HB 1175

1
A bill to be entitled
2An act relating to fireworks; amending s. 791.001, F.S.;
3specifying persons and entities responsible for enforcing
4ch. 791, F.S.; amending s. 791.01, F.S.; revising and
5providing additional definitions; amending s. 791.012,
6F.S.; conforming a cross reference; amending s. 791.015,
7F.S.; revising registration requirements for
8manufacturers, distributors, and wholesalers of sparklers
9or fireworks and retailers of sparklers; requiring a
10separate registration for each location at which sparklers
11are sold and for each location at which fireworks will be
12manufactured or sold; increasing certain registration
13fees; creating s. 791.016, F.S.; providing for issuance of
14cease and desist orders; creating s. 791.017, F.S.;
15providing for administrative fines; creating s. 791.018,
16F.S.; providing for suspension or revocation of
17registration and grounds therefor; creating s. 791.019,
18F.S.; providing duration of suspensions and revocations;
19amending s. 791.02, F.S.; providing for state issuance of
20permits for public displays of fireworks in the absence of
21a local permitting process; prohibiting the sale or
22delivery of sparklers or other fireworks to minors;
23prohibiting sales from motorized or movable apparatus;
24authorizing sales from tents meeting applicable codes and
25fire regulations; creating s. 791.021, F.S.; prescribing
26guidelines for the sale of sparklers; amending s. 791.04,
27F.S.; prescribing guidelines for the sale at wholesale and
28the transport of fireworks; creating s. 791.041, F.S.;
29providing recordkeeping requirements; providing duties of
30manufacturers, distributors, and wholesalers with respect
31to determination of purchasers' ages and registration;
32amending s. 791.05, F.S.; revising provisions and
33procedures relating to forfeiture of contraband fireworks;
34authorizing an assessment for disposal, including
35attorney's fees and costs; amending s. 791.055, F.S.;
36providing restrictions on the storage of sparklers and
37fireworks; amending s. 791.06, F.S.; providing penalties
38for violations, including enhanced penalties for second
39and subsequent violations; creating s. 791.061, F.S.;
40providing for injunctive relief; amending s. 791.07, F.S.;
41prescribing additional guidelines for the use of fireworks
42by persons engaged in agricultural works or the operation
43of a fish hatchery; creating s. 791.08, F.S.; declaring
44that the state does not preempt the field of fireworks
45regulation; authorizing the adoption of local ordinances
46and rules that are more stringent than state law;
47providing an effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Section 791.001, Florida Statutes, is amended
52to read:
53     791.001  Application and enforcement.--This chapter shall
54be applied uniformly throughout the state. The State Fire
55Marshal or a designated agent under his or her authority, any
56sheriff or sheriff's deputy, any other law enforcement agency or
57law enforcement officer, or any certified firesafety inspector
58charged with enforcing the laws of this state or any state
59agency rule, county or municipal ordinance, or code provision
60has jurisdiction to enforce this chapter. Enforcement of this
61chapter shall remain with local law enforcement departments and
62officials charged with the enforcement of the laws of the state.
63     Section 2.  Section 791.01, Florida Statutes, is amended to
64read:
65     791.01  Definitions.--As used in this chapter, the term:
66     (1)  "Authority having jurisdiction" means the state; any
67county, municipality, or special district; or any local or other
68regional department, bureau, or individual, such as a fire
69chief, fire marshal, administrative head of a fire prevention
70bureau, law enforcement officer, building official, or other
71person, having statutory authority to enforce the laws of this
72state or any state agency rule, county or municipal ordinance,
73or code provision.
74     (2)  "Distributor of fireworks" means any person or
75organization engaged in the business of selling fireworks.
76     (3)(1)  "Distributor of sparklers" means any person or
77organization engaged in the business of selling sparklers to a
78wholesaler.
79     (4)(2)  "Division" means the Division of the State Fire
80Marshal of the Department of Financial Services.
81     (5)(3)  "Explosive compound" means any chemical compound,
82mixture, or device the primary or common purpose of which is to
83function by the substantially instantaneous release of gas and
84heat.
85     (6)(4)(a)  "Fireworks" means and includes any combustible
86or explosive composition or substance or combination of
87substances or, except as hereinafter provided, any article
88prepared for the purpose of producing a visible or audible
89effect by combustion, explosion, deflagration, or detonation.  
90The term includes blank cartridges and toy cannons in which
91explosives are used, the type of balloons which require fire
92underneath to propel them, firecrackers, torpedoes, skyrockets,
93roman candles, dago bombs, and any fireworks containing any
94explosives or flammable compound or any tablets or other device
95containing any explosive substance.
96     (b)  "Fireworks" does not include sparklers approved by the
97division pursuant to s. 791.013; toy pistols, toy canes, toy
98guns, or other devices in which paper caps containing twenty-
99five hundredths grains or less of explosive compound are used,
100providing they are so constructed that the hand cannot come in
101contact with the cap when in place for the explosion; and toy
102pistol paper caps which contain less than twenty hundredths
103grains of explosive mixture, the sale and use of which shall be
104permitted at all times.
105     (c)  "Fireworks" also does not include the following
106novelties and trick noisemakers:
107     1.  A snake or glow worm, which is a pressed pellet of not
108more than 10 grams of pyrotechnic composition that produces a
109large, snakelike ash which expands in length as the pellet burns
110and that does not contain mercuric thiocyanate.
111     2.  A smoke device, which is a tube or sphere containing
112not more than 10 grams of pyrotechnic composition that, upon
113burning, produces white or colored smoke as the primary effect.
114     3.  A trick noisemaker, which is a device that produces a
115small report intended to surprise the user and which includes:
116     a.  A party popper, which is a small plastic or paper
117device containing not more than 16 milligrams of explosive
118composition that is friction sensitive, which is ignited by
119pulling a string protruding from the device, and which expels a
120paper streamer and produces a small report.
121     b.  A booby trap, which is a small tube with a string
122protruding from both ends containing not more than 16 milligrams
123of explosive compound, which is ignited by pulling the ends of
124the string, and which produces a small report.
125     c.  A snapper, which is a small, paper-wrapped device
126containing not more than four milligrams of explosive
127composition coated on small bits of sand, and which, when
128dropped, explodes, producing a small report.  A snapper may not
129contain more than 250 milligrams of total sand and explosive
130composition.
131     d.  A trick match, which is a kitchen or book match which
132is coated with not more than 16 milligrams of explosive or
133pyrotechnic composition and which, upon ignition, produces a
134small report or shower of sparks.
135     e.  A cigarette load, which is a small wooden peg that has
136been coated with not more than 16 milligrams of explosive
137composition and which produces, upon ignition of a cigarette
138containing one of the pegs, a small report.
139     f.  An auto burglar alarm, which is a tube which contains
140not more than 10 grams of pyrotechnic composition that produces
141a loud whistle or smoke when ignited and which is ignited by use
142of a squib.  A small quantity of explosive, not exceeding 50
143milligrams, may also be used to produce a small report.
144
145The sale and use of items listed in this paragraph are permitted
146at all times.
147     (7)  "Fixed location" means a building or structure that is
148intended to remain in place for a period of more than 180
149consecutive days.
150     (8)  "Manufacturer of fireworks" means any person or
151organization engaged in the manufacture or construction of
152fireworks in this state.
153     (9)(5)  "Manufacturer of sparklers" means any person or
154organization engaged in the manufacture or construction of
155sparklers in this state.
156     (10)  "Organization" means any club, group, association,
157church or other religious entity, nonprofit corporation, or
158similar entity.
159     (11)  "Person" includes any individual person and any firm,
160sole proprietorship, partnership, corporation, limited liability
161corporation or partnership, professional association, or other
162similar entity.
163     (12)(6)  "Retailer" means any person who, at a fixed
164location place of business, is engaged in selling sparklers to
165consumers at retail.
166     (13)(7)  "Seasonal retailer" means any person engaged in
167the business of selling sparklers at retail in this state from
168June 20 through July 5 and from December 10 through January 2 of
169each year.
170     (14)(8)  "Sparkler" means a device which emits showers of
171sparks upon burning, does not contain any explosive compounds,
172does not detonate or explode, is hand held or ground based,
173cannot propel itself through the air, and contains not more than
174100 grams of the chemical compound which produces sparks upon
175burning.  Any sparkler that is not approved by the division is
176classified as fireworks.
177     (15)  "Wholesaler of fireworks" means any person or
178organization engaged in the business of selling fireworks to
179another wholesaler, a distributor, or a manufacturer registered
180under this chapter or for agricultural or public display
181purposes.
182     (16)(9)  "Wholesaler of sparklers" means any person or
183organization engaged in the business of selling sparklers to a
184retailer.
185     Section 3.  Section 791.012, Florida Statutes, is amended
186to read:
187     791.012  Minimum fireworks safety standards.--The outdoor
188display of fireworks in this state shall be governed by the
189National Fire Protection Association (NFPA) 1123, Code for
190Fireworks Display, 1995 Edition, approved by the American
191National Standards Institute.  Any state, county, or municipal
192law, rule, or ordinance may provide for more stringent
193regulations for the outdoor display of fireworks, but in no
194event may any such law, rule, or ordinance provide for less
195stringent regulations for the outdoor display of fireworks.  The
196division shall adopt promulgate rules to carry out the
197provisions of this section.  The Code for Fireworks Display
198shall not govern the display of any fireworks on private,
199residential property and shall not govern the display of those
200items 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
203to read:
204     791.015  Registration of manufacturers, distributors, and
205wholesalers of sparklers or fireworks, and retailers of
206sparklers.--
207     (1)  REGISTRATION REQUIREMENTS.--An organization or
208individual may not engage in the business of manufacturing,
209distributing, or selling at wholesale or retail any firework or
210sparkler except as provided in this section. Any manufacturer,
211distributor, or wholesaler of sparklers or fireworks and any,
212retailer, or seasonal retailer of sparklers who wishes to do
213business in this state or to otherwise sell, ship, or assign for
214sale its products in this state must register annually with the
215division on forms prescribed by the division. A manufacturer,
216distributor, wholesaler, retailer, or seasonal retailer must
217submit a separate registration form and a separate registration
218fee for each location where sparklers will be sold. A
219manufacturer, distributor, or wholesaler who wishes to engage in
220the business of manufacturing, distributing, or selling
221fireworks to the extent allowed in this chapter must submit a
222separate registration form and a separate registration fee for
223each location where fireworks will be manufactured or sold.
224Registration certificates issued by the division shall be
225displayed on the premises and made available for immediate
226inspection by the authority having jurisdiction or the division.
227A person may not alter, deface, or copy a certificate of
228registration. Any retailer who sells sparklers at more than one
229retail location may submit one registration form for all such
230locations but must provide the address of each location with the
231registration form; however, any retailer may submit multiple
232registration forms.
233     (2)  REGISTRATION FORM.--The registration form filed with
234the division must be notarized and must include the following
235information: name of the individual, if the certificate is to be
236held in an individual capacity; business name; address;
237telephone number; officers, if the business is a corporation;
238and an individual designated as a contact person. The form for
239application for registration by the division must be accompanied
240by evidence of registration with the Department of Revenue under
241chapter 212.
242     (3)  FEES.--
243     (a)  Each manufacturer, distributor, or wholesaler must pay
244an annual registration fee to be set by the division not to
245exceed $1,000 for each manufacturer, distributor, or wholesale
246location registered. Each seasonal retailer must pay an annual
247registration fee to be set by the division not to exceed $200
248for each seasonal retailer location registered. Each retailer
249shall pay an annual registration fee to be set by the division
250not to exceed $25 $15 for each retail location registered. Each
251certificateholder wishing to have a duplicate certificate issued
252for one which is lost or to reflect a change of mailing address
253shall request such duplicate in writing and shall pay a fee of
254$15 $5. A duplicate certificate may not be issued to indicate a
255change in business location. A change in business location
256requires a new application for registration and fee.
257     (b)  Revenue from registration fee payments shall be
258deposited in the Insurance Regulatory Trust Fund for the
259purposes of implementing the registration and testing provisions
260of this chapter.
261     (4)  RULES.--The State Fire Marshal may adopt rules
262prescribing registration forms required by this section.
263     Section 5.  Section 791.016, Florida Statutes, is created
264to read:
265     791.016  Procedures for cease and desist orders;
266administrative fine.--
267     (1)  Any time the division has reason to believe that a
268person is committing or has committed a violation of this
269chapter or any rule adopted under this chapter, the division
270shall determine the matter by issuing a notice of intent to
271issue a cease and desist order and provide an opportunity for a
272hearing and all other requirements of chapter 120.
273     (2)  If the division determines that the acts complained of
274are in violation of any provision of this chapter or any rule
275adopted under this chapter, the division shall issue a final
276order requiring the person to cease and desist from the
277violation or imposing an administrative fine, or both.
278     (3)  This section shall be enforced as provided in chapter
279120.
280     Section 6.  Section 791.017, Florida Statutes, is created
281to read:
282     791.017  Administrative fines.--
283     (1)  If a person violates any provision of this chapter or
284any rule adopted under this chapter, or violates a cease and
285desist order, the division may impose an administrative fine,
286not to exceed $1,000 for each violation, or suspend or revoke
287the certificate of registration issued.
288     (2)  The division may allow the certificateholder a
289reasonable time, not to exceed 30 days, to pay the penalty in
290its entirety to the division. If the certificateholder fails to
291pay the penalty in its entirety within the period allowed, the
292division shall revoke the certificates held.
293     (3)  If a cease and desist order has been issued, each day
294the cease and desist order is violated constitutes a separate
295violation for purposes of assessing an administrative fine.
296     (4)  If the violation is based on an unlawful sale, each
297sale constitutes a separate violation for purposes of assessing
298an administrative fine.
299     (5)  The maximum administrative fine imposed on any person
300or organization may not exceed $500,000.
301     Section 7.  Section 791.018, Florida Statutes, is created
302to read:
303     791.018  Grounds for suspension or revocation of
304registration certificate for manufacturers, distributors,
305wholesalers, and retailers.--
306     (1)  The division may suspend or revoke the registration
307certificate of manufacturers, distributors, wholesalers, and
308retailers for one or more of the following grounds:
309     (a)  Material misstatement, misrepresentation, or fraud in
310obtaining or attempting to obtain a registration certificate.
311     (b)  Willful use of a registration certificate to
312circumvent any requirement or prohibition in this chapter.
313     (c)  Fraudulent or dishonest practices in the conduct of
314business under the authority of the registration certificate.
315     (d)  Violation of or failure to comply with any order or
316rule of the division or any provision of this chapter.
317     (2)  This section shall be enforced as provided in chapter
318120.
319     Section 8.  Section 791.019, Florida Statutes, is created
320to read:
321     791.019  Duration of suspension or revocation.--
322     (1)  The division shall, in its order suspending the
323registration certificate of an individual, firm, partnership,
324association, group, or corporation, specify the period during
325which the suspension is to be effective, but such period may not
326exceed 2 years. The registration certificate shall remain
327suspended during the period specified, subject to any rescission
328or modification of the order by the division or modification or
329reversal thereof by the court prior to expiration of the
330suspension period. A registration certificate that has been
331suspended may not be reinstated except upon request for
332reinstatement, but the division may not grant such reinstatement
333if it finds that the circumstance or circumstances for which the
334registration certificate was suspended or revoked still exist or
335are likely to recur.
336     (2)  A person or organization holding a registration
337certificate revoked by the division may not apply for another
338registration certificate under this chapter within 2 years after
339the effective date of revocation or, if judicial review of
340revocation is sought, within 2 years after the date of the final
341court order or decree affirming the revocation order.
342     (3)  The division may not issue a registration certificate
343to any person or organization whose registration certificate has
344been revoked on two separate occasions.
345     (4)  During the period of suspension, or after revocation
346of the registration certificate, the former certificateholder
347may not engage in, or attempt or profess to engage in, any
348transaction or business for which a registration certificate is
349required by this chapter.
350     Section 9.  Section 791.02, Florida Statutes, is amended to
351read:
352     791.02  Sale of fireworks regulated; rules and
353regulations.--
354     (1)  Except as hereinafter provided it is unlawful for any
355person or organization, firm, copartnership, or corporation to
356offer for sale, expose for sale, sell at retail, or use or
357explode any fireworks; provided that the board of county
358commissioners shall have power to adopt reasonable rules and
359regulations for the granting of permits for supervised public
360display of fireworks by fair associations, amusement parks, and
361other organizations or groups of individuals when such public
362display is to take place outside of any municipality; provided,
363further, that the governing body of any municipality shall have
364power to adopt reasonable rules and regulations for the granting
365of permits for supervised public display of fireworks within the
366boundaries of any municipality. Every such display shall be
367handled by a competent operator to be approved by the chiefs of
368the police and fire departments of the municipality in which the
369display is to be held, and shall be of such a character, and so
370located, discharged, or fired as in the opinion of the chief of
371the fire department, after proper inspection, shall not be
372hazardous to property or endanger any person.  Application for
373permits shall be made in writing at least 15 days in advance of
374the date of the display. If the local authority licensing
375jurisdiction does not have a permit process for the public
376display of fireworks, applications shall be made to the State
377Fire Marshal. After such privilege is shall have been granted,
378sales, possession, use, and distribution of fireworks for such
379display shall be lawful for that purpose only.  No permit
380granted hereunder shall be transferable. Any public display of
381fireworks must be conducted in compliance with s. 791.012.
382     (2)  A sparkler or other product authorized for sale under
383this chapter may not be sold or shipped to any person younger
384than 18 years of age. A sparkler or other product authorized for
385sale under this chapter may not be sold by a retailer or
386seasonal retailer unless the product was obtained from a
387manufacturer, distributor, or wholesaler registered with the
388division pursuant to s. 791.015.  Each retailer and seasonal
389retailer shall keep, at every location where sparklers are sold,
390a copy of an invoice or other evidence of purchase from the
391manufacturer, distributor, or wholesaler, which states the
392registration certificate number for the particular manufacturer,
393distributor, or wholesaler and the specific items covered by the
394invoice.  Each seasonal retailer shall, in addition, exhibit a
395copy of his or her registration certificate at each retail or
396seasonal retail location. Retail sales may not be made from any
397type of motorized or movable apparatus. Sales from tents that
398meet all applicable codes and fire regulations are allowed.
399     Section 10.  Section 791.021, Florida Statutes, is created
400to read:
401     791.021  Sale of sparklers.--
402     (1)  A person, organization, manufacturer, distributor,
403wholesaler, retailer, or seasonal retailer may not purchase,
404sell, or solicit to sell sparklers except in conformance with
405this chapter.
406     (2)  It is the responsibility of the person, organization,
407manufacturer, distributor, or wholesaler to determine that the
408purchaser is registered with the division.
409     (3)  It is the responsibility of the retailer or seasonal
410retailer of sparklers to determine that a purchaser is at least
41118 years of age, evidenced by the purchaser presenting a valid
412driver's license or a valid state identification card issued by
413the Department of Highway Safety and Motor Vehicles.
414     Section 11.  Section 791.04, Florida Statutes, is amended
415to read:
416     791.04  Sale at wholesale; requirements for transport,
417etc., exempted.--
418     (1)  A Nothing in this chapter shall be construed to
419prohibit any manufacturer, distributor, or wholesaler of
420fireworks who has registered with the division pursuant to s.
421791.015 may to sell at wholesale any such fireworks as are not
422herein prohibited to any manufacturer, distributor, or
423wholesaler of fireworks who has registered with the division and
424holds a current certificate of registration.
425     (2)  Fireworks shall be shipped or transported directly out
426of state or stored in compliance with s. 791.055 by the
427manufacturer, distributor, or wholesaler of fireworks.
428     (3)  Sale of fireworks may be made to a person holding a
429public display permit issued by the authority having
430jurisdiction for the purpose of conducting a public display of
431fireworks in compliance with s. 791.012. Transport must be by a
432bonded commercial carrier or by a person employed by the
433manufacturer, distributor, or wholesaler of fireworks. Transport
434must be accompanied by an invoice or bill of lading identifying
435the manufacturer, distributor, or wholesaler of fireworks with
436the current certificate of registration number on the invoice or
437bill of lading and an itemized list of the contents of the
438shipment.; to prohibit the sale of any kind of fireworks at
439wholesale between manufacturers, distributors, and wholesalers
440who have registered with the division pursuant to s. 791.015; to
441prohibit the sale of any kind of fireworks provided the same are
442to be shipped directly out of state by such manufacturer,
443distributor, or wholesaler; to prohibit the sale of fireworks to
444be used by a person holding a permit from any board of county
445commissioners at the display covered by such permit; or to
446prohibit the use of fireworks by railroads or other
447transportation agencies for signal purposes or illumination or
448when used in quarrying or for blasting or other industrial use,
449or the sale or use of blank cartridges for a show or theater, or
450for signal or ceremonial purposes in athletics or sports, or for
451use by military organizations, or organizations composed of the
452Armed Forces of the United States; provided, nothing in this
453chapter shall be construed as barring the operations of
454manufacturers, duly licensed, from manufacturing, experimenting,
455exploding, and storing such fireworks in their compounds or
456proving grounds.
457     Section 12.  Section 791.041, Florida Statutes, is created
458to read:
459     791.041  Maintenance of records of sales of fireworks by
460manufacturers, distributors, and wholesalers; examination of
461records; responsibility to determine purchaser's age and
462registration.--
463     (1)  A person, organization, manufacturer, distributor, or
464wholesaler may not purchase, sell, or solicit to sell fireworks
465except in conformance with this chapter.
466     (2)  Each sale or transaction must be evidenced by an
467invoice or sales ticket that bears the name, address, and
468certificate of registration number of the purchaser or, in the
469case of a sale conducted for public display, a copy of the
470permit issued by the authority having jurisdiction, the date of
471the sale, the products sold, and the quantity sold. All invoices
472and sales tickets shall be maintained by the manufacturer,
473distributor, or wholesaler of fireworks and a copy provided to
474the purchaser.
475     (3)  Such records shall be maintained for 5 years, subject
476to examination by the division or any official of this state
477with statutory authority under s. 791.001.
478     (4)  A person may not knowingly withhold information or
479make any false or fictitious entry or misrepresentation upon any
480sales invoice, sales ticket, or account of inventories.
481     (5)  It is the responsibility of the manufacturer,
482distributor, or wholesaler of fireworks to determine that a
483purchaser is at least 18 years of age, evidenced by the
484purchaser's presenting a valid driver's license or a valid state
485identification card issued by the Department of Highway Safety
486and Motor Vehicles.
487     (6)  It is the responsibility of the manufacturer,
488distributor, or wholesaler of fireworks to determine, when
489selling fireworks under s. 791.04, that the purchaser is
490registered under s. 791.015, evidenced by the purchaser
491presenting a valid certificate of registration issued by the
492division. If the purchase of fireworks is for public display,
493the purchase must be evidenced by the purchaser presenting a
494public display permit issued by the authority having
495jurisdiction. Agricultural purchases shall be in compliance with
496s. 791.07.
497     Section 13.  Section 791.05, Florida Statutes, is amended
498to read:
499     791.05  Contraband; seizure, forfeiture, and disposal of
500illegal fireworks.--
501     (1)  All fireworks or sparklers that are handled,
502delivered, possessed, manufactured, or distributed contrary to
503any provision of this chapter and all such fireworks or
504sparklers the lawful possession of which is not established or
505title to which cannot be ascertained are declared contraband and
506are subject to seizure and confiscation by any person or law
507enforcement agency whose duty it is to enforce this chapter.
508     (2)  The state attorney within whose jurisdiction the
509unlawful fireworks or sparklers have been seized or any such
510attorney as is employed by the seizing law enforcement agency
511shall promptly proceed against the contraband fireworks and show
512cause in the circuit court within the jurisdiction in which the
513seizure or offense occurred and may have such contraband article
514or articles forfeited to the law enforcement agency making the
515seizure upon showing proof that the contraband fireworks were
516being used or exist in violation of this chapter.
517     (3)  Any fireworks seized as evidence may be sample tested
518and weighed by the seizing agency after the seizure. Any such
519sample and analysis thereof may be admitted into evidence in any
520civil or criminal action for the purpose of proving the nature,
521composition, and weight of the fireworks. In addition, the
522seizing agency may photograph or videotape, for use at trial,
523the fireworks seized. Except for fireworks retained by the
524seizing agency for sample testing, analysis, and evidence, upon
525a final determination that the seized fireworks were being used
526or exist in violation of this chapter, the circuit court having
527jurisdiction shall order such fireworks forfeited and destroyed.
528The method of destruction or disposal of such fireworks shall be
529at the discretion of the seizing agency.
530     (4)  The final order of forfeiture by the court shall
531perfect in the seizing law enforcement agency all rights, title,
532and interest in and to such fireworks and shall relate back to
533the date of seizure.
534     (5)  The court may include in its forfeiture order a
535provision that the owner or holder of the contraband fireworks
536pay an assessment to cover the cost of disposal of contraband,
537including attorney's fees and costs, and any costs incurred by
538the arresting agency in storing the contraband. Each sheriff, or
539his or her appointee, or any other police officer, shall seize,
540take, remove or cause to be removed at the expense of the owner,
541all stocks of fireworks or combustibles offered or exposed for
542sale, stored, or held in violation of this chapter.
543     Section 14.  Section 791.055, Florida Statutes, is amended
544to read:
545     791.055  Restrictions upon storage of sparklers and
546fireworks.--The storage of sparklers and fireworks in this state
547is governed by the National Fire Protection Association 1124
548Code as adopted by rule of the Department of Financial Services.
549     (1)  Sparklers shall not be stored or kept for sale in any
550store:
551     (a)  In which paints, oils, or varnishes are manufactured
552or kept for use or sale unless the paints, oils, or varnishes
553are in unbroken containers.
554     (b)  In which resin, turpentine, gasoline, or flammable
555substances or substances which may generate vapors are used,
556stored, or offered for sale unless the resin, turpentine,
557gasoline, or substances are in unbroken containers.
558     (c)  In which there is not at least one approved chemical
559fire extinguisher ready, available, and equipped for use in
560extinguishing fires.
561     (2)  When sparklers are in storage to be offered for sale
562at retail, a sign shall be conspicuously displayed over the
563entrance to the room in which the sparklers are stored, which
564sign reads:  "CAUTION SPARKLERS-NO SMOKING."  No person shall be
565in such room while in possession of a lighted cigar, cigarette,
566or pipe.
567     Section 15.  Section 791.06, Florida Statutes, is amended
568to read:
569     791.06  Penalties.--
570     (1)  Any person or organization that violates any provision
571of s. 791.015, s. 791.02, s. 791.021, s. 791.04, or s. 791.041
572commits a misdemeanor of the first degree, punishable as
573provided in s. 775.082 or s. 775.083.
574     (2)  Any person or organization that commits a second or
575subsequent violation of any provision of s. 791.015, s. 791.02,
576s. 791.021, s. 791.04, or s. 791.041 commits a felony of the
577third degree, punishable as provided in s. 775.082, s. 775.083,
578or s. 775.084. Any firm, copartnership, or corporation violating
579the provisions of this chapter shall be guilty of a misdemeanor
580of the first degree, punishable as provided in s. 775.083 or, in
581the case of individuals, the members of a partnership and the
582responsible officers and agents of an association or
583corporation, punishable as provided in s. 775.082 or s. 775.083.
584     Section 16.  Section 791.061, Florida Statutes, is created
585to read:
586     791.061  Injunction.--In addition to the penalties and
587other enforcement provisions of this chapter, if any person
588engages in any activity prohibited by this chapter or violates
589any provision of this chapter or any rule adopted under this
590chapter, the division may resort to proceedings for injunctive
591relief in the circuit court of the county in which such person
592resides or has a principal place of business and therein apply
593for such temporary or permanent orders as the division deems
594necessary to restrain the person from engaging in any such
595activities, until such person has complied with the provisions
596of this chapter and such rules.
597     Section 17.  Section 791.07, Florida Statutes, is amended
598to read:
599     791.07  Agricultural and fish hatchery use.--
600     (1)  Nothing in This chapter does not shall prohibit the
601importation, purchase, sale, or use of fireworks used or to be
602used solely and exclusively in frightening birds from
603agricultural works and fish hatcheries; and such use shall be
604governed entirely by the rules prescribed by the Department of
605Agriculture and Consumer Services.
606     (2)  Any person who is engaged in agricultural works or who
607operates a fish hatchery may use fireworks solely and
608exclusively for the purpose of frightening birds in order to
609prevent them from doing harm to such person's agricultural works
610or fish hatchery operation; however, such person must first file
611with the sheriff of the county or the authority having
612jurisdiction in the county in which the person is engaged in
613agricultural works or the operation of a fish hatchery a sworn
614affidavit in writing that he or she is engaged in agricultural
615works, describing the nature of such, or that he or she operates
616a fish hatchery, describing the nature of such, and desires to
617use fireworks to frighten birds in order to prevent them from
618harming the agricultural works or fish hatchery operation and
619that fireworks will be used solely and exclusively for that
620purpose. The sheriff of the county or the authority having
621jurisdiction, upon determining that the sworn affidavit is
622sufficient and the request is valid, shall issue a permit, on a
623form provided by the division, to the applicant. The permit must
624identify the applicant and the quantity of fireworks to be
625purchased and possessed. A copy of the permit shall be retained
626by the manufacturer, distributor, or wholesaler making the sale
627as part of its recordkeeping requirement under s. 791.041, and a
628copy shall be maintained by the applicant with a listing of the
629fireworks covered under the permit.
630     (3)  Falsification of any affidavit or permit provided for
631in this section or providing false information in such sworn
632affidavit is a misdemeanor of the first degree, punishable as
633provided in s. 775.082 or s. 775.083. Falsification of any
634affidavit or permit provided for in this section includes aiding
635and abetting such falsification or selling fireworks when the
636seller knows or has reason to believe that the permit is
637falsified.
638     Section 18.  Section 791.08, Florida Statutes, is created
639to read:
640     791.08  Nonpreemption.--The state does not preempt the
641regulation of fireworks and sparklers as provided in this
642chapter. Any authority having jurisdiction may enact any
643ordinance or adopt any rule related to this chapter if such
644ordinance or rule is more stringent, or provides a higher degree
645of safety, than provided in this chapter.
646     Section 19.  This act shall take effect July 1, 2005.


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