Senate Bill sb0178

    Florida Senate - 2005                                   SB 178

    By Senator Lynn





    7-142-05

  1                      A bill to be entitled

  2         An act relating to sales of fireworks; amending

  3         s. 791.07, F.S.; requiring that a person

  4         purchasing fireworks to frighten birds from

  5         agricultural works and fish hatcheries furnish

  6         the seller with an affidavit that the purchaser

  7         is qualified to purchase such fireworks;

  8         prescribing guidelines for such affidavits;

  9         providing an effective date.

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

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13         Section 1.  Section 791.07, Florida Statutes, is

14  amended to read:

15         791.07  Agricultural and fish hatchery use.--Nothing in

16  This chapter does not shall prohibit the importation,

17  purchase, sale, or use of fireworks used or to be used solely

18  and exclusively in frightening birds from agricultural works

19  or and fish hatcheries; and such use shall be governed

20  entirely by the rules prescribed by the Department of

21  Agriculture and Consumer Services. Before a person may

22  purchase fireworks to be used in frightening birds from

23  agricultural works or fish hatcheries, such person must

24  provide to the seller an affidavit attesting that the person

25  is qualified to purchase such fireworks. The affidavit must be

26  on a form that has been approved by and obtained from the

27  municipality in which the seller is located, or the county if

28  the seller is not located within a municipality, and must

29  include proof of the buyer's identity and, if applicable,

30  proof that the buyer is registered with the division and is

31  otherwise in compliance with this chapter and all applicable

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






    Florida Senate - 2005                                   SB 178
    7-142-05




 1  rules adopted by the Department of Agriculture and Consumer

 2  Services.

 3         Section 2.  This act shall take effect July 1, 2005.

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 6                          SENATE SUMMARY

 7    Requires a person purchasing fireworks for the purpose of
      frightening birds from agricultural works or fish
 8    hatcheries to give the seller an affidavit showing that
      the purchaser is qualified to purchase those fireworks.
 9    The affidavit must be on a form approved and provided by
      the municipality or county having jurisdiction over the
10    seller's place of business, must have proof of the
      purchaser's identity, and must when necessary show that
11    the purchaser is registered with the Division of State
      Fire Marshal and is otherwise in compliance with statute
12    and rules of the Department of Agriculture and Consumer
      Services.
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CODING: Words stricken are deletions; words underlined are additions.