Florida Senate - 2013                                    SB 1694
       
       
       
       By Senator Margolis
       
       
       
       
       35-01461-13                                           20131694__
    1                        A bill to be entitled                      
    2         An act relating to fireworks; reordering and amending
    3         s. 791.01, F.S.; providing and revising definitions;
    4         amending s. 791.013, F.S.; revising terminology;
    5         deleting an obsolete provision; amending s. 791.02,
    6         F.S.; requiring each county to designate at least one
    7         area for the use of aerial devices; providing for
    8         interlocal agreements in lieu of such a designation;
    9         specifying minimum periods in which aerial devices may
   10         be used; providing for additional days for use of such
   11         devices by localities; prohibiting the sale or
   12         possession of consumer fireworks by persons under 18
   13         years of age; providing an exception; prohibiting the
   14         sale of certain consumer fireworks; amending s.
   15         791.04, F.S.; deleting an exemption from specified
   16         provisions for railroads or other transportation
   17         agencies for certain purposes; deleting an exemption
   18         for the sale of blank cartridges for specified
   19         purposes; amending s. 791.07, F.S.; revising an
   20         exemption from specified provisions for agricultural
   21         and fish hatchery uses; amending s. 870.045, F.S.;
   22         authorizing a prohibition on the sale of consumer
   23         fireworks and fireworks during a declared state of
   24         emergency; providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 791.01, Florida Statutes, is reordered
   29  and amended to read:
   30         791.01 Definitions.—As used in this chapter, the term:
   31         (1) “Aerial devices” means devices described in the
   32  American Pyrotechnics Association standard 87-1 at 3.1.2 and
   33  includes sky rockets, missile-type rockets, roman candles, and
   34  mine and shell devices.
   35         (2) “Consumer” means a person purchasing or possessing a
   36  product for personal use.
   37         (3) “Consumer fireworks” means small fireworks that are
   38  designed primarily to produce visible effects by combustion and
   39  that are required to comply with the construction, chemical
   40  composition, and cautionary labeling regulations of the Consumer
   41  Product Safety Commission as provided in 16 C.F.R. parts 1500
   42  and 1507 and the American Pyrotechnics Association standard 87
   43  1. The term also includes some small devices designed to produce
   44  an audible effect, such as whistling devices, ground devices
   45  containing 50 milligrams or less of explosive composition, and
   46  aerial devices containing 100 milligrams or less of explosive
   47  composition. The term also includes novelties and devices
   48  classified by United States Department of Transportation in 49
   49  C.F.R. s. 172.01 as consumer fireworks UN0336 and UN0337.
   50         (4)(1) “Distributor” means any person engaged in the
   51  business of selling sparklers to a wholesaler.
   52         (5)(2) “Division” means the Division of the State Fire
   53  Marshal of the Department of Financial Services.
   54         (6)(3) “Explosive compound” means any chemical compound,
   55  mixture, or device the primary or common purpose of which is to
   56  function by the substantially instantaneous release of gas and
   57  heat.
   58         (7)(4)(a) “Fireworks” means and includes any combustible or
   59  explosive composition or substance or combination of substances
   60  or, except as hereinafter provided, any article prepared for the
   61  purpose of producing a visible or audible effect by combustion,
   62  explosion, deflagration, or detonation. The term includes blank
   63  cartridges and toy cannons in which explosives are used, the
   64  type of balloons which require fire underneath to propel them,
   65  firecrackers, torpedoes, skyrockets, roman candles, dago bombs,
   66  and any fireworks containing any explosives or flammable
   67  compound or any tablets or other device containing any explosive
   68  substance. The term
   69         (b) “Fireworks” does not include consumer fireworks,
   70  novelties, or sparklers approved by the division pursuant to s.
   71  791.013; toy pistols, toy canes, toy guns, or other devices in
   72  which paper caps containing twenty-five hundredths grains or
   73  less of explosive compound are used, providing they are so
   74  constructed that the hand cannot come in contact with the cap
   75  when in place for the explosion; and toy pistol paper caps which
   76  contain less than twenty hundredths grains of explosive mixture,
   77  the sale and use of which shall be permitted at all times.
   78         (9)(c)“Novelties” means those devices identified in the
   79  American Pyrotechnics Association standard 87-1 as novelty
   80  devices at 2.12, and includes “Fireworks” also does not include
   81  the following novelties and trick noisemakers:
   82         (a)1. A snake or glow worm, which is a pressed pellet of
   83  not more than 10 grams of pyrotechnic composition that produces
   84  a large, snakelike ash which expands in length as the pellet
   85  burns and that does not contain mercuric thiocyanate.
   86         (b)2. A smoke device, which is a tube or sphere containing
   87  not more than 10 grams of pyrotechnic composition that, upon
   88  burning, produces white or colored smoke as the primary effect.
   89         (c)3. A trick noisemaker, which is a device that produces a
   90  small report intended to surprise the user and which includes:
   91         1.a. A party popper, which is a small plastic or paper
   92  device containing not more than 16 milligrams of explosive
   93  composition that is friction sensitive, which is ignited by
   94  pulling a string protruding from the device, and which expels a
   95  paper streamer and produces a small report.
   96         2.b. A booby trap, which is a small tube with a string
   97  protruding from both ends containing not more than 16 milligrams
   98  of explosive compound, which is ignited by pulling the ends of
   99  the string, and which produces a small report.
  100         3.c. A snapper, which is a small, paper-wrapped device
  101  containing not more than four milligrams of explosive
  102  composition coated on small bits of sand, and which, when
  103  dropped, explodes, producing a small report. A snapper may not
  104  contain more than 250 milligrams of total sand and explosive
  105  composition.
  106         4.d. A trick match, which is a kitchen or book match which
  107  is coated with not more than 16 milligrams of explosive or
  108  pyrotechnic composition and which, upon ignition, produces a
  109  small report or shower of sparks.
  110         5.e. A cigarette load, which is a small wooden peg that has
  111  been coated with not more than 16 milligrams of explosive
  112  composition and which produces, upon ignition of a cigarette
  113  containing one of the pegs, a small report.
  114         6.f. An auto burglar alarm, which is a tube which contains
  115  not more than 10 grams of pyrotechnic composition that produces
  116  a loud whistle or smoke when ignited and which is ignited by use
  117  of a squib. A small quantity of explosive, not exceeding 50
  118  milligrams, may also be used to produce a small report.
  119  
  120  The sale and use of items listed in this paragraph are permitted
  121  at all times.
  122         (8)(5) “Manufacturer” means any person engaged in the
  123  manufacture or construction of sparklers in this state.
  124         (10)(6) “Retailer” means any person who, at a fixed place
  125  of business, is engaged in selling sparklers to consumers at
  126  retail.
  127         (11)(7) “Seasonal retailer” means any person engaged in the
  128  business of selling sparklers at retail in this state from June
  129  20 through July 5 and from December 10 through January 2 of each
  130  year.
  131         (12)(8) “Sparkler” means a device which emits showers of
  132  sparks upon burning, does not contain any explosive compounds,
  133  does not detonate or explode, is handheld or ground based,
  134  cannot propel itself through the air, and contains not more than
  135  200 100 grams of the chemical compound which produces sparks
  136  upon burning. The term includes ground and hand-held sparkling
  137  devices as described in the American Pyrotechnics Association
  138  standard 87-1 at 3.1.1. Any sparkler that is not approved by the
  139  division is classified as fireworks.
  140         (13)(9) “Wholesaler” means any person engaged in the
  141  business of selling sparklers to a retailer.
  142         Section 2. Section 791.013, Florida Statutes, is amended to
  143  read:
  144         791.013 Testing and approval of sparklers; penalties.—
  145         (1) A person who wishes to sell sparklers must submit
  146  samples of his or her product to the division for testing to
  147  determine whether it is a sparkler as defined in s. 791.01. Such
  148  samples must be received by the division by September 1 to be
  149  considered for approval the following year. On February 1 of
  150  each year the division shall approve those products which it has
  151  tested and found to meet the requirements for sparklers. All
  152  approved sparkler products are legal for sale until January 31
  153  of the following year. The list of approved sparkler products
  154  shall be published in the Florida Administrative Weekly and
  155  shall prominently state the dates between which the products may
  156  be sold. The division shall make copies of this list available
  157  to the public. A product must be tested and approved for sale in
  158  accordance with the rules adopted to implement this section.
  159  Beginning February 1, 1988, Only those products approved by the
  160  division may be sold in the state. The State Fire Marshal shall
  161  adopt rules describing the testing, approval, and listing
  162  procedures.
  163         (2) Any person who alters an approved sparkler product, so
  164  that it is no longer a sparkler as defined in s. 791.01, and
  165  subsequently sells the product as if it were approved commits is
  166  guilty of a misdemeanor of the first degree, punishable as
  167  provided in s. 775.082 or s. 775.083. Any person who
  168  fraudulently represents a device as approved for sale as a
  169  sparkler product when it is not so approved commits is guilty of
  170  a misdemeanor of the first degree, punishable as provided in s.
  171  775.082 or s. 775.083.
  172         (3) For purposes of the testing requirement by this
  173  section, the division shall perform such tests as are necessary
  174  to determine compliance with the performance standards in the
  175  definition of sparklers, pursuant to s. 791.01. The State Fire
  176  Marshal shall adopt, by rule, procedures for testing products to
  177  determine compliance with this chapter. The division shall
  178  dispose of any samples which remain after testing.
  179         Section 3. Section 791.02, Florida Statutes, is amended to
  180  read:
  181         791.02 Sale of fireworks regulated; rules and regulations;
  182  exceptions.—
  183         (1)(a) Except as otherwise hereinafter provided in this
  184  section, it is unlawful for any person, firm, copartnership, or
  185  corporation to offer for sale, expose for sale, sell at retail,
  186  or use or explode any fireworks.; provided that The board of
  187  county commissioners of any county may shall have power to adopt
  188  reasonable rules and regulations for the granting of permits for
  189  supervised public display of fireworks by fair associations,
  190  amusement parks, and other organizations or groups of
  191  individuals when such public display is to take place outside of
  192  any municipality.; provided, further, that The governing body of
  193  any municipality may shall have power to adopt reasonable rules
  194  and regulations for the granting of permits for supervised
  195  public display of fireworks within its the boundaries of any
  196  municipality. Every such display shall be handled by a competent
  197  operator to be approved by the chiefs of the police and fire
  198  departments of the municipality in which the display is to be
  199  held, and shall be of such a character, and so located,
  200  discharged, or fired as in the opinion of the chief of the fire
  201  department, after proper inspection, shall not to be hazardous
  202  to property or to endanger any person. Application for permits
  203  shall be made in writing at least 15 days in advance of the date
  204  of the display. After such privilege is shall have been granted,
  205  sales, possession, use, and distribution of fireworks for such
  206  display shall be lawful for that purpose only. No permit granted
  207  under this subsection hereunder shall be transferable.
  208         (b) Each county shall designate at least one area that is
  209  not adjacent to residential areas for the use of aerial devices.
  210  A county may enter into an interlocal agreement with another
  211  entity for a location for such use in lieu of providing a
  212  location within the county. Counties and municipalities must
  213  agree on a designated location through an interlocal agreement
  214  if the location is contiguous with a municipal border or is
  215  within a municipality.
  216         (c) The statewide minimum permitted hours for the use of
  217  aerial devices are July 1-5 between noon and 11 p.m., and
  218  between 5 p.m. on December 31 and 1 a.m. on January 1. Local
  219  governments may add to these dates for other holidays celebrated
  220  in their communities.
  221         (2) A sparkler or other product authorized for sale under
  222  this chapter may not be sold by a retailer or seasonal retailer
  223  unless the product was obtained from a manufacturer,
  224  distributor, or wholesaler registered with the division pursuant
  225  to s. 791.015. Each retailer and seasonal retailer shall keep,
  226  at every location where sparklers are sold, a copy of an invoice
  227  or other evidence of purchase from the manufacturer,
  228  distributor, or wholesaler, which states the registration
  229  certificate number for the particular manufacturer, distributor,
  230  or wholesaler and the specific items covered by the invoice.
  231  Each seasonal retailer shall, in addition, exhibit a copy of his
  232  or her registration certificate at each seasonal retail
  233  location.
  234         (3) Consumer fireworks may not be sold to or possessed by
  235  persons under 18 years of age, except that novelties may be used
  236  by a person under 18 years of age if the person is being
  237  directly supervised by an adult.
  238         (4) The following consumer fireworks may not be sold in
  239  this state:
  240         (a) Wheel, as described in American Pyrotechnics
  241  Association standard 87-1 at 3.1.1.4.
  242         (b) Bottle rocket, as described in American Pyrotechnics
  243  Association standard 87-1 at 3.1.2.1.
  244         (c) Helicopter or aerial spinner, as described in American
  245  Pyrotechnics Association standard 87-1 at 3.1.2.3.
  246         (d) Aerial shell kit or reloadable tube, as described in
  247  American Pyrotechnics Association standard 87-1 at 3.1.2.6.
  248         (e) Chaser, as described in American Pyrotechnics
  249  Association standard 87-1 at 3.1.3.2.
  250         Section 4. Section 791.04, Florida Statutes, is amended to
  251  read:
  252         791.04 Sale at wholesale, etc., exempted.—Nothing in This
  253  chapter does not shall be construed to prohibit any
  254  manufacturer, distributor, or wholesaler who has registered with
  255  the division pursuant to s. 791.015 to sell at wholesale such
  256  fireworks as are not herein prohibited; to prohibit the sale of
  257  any kind of fireworks at wholesale between manufacturers,
  258  distributors, and wholesalers who have registered with the
  259  division pursuant to s. 791.015; to prohibit the sale of any
  260  kind of fireworks provided they the same are to be shipped
  261  directly out of state by such manufacturer, distributor, or
  262  wholesaler; or to prohibit the sale of fireworks to be used by a
  263  person holding a permit from any board of county commissioners
  264  at the display covered by such permit.; or to prohibit the use
  265  of fireworks by railroads or other transportation agencies for
  266  signal purposes or illumination or when used in quarrying or for
  267  blasting or other industrial use, or the sale or use of blank
  268  cartridges for a show or theater, or for signal or ceremonial
  269  purposes in athletics or sports, or for use by military
  270  organizations, or organizations composed of the Armed Forces of
  271  the United States; provided, nothing in This chapter does not
  272  bar licensed shall be construed as barring the operations of
  273  manufacturers, duly licensed, from manufacturing, experimenting,
  274  exploding, and storing such fireworks in their compounds or
  275  proving grounds.
  276         Section 5. Section 791.07, Florida Statutes, is amended to
  277  read:
  278         791.07 Agricultural and fish hatchery use.—A person who is
  279  engaged in agricultural business on land classified as
  280  agricultural pursuant to s. 193.461 or certified as an
  281  aquaculture activity pursuant to s. 597.004 may use legal
  282  consumer fireworks solely and exclusively for frightening birds
  283  from the agricultural or aquaculture business. This chapter does
  284  not prohibit the purchase or use of legal consumer fireworks for
  285  this purpose as long as the purchaser holds an agricultural
  286  license Nothing in this chapter shall prohibit the importation,
  287  purchase, sale, or use of fireworks used or to be used solely
  288  and exclusively in frightening birds from agricultural works and
  289  fish hatcheries; and such use shall be governed entirely by the
  290  rules prescribed by the Department of Agriculture and Consumer
  291  Services.
  292         Section 6. Subsection (7) is added to section 870.045,
  293  Florida Statutes, to read:
  294         870.045 Discretionary emergency measures.—Whenever the
  295  public official declares that a state of emergency exists,
  296  pursuant to s. 870.043, he or she may order and promulgate all
  297  or any of the following emergency measures, in whole or in part,
  298  with such limitations and conditions as he or she may deem
  299  appropriate:
  300         (7) The prohibition of the sale of consumer fireworks and
  301  fireworks as defined in s. 791.01.
  302  
  303  Any such emergency measure so ordered and promulgated shall be
  304  in effect during the period of said emergency in the area or
  305  areas for which the emergency has been declared.
  306         Section 7. This act shall take effect October 1, 2013.