Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 442
Barcode 980104
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 80, between lines 28 and 29,
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17 Section 47. Section 791.012, Florida Statutes, is
18 amended to read:
19 791.012 Minimum building standards and fireworks
20 safety standards.--The outdoor display of fireworks in this
21 state is shall be governed by the National Fire Protection
22 Association (NFPA) 1123, Code for Fireworks Display, 1995
23 Edition, approved by the American National Standards
24 Institute. Any state, county, or municipal law, rule, or
25 ordinance may provide for more stringent regulations for the
26 outdoor display of fireworks, but in no event may any such
27 law, rule, or ordinance provide for less stringent regulations
28 for the outdoor display of fireworks. Each sales facility
29 exclusively dedicated to the retail sale of consumer
30 fireworks, consumer fireworks sales area in a bulk
31 merchandising retail building, and temporary location for the
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 442
Barcode 980104
1 sale of consumer fireworks must be in accordance with NFPA
2 1124, 2003 Edition, Chapter 7, and the Fire Prevention Code,
3 2004 Edition. The division shall adopt promulgate rules to
4 carry out the provisions of this section. The Code for
5 Fireworks Display does shall not govern the display of any
6 fireworks on private, residential property and does shall not
7 govern the display of those items included under s.
8 791.01(4)(b) and (c) and authorized for sale thereunder. In
9 order to ensure uniform safety standards for consumer
10 fireworks and sparklers, and excepting federal law, the state
11 has the exclusive power to regulate the sale, use, safety
12 standards, and possession of consumer fireworks and sparklers
13 in this state and a county, municipality, or other unit of
14 local government may not enact an ordinance, rule, regulation,
15 or other law after March 8, 2005, which prohibits or
16 interferes with the safety standards established by state law
17 or the right to purchase, sell, use, or possess consumer
18 fireworks and sparklers in this state; however, this
19 preemption is repealed on July 1, 2006, if legislation to
20 provide a framework for the comprehensive regulation of the
21 storage, display, and safe use of consumer fireworks is
22 enacted.
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24 (Redesignate subsequent sections.)
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28 And the title is amended as follows:
29 On page 7, line 29, after the semicolon,
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31 insert:
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1:08 PM 04/29/05 s0442c4c-21-c3t
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 442
Barcode 980104
1 amending s. 791.012, F.S.; establishing fire
2 safety standards for certain sales of consumer
3 fireworks; preempting a county, municipality,
4 or other local government entity from
5 regulating the sale, use, safety standards, or
6 possession of consumer fireworks; repealing the
7 preemption under certain conditions relating to
8 enactment of comprehensive consumer fireworks
9 legislation;
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