such fireworks shall be |
| 529 | at the discretion of the seizing agency. |
| 530 | (4) The final order of forfeiture by the court shall |
| 531 | perfect in the seizing law enforcement agency all rights, title, |
| 532 | and interest in and to such fireworks and shall relate back to |
| 533 | the date of seizure. |
| 534 | (5) The court may include in its forfeiture order a |
| 535 | provision that the owner or holder of the contraband fireworks |
| 536 | pay an assessment to cover the cost of disposal of contraband, |
| 537 | including attorney's fees and costs, and any costs incurred by |
| 538 | the arresting agency in storing the contraband. Each sheriff, or |
| 539 | his or her appointee, or any other police officer, shall seize, |
| 540 | take, remove or cause to be removed at the expense of the owner, |
| 541 | all stocks of fireworks or combustibles offered or exposed for |
| 542 | sale, stored, or held in violation of this chapter. |
| 543 | Section 14. Section 791.055, Florida Statutes, is amended |
| 544 | to read: |
| 545 | 791.055 Restrictions upon storage of sparklers and |
| 546 | fireworks.--The storage of sparklers and fireworks in this state |
| 547 | is governed by the National Fire Protection Association 1124 |
| 548 | Code as adopted by rule of the Department of Financial Services. |
| 549 | (1) Sparklers shall not be stored or kept for sale in any |
| 550 | store: |
| 551 | (a) In which paints, oils, or varnishes are manufactured |
| 552 | or kept for use or sale unless the paints, oils, or varnishes |
| 553 | are in unbroken containers. |
| 554 | (b) In which resin, turpentine, gasoline, or flammable |
| 555 | substances or substances which may generate vapors are used, |
| 556 | stored, or offered for sale unless the resin, turpentine, |
| 557 | gasoline, or substances are in unbroken containers. |
| 558 | (c) In which there is not at least one approved chemical |
| 559 | fire extinguisher ready, available, and equipped for use in |
| 560 | extinguishing fires. |
| 561 | (2) When sparklers are in storage to be offered for sale |
| 562 | at retail, a sign shall be conspicuously displayed over the |
| 563 | entrance to the room in which the sparklers are stored, which |
| 564 | sign reads: "CAUTION SPARKLERS-NO SMOKING." No person shall be |
| 565 | in such room while in possession of a lighted cigar, cigarette, |
| 566 | or pipe. |
| 567 | Section 15. Section 791.06, Florida Statutes, is amended |
| 568 | to read: |
| 569 | 791.06 Penalties.-- |
| 570 | (1) Any person or organization that violates any provision |
| 571 | of s. 791.015, s. 791.02, s. 791.021, s. 791.04, or s. 791.041 |
| 572 | commits a misdemeanor of the first degree, punishable as |
| 573 | provided in s. 775.082 or s. 775.083. |
| 574 | (2) Any person or organization that commits a second or |
| 575 | subsequent violation of any provision of s. 791.015, s. 791.02, |
| 576 | s. 791.021, s. 791.04, or s. 791.041 commits a felony of the |
| 577 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 578 | or s. 775.084. Any firm, copartnership, or corporation violating |
| 579 | the provisions of this chapter shall be guilty of a misdemeanor |
| 580 | of the first degree, punishable as provided in s. 775.083 or, in |
| 581 | the case of individuals, the members of a partnership and the |
| 582 | responsible officers and agents of an association or |
| 583 | corporation, punishable as provided in s. 775.082 or s. 775.083. |
| 584 | Section 16. Section 791.061, Florida Statutes, is created |
| 585 | to read: |
| 586 | 791.061 Injunction.--In addition to the penalties and |
| 587 | other enforcement provisions of this chapter, if any person |
| 588 | engages in any activity prohibited by this chapter or violates |
| 589 | any provision of this chapter or any rule adopted under this |
| 590 | chapter, the division may resort to proceedings for injunctive |
| 591 | relief in the circuit court of the county in which such person |
| 592 | resides or has a principal place of business and therein apply |
| 593 | for such temporary or permanent orders as the division deems |
| 594 | necessary to restrain the person from engaging in any such |
| 595 | activities, until such person has complied with the provisions |
| 596 | of this chapter and such rules. |
| 597 | Section 17. Section 791.07, Florida Statutes, is amended |
| 598 | to read: |
| 599 | 791.07 Agricultural and fish hatchery use.-- |
| 600 | (1) Nothing in This chapter does not shall prohibit the |
| 601 | importation, purchase, sale, or use of fireworks used or to be |
| 602 | used solely and exclusively in frightening birds from |
| 603 | agricultural works and fish hatcheries; and such use shall be |
| 604 | governed entirely by the rules prescribed by the Department of |
| 605 | Agriculture and Consumer Services. |
| 606 | (2) Any person who is engaged in agricultural works or who |
| 607 | operates a fish hatchery may use fireworks solely and |
| 608 | exclusively for the purpose of frightening birds in order to |
| 609 | prevent them from doing harm to such person's agricultural works |
| 610 | or fish hatchery operation; however, such person must first file |
| 611 | with the sheriff of the county or the authority having |
| 612 | jurisdiction in the county in which the person is engaged in |
| 613 | agricultural works or the operation of a fish hatchery a sworn |
| 614 | affidavit in writing that he or she is engaged in agricultural |
| 615 | works, describing the nature of such, or that he or she operates |
| 616 | a fish hatchery, describing the nature of such, and desires to |
| 617 | use fireworks to frighten birds in order to prevent them from |
| 618 | harming the agricultural works or fish hatchery operation and |
| 619 | that fireworks will be used solely and exclusively for that |
| 620 | purpose. The sheriff of the county or the authority having |
| 621 | jurisdiction, upon determining that the sworn affidavit is |
| 622 | sufficient and the request is valid, shall issue a permit, on a |
| 623 | form provided by the division, to the applicant. The permit must |
| 624 | identify the applicant and the quantity of fireworks to be |
| 625 | purchased and possessed. A copy of the permit shall be retained |
| 626 | by the manufacturer, distributor, or wholesaler making the sale |
| 627 | as part of its recordkeeping requirement under s. 791.041, and a |
| 628 | copy shall be maintained by the applicant with a listing of the |
| 629 | fireworks covered under the permit. |
| 630 | (3) Falsification of any affidavit or permit provided for |
| 631 | in this section or providing false information in such sworn |
| 632 | affidavit is a misdemeanor of the first degree, punishable as |
| 633 | provided in s. 775.082 or s. 775.083. Falsification of any |
| 634 | affidavit or permit provided for in this section includes aiding |
| 635 | and abetting such falsification or selling fireworks when the |
| 636 | seller knows or has reason to believe that the permit is |
| 637 | falsified. |
| 638 | Section 18. Section 791.08, Florida Statutes, is created |
| 639 | to read: |
| 640 | 791.08 Nonpreemption.--The state does not preempt the |
| 641 | regulation of fireworks and sparklers as provided in this |
| 642 | chapter. Any authority having jurisdiction may enact any |
| 643 | ordinance or adopt any rule related to this chapter if such |
| 644 | ordinance or rule is more stringent, or provides a higher degree |
| 645 | of safety, than provided in this chapter. |
| 646 | Section 19. This act shall take effect July 1, 2005. |