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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       04/29/2005 04:36 PM         .                    
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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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16  insert:  
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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    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 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. 23 24 (Redesignate subsequent sections.) 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On page 7, line 29, after the semicolon, 30 31 insert: 2 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; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 1:08 PM 04/29/05 s0442c4c-21-c3t