Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 314
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/08/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 791.01, Florida Statutes, is amended to
    6  read:
    7         791.01 Definitions.—As used in this chapter, the term:
    8         (1) “Distributor” means any person engaged in the business
    9  of selling sparklers to a wholesaler.
   10         (1)(2) “Division” means the Division of the State Fire
   11  Marshal of the Department of Financial Services.
   12         (2)(3) “Explosive compound” means any chemical compound,
   13  mixture, or device the primary or common purpose of which is to
   14  function by the substantially instantaneous release of gas and
   15  heat.
   16         (3)(4)(a) “Fireworks” means a and includes any combustible
   17  or explosive composition or substance or combination of
   18  substances or, except as otherwise hereinafter provided in this
   19  subsection, an any article prepared for the purpose of producing
   20  a visible or audible effect by combustion, explosion,
   21  deflagration, or detonation. The term includes blank cartridges
   22  and toy cannons in which explosives are used, the type of
   23  balloons that which require fire underneath to propel them,
   24  firecrackers, torpedoes, skyrockets, roman candles, daygo dago
   25  bombs, and any fireworks containing any explosives or flammable
   26  compound or any tablets or other device containing any explosive
   27  substance. The term
   28         (b) “Fireworks” does not include novelties, sparklers,
   29  approved by the division pursuant to s. 791.013; toy pistols,
   30  toy canes, toy guns, or other devices in which paper caps
   31  containing twenty-five hundredths grains or less of explosive
   32  compound are used, providing they are so constructed that the
   33  hand cannot come in contact with the cap when in place for the
   34  explosion; or and toy pistol paper caps that which contain less
   35  than twenty hundredths grains of explosive mixture, the sale and
   36  use of which shall be permitted at all times.
   37         (4)(c)“Novelties” means the following devices or products
   38  “Fireworks” also does not include the following novelties and
   39  trick noisemakers:
   40         (a)1. A snake or glow worm, which is a pressed pellet of up
   41  to not more than 10 grams of pyrotechnic composition which that
   42  produces a large, snakelike ash that which expands in length as
   43  the pellet burns and that does not contain mercuric thiocyanate.
   44         (b)2. A smoke device, which is a tube or sphere containing
   45  not more than 10 grams of pyrotechnic composition which, when
   46  burned that, upon burning, produces white or colored smoke as
   47  the primary effect.
   48         (c)3. A trick noisemaker, which is a device that produces a
   49  small report intended to surprise the user and which includes:
   50         1.a. A party popper, which is a small plastic or paper
   51  device containing not more than 16 milligrams of explosive
   52  composition that is friction sensitive, which is ignited by
   53  pulling a string protruding from the device, and which expels a
   54  paper streamer and produces a small report.
   55         2.b. A booby trap, which is a small tube with a string
   56  protruding from both ends containing not more than 16 milligrams
   57  of explosive compound, which is ignited by pulling the ends of
   58  the string, and which produces a small report.
   59         3.c. A snapper, which is a small, paper-wrapped device
   60  containing not more than 4 four milligrams of explosive
   61  composition coated on small bits of sand, and which, when
   62  dropped, explodes, producing a small report. A snapper may not
   63  contain more than 250 milligrams of total sand and explosive
   64  composition.
   65         4.d. A trick match, which is a kitchen or book match that
   66  which is coated with not more than 16 milligrams of explosive or
   67  pyrotechnic composition and which, upon ignition, produces a
   68  small report or shower of sparks.
   69         5.e. A cigarette load, which is a small wooden peg that has
   70  been coated with not more than 16 milligrams of explosive
   71  composition and which produces, upon ignition of a cigarette
   72  containing one of the pegs, a small report.
   73         6.f. An auto burglar alarm, which is a tube which contains
   74  not more than 10 grams of pyrotechnic composition that produces
   75  a loud whistle or smoke when ignited and which is ignited by use
   76  of a squib. A small quantity of explosive, not exceeding 50
   77  milligrams, may also be used to produce a small report.
   79  The sale and use of items listed in this paragraph are permitted
   80  at all times.
   81         (5) “Manufacturer” means any person engaged in the
   82  manufacture or construction of sparklers in this state.
   83         (5)(6) “Retailer” means any person who, at a fixed place of
   84  business, is engaged in selling fireworks, sparklers, or
   85  novelties to consumers at retail.
   86         (6)(7) “Seasonal retailer” means any person engaged in the
   87  business of selling sparklers at retail in this state from June
   88  20 through July 5 and from December 10 through January 2 of each
   89  year.
   90         (7)(8) “Sparkler” means a device that which emits showers
   91  of sparks upon burning, does not contain any explosive
   92  compounds, does not detonate or explode, is handheld or ground
   93  based, cannot propel itself through the air, and contains not
   94  more than 100 grams of the chemical compound that which produces
   95  sparks upon burning. Any sparkler that is not approved by the
   96  division is classified as fireworks.
   97         (9) “Wholesaler” means any person engaged in the business
   98  of selling sparklers to a retailer.
   99         Section 2. Section 791.012, Florida Statutes, is amended to
  100  read:
  101         791.012 Minimum fireworks safety standards.—The outdoor
  102  display of fireworks in this state is shall be governed by the
  103  National Fire Protection Association (NFPA) 1123, Code for
  104  Fireworks Display, 2014 1995 Edition, approved by the American
  105  National Standards Institute. Any state, county, or municipal
  106  law, rule, or ordinance may provide for more stringent
  107  regulations for the outdoor display of fireworks, but in no
  108  event may any such law, rule, or ordinance provide for less
  109  stringent regulations for the outdoor display of fireworks. The
  110  division shall adopt promulgate rules to carry out the
  111  provisions of this section. The Code for Fireworks Display does
  112  shall not govern the display of any fireworks on private,
  113  residential property or and shall not govern the display of
  114  those items excluded from the definition of fireworks included
  115  under s. 791.01 s. 791.01(4)(b) and (c) and authorized for sale
  116  thereunder.
  117         Section 3. Section 791.013, Florida Statutes, is repealed.
  118         Section 4. Section 791.015, Florida Statutes, is amended to
  119  read:
  120         (Substantial rewording of section. See s. 791.015, F.S.,
  121  for present text.)
  122         791.015 Registration, insurance, and disclaimer
  123  requirements for retailers.—
  124         (1)REGISTRATION.—A retailer or seasonal retailer who
  125  wishes to do business in this state or to otherwise sell, ship,
  126  or assign for sale its products in this state shall register
  127  annually with the division on a form prescribed by the division.
  128  Each retailer must annually pay a registration fee of $15 to the
  129  division for each retail location registered. Each seasonal
  130  retailer must pay an annual registration fee of $200 to the
  131  division.
  132         (2)INSURANCE.—A retailer or seasonal retailer in this
  133  state shall obtain an insurance policy providing general,
  134  comprehensive, liability, and property damage insurance coverage
  135  on an occurrence basis with minimum limits in the policy of at
  136  least $2 million combined single limit coverage for each loss
  137  that may result from the activities of the seller. Proof of such
  138  insurance coverage must be submitted with the registration form
  139  required in subsection (1).
  140         (3)DISCLAIMER.—A retailer or seasonal retailer shall
  141  provide to the buyer of fireworks or sparklers, and the buyer
  142  shall sign and date at the point of sale, a disclaimer that
  143  provides, in bold, uppercase type, the following:
  147         I AM SIXTEEN (16) YEARS OF AGE OR OLDER;
  159         Section 5. Sections 791.02 and 791.03, Florida Statutes,
  160  are repealed.
  161         Section 6. Section 791.04, Florida Statutes, is amended to
  162  read:
  163         791.04 Exemptions Sale at wholesale, etc., exempted.
  164  Nothing in This chapter does not: shall be construed to prohibit
  165  any manufacturer, distributor, or wholesaler who has registered
  166  with the division pursuant to s. 791.015 to sell at wholesale
  167  such fireworks as are not herein prohibited; to prohibit the
  168  sale of any kind of fireworks at wholesale between
  169  manufacturers, distributors, and wholesalers who have registered
  170  with the division pursuant to s. 791.015; to prohibit the sale
  171  of any kind of fireworks provided the same are to be shipped
  172  directly out of state by such manufacturer, distributor, or
  173  wholesaler; to prohibit the sale of fireworks to be used by a
  174  person holding a permit from any board of county commissioners
  175  at the display covered by such permit; or to
  176         (1) Prohibit the use of fireworks by railroads or other
  177  transportation agencies for signal purposes or illumination or
  178  when used in quarrying or for blasting or other industrial use.,
  179         (2) Prohibit or the sale or use of blank cartridges for a
  180  show or theater, or for signal or ceremonial purposes in
  181  athletics or sports, or for use by military organizations, or
  182  organizations composed of the Armed Forces of the United
  183  States.; provided, nothing in this chapter shall be construed as
  184  barring
  185         (3) Prohibit the operations of manufacturers, duly
  186  licensed, from manufacturing, experimenting, exploding, and
  187  storing such fireworks in their compounds or proving grounds.
  188         Section 7. Section 791.08, Florida Statutes, is created to
  189  read:
  190         791.08Age restriction.—Fireworks, sparklers, and novelties
  191  may not be sold to a person under 16 years of age.
  192         Section 8. Section 791.09, Florida Statutes, is created to
  193  read:
  194         791.09 Local regulation.—Except for the sale and use
  195  exemption provided under ss. 791.04 and 791.07, a county or
  196  municipality may regulate the sale and use of fireworks,
  197  sparklers, and novelties. However, a county or municipality may
  198  require a retailer or seasonal retailer to take reasonable steps
  199  to determine a buyer’s eligibility to purchase such items under
  200  an exemption provided under ss. 791.04 and 791.07.
  201         Section 9. This act shall take effect upon becoming a law.
  203  ================= T I T L E  A M E N D M E N T ================
  204  And the title is amended as follows:
  205         Delete everything before the enacting clause
  206  and insert:
  207                        A bill to be entitled                      
  208         An act relating to fireworks; amending s. 791.01,
  209         F.S.; removing and redefining terms; amending s.
  210         791.012, F.S.; conforming a cross-reference to changes
  211         made by the act; repealing s. 791.013, F.S., relating
  212         to the testing and approval of sparklers and the
  213         registration of manufacturers, distributors,
  214         wholesalers, and retailers of sparklers; amending s.
  215         791.015, F.S.; requiring a retailer or seasonal
  216         retailor to register annually with the Division of the
  217         State Fire Marshal; requiring the payment of a
  218         registration fee; requiring a retailer or seasonal
  219         retailor to obtain insurance and to provide the buyer
  220         with a disclaimer, which must be signed at the point
  221         of sale; repealing s. 791.02, F.S., relating to the
  222         sale and use of fireworks; repealing s. 791.03, F.S.,
  223         relating to the bond of licensees; amending s. 791.04,
  224         F.S.; removing certain exemptions relating to the
  225         prohibition of the sale of fireworks at wholesale;
  226         creating s. 791.08, F.S.; prohibiting the sale of
  227         fireworks, sparklers, and novelties to a person under
  228         a specified age; creating s. 791.09, F.S.; authorizing
  229         a county or municipality to regulate the sale and use
  230         of fireworks, sparklers, and novelties; providing an
  231         effective date.