Florida Senate - 2014                                     SB 314
       By Senator Brandes
       22-00305-14                                            2014314__
    1                        A bill to be entitled                      
    2         An act relating to fireworks; repealing ss. 791.013
    3         and 791.015, F.S., relating to the testing and
    4         approval of sparklers and the registration of
    5         manufacturers, distributors, wholesalers, and
    6         retailers of sparklers; repealing s. 791.02, F.S.,
    7         relating to the sale and use of fireworks; repealing
    8         s. 791.03, F.S., relating to the bond for licensees;
    9         amending ss. 791.01, 791.012, and 791.04, F.S.;
   10         conforming provisions to changes made by the act;
   11         providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Sections 791.013, 791.015, 791.02, and 791.03,
   16  Florida Statutes, are repealed.
   17         Section 2. Section 791.01, Florida Statutes, is amended to
   18  read:
   19         791.01 Definitions.—As used in this chapter, the term:
   20         (1) “Distributor” means any person engaged in the business
   21  of selling sparklers to a wholesaler.
   22         (1)(2) “Division” means the Division of the State Fire
   23  Marshal of the Department of Financial Services.
   24         (2)(3) “Explosive compound” means any chemical compound,
   25  mixture, or device the primary or common purpose of which is to
   26  function by the substantially instantaneous release of gas and
   27  heat.
   28         (3)(4)(a) “Fireworks” means and includes any combustible or
   29  explosive composition or substance or combination of substances
   30  or, except as otherwise hereinafter provided in this subsection,
   31  any article prepared for the purpose of producing a visible or
   32  audible effect by combustion, explosion, deflagration, or
   33  detonation. The term includes blank cartridges and toy cannons
   34  in which explosives are used, the type of balloons that which
   35  require fire underneath to propel them, firecrackers, torpedoes,
   36  skyrockets, roman candles, dago bombs, and any fireworks
   37  containing any explosives or flammable compound or any tablets
   38  or other device containing any explosive substance.
   39         (b) “Fireworks” does not include sparklers approved by the
   40  division pursuant to s. 791.013; toy pistols, toy canes, toy
   41  guns, or other devices in which paper caps containing twenty
   42  five hundredths grains or less of explosive compound are used,
   43  providing they are so constructed that the hand cannot come in
   44  contact with the cap when in place for the explosion; and toy
   45  pistol paper caps which contain less than twenty hundredths
   46  grains of explosive mixture, the sale and use of which is
   47  authorized shall be permitted at all times.
   48         (c) “Fireworks” also does not include the following
   49  novelties and trick noisemakers:
   50         1. A snake or glow worm, which is a pressed pellet of not
   51  more than 10 grams of pyrotechnic composition that produces a
   52  large, snakelike ash that which expands in length as the pellet
   53  burns and that does not contain mercuric thiocyanate.
   54         2. A smoke device, which is a tube or sphere containing not
   55  more than 10 grams of pyrotechnic composition that, upon
   56  burning, produces white or colored smoke as the primary effect.
   57         3. A trick noisemaker, which is a device that produces a
   58  small report intended to surprise the user and which includes:
   59         a. A party popper, which is a small plastic or paper device
   60  containing not more than 16 milligrams of explosive composition
   61  that is friction sensitive, which is ignited by pulling a string
   62  protruding from the device, and which expels a paper streamer
   63  and produces a small report.
   64         b. A booby trap, which is a small tube with a string
   65  protruding from both ends containing not more than 16 milligrams
   66  of explosive compound, which is ignited by pulling the ends of
   67  the string, and which produces a small report.
   68         c. A snapper, which is a small, paper-wrapped device
   69  containing not more than four milligrams of explosive
   70  composition coated on small bits of sand, and which, when
   71  dropped, explodes, producing a small report. A snapper may not
   72  contain more than 250 milligrams of total sand and explosive
   73  composition.
   74         d. A trick match, which is a kitchen or book match which is
   75  coated with not more than 16 milligrams of explosive or
   76  pyrotechnic composition and which, upon ignition, produces a
   77  small report or shower of sparks.
   78         e. A cigarette load, which is a small wooden peg that has
   79  been coated with not more than 16 milligrams of explosive
   80  composition and which produces, upon ignition of a cigarette
   81  containing one of the pegs, a small report.
   82         f. An auto burglar alarm, which is a tube which contains
   83  not more than 10 grams of pyrotechnic composition that produces
   84  a loud whistle or smoke when ignited and which is ignited by use
   85  of a squib. A small quantity of explosive, not exceeding 50
   86  milligrams, may also be used to produce a small report.
   88  The sale and use of items listed in this paragraph are permitted
   89  at all times.
   90         (5) “Manufacturer” means any person engaged in the
   91  manufacture or construction of sparklers in this state.
   92         (6) “Retailer” means any person who, at a fixed place of
   93  business, is engaged in selling sparklers to consumers at
   94  retail.
   95         (7) “Seasonal retailer” means any person engaged in the
   96  business of selling sparklers at retail in this state from June
   97  20 through July 5 and from December 10 through January 2 of each
   98  year.
   99         (4)(8) “Sparkler” means a device which emits showers of
  100  sparks upon burning, does not contain any explosive compounds,
  101  does not detonate or explode, is handheld or ground based,
  102  cannot propel itself through the air, and contains not more than
  103  100 grams of the chemical compound which produces sparks upon
  104  burning. Any sparkler that is not approved by the division is
  105  classified as fireworks.
  106         (9) “Wholesaler” means any person engaged in the business
  107  of selling sparklers to a retailer.
  108         Section 3. Section 791.012, Florida Statutes, is amended to
  109  read:
  110         791.012 Minimum fireworks safety standards.—The outdoor
  111  display of fireworks in this state shall be governed by the
  112  National Fire Protection Association (NFPA) 1123, Code for
  113  Fireworks Display, 1995 Edition, approved by the American
  114  National Standards Institute. Any state, county, or municipal
  115  law, rule, or ordinance may provide for more stringent
  116  regulations for the outdoor display of fireworks, but in no
  117  event may any such law, rule, or ordinance provide for less
  118  stringent regulations for the outdoor display of fireworks. The
  119  division shall adopt promulgate rules to carry out the
  120  provisions of this section. The Code for Fireworks Display does
  121  shall not govern the display of any fireworks on private,
  122  residential property and does shall not govern the display of
  123  those items included under s. 791.01(3)(b) and (c) s.
  124  791.01(4)(b) and (c) and authorized for sale thereunder.
  125         Section 4. Section 791.04, Florida Statutes, is amended to
  126  read:
  127         791.04 Exemptions Sale at wholesale, etc., exempted.
  128  Nothing in This chapter does not: shall be construed to prohibit
  129  any manufacturer, distributor, or wholesaler who has registered
  130  with the division pursuant to s. 791.015 to sell at wholesale
  131  such fireworks as are not herein prohibited; to prohibit the
  132  sale of any kind of fireworks at wholesale between
  133  manufacturers, distributors, and wholesalers who have registered
  134  with the division pursuant to s. 791.015; to prohibit the sale
  135  of any kind of fireworks provided the same are to be shipped
  136  directly out of state by such manufacturer, distributor, or
  137  wholesaler; to prohibit the sale of fireworks to be used by a
  138  person holding a permit from any board of county commissioners
  139  at the display covered by such permit; or to
  140         (1) Prohibit the use of fireworks by railroads or other
  141  transportation agencies for signal purposes or illumination or
  142  when used in quarrying or for blasting or other industrial use.,
  143         (2) Prohibit or the sale or use of blank cartridges for a
  144  show or theater, or for signal or ceremonial purposes in
  145  athletics or sports, or for use by military organizations, or
  146  organizations composed of the Armed Forces of the United
  147  States.; provided, nothing in this chapter shall be construed as
  148  barring
  149         (3) Prohibit the operations of manufacturers, duly
  150  licensed, from manufacturing, experimenting, exploding, and
  151  storing such fireworks in their compounds or proving grounds.
  152         Section 5. This act shall take effect upon becoming a law.