Florida Senate - 2014                              CS for SB 314
       By the Committee on Commerce and Tourism; and Senator Brandes
       577-00953-14                                           2014314c1
    1                        A bill to be entitled                      
    2         An act relating to fireworks; amending s. 791.01,
    3         F.S.; removing and redefining terms; amending s.
    4         791.012, F.S.; conforming a cross-reference to changes
    5         made by the act; repealing s. 791.013, F.S., relating
    6         to the testing and approval of sparklers and the
    7         registration of manufacturers, distributors,
    8         wholesalers, and retailers of sparklers; amending s.
    9         791.015, F.S.; requiring a retailer or seasonal
   10         retailor to register annually with the Division of the
   11         State Fire Marshal; requiring the payment of a
   12         registration fee; requiring a retailer or seasonal
   13         retailor to obtain insurance and to provide the buyer
   14         with a disclaimer, which must be signed at the point
   15         of sale; repealing s. 791.02, F.S., relating to the
   16         sale and use of fireworks; repealing s. 791.03, F.S.,
   17         relating to the bond of licensees; amending s. 791.04,
   18         F.S.; removing certain exemptions relating to the
   19         prohibition of the sale of fireworks at wholesale;
   20         creating s. 791.08, F.S.; prohibiting the sale of
   21         fireworks, sparklers, and novelties to a person under
   22         a specified age; creating s. 791.09, F.S.; authorizing
   23         a county or municipality to regulate the sale and use
   24         of fireworks, sparklers, and novelties; providing an
   25         effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Section 791.01, Florida Statutes, is amended to
   30  read:
   31         791.01 Definitions.—As used in this chapter, the term:
   32         (1) “Distributor” means any person engaged in the business
   33  of selling sparklers to a wholesaler.
   34         (1)(2) “Division” means the Division of the State Fire
   35  Marshal of the Department of Financial Services.
   36         (2)(3) “Explosive compound” means any chemical compound,
   37  mixture, or device the primary or common purpose of which is to
   38  function by the substantially instantaneous release of gas and
   39  heat.
   40         (3)(4)(a) “Fireworks” means a and includes any combustible
   41  or explosive composition or substance or combination of
   42  substances or, except as otherwise hereinafter provided in this
   43  subsection, an any article prepared for the purpose of producing
   44  a visible or audible effect by combustion, explosion,
   45  deflagration, or detonation. The term includes blank cartridges
   46  and toy cannons in which explosives are used, the type of
   47  balloons that which require fire underneath to propel them,
   48  firecrackers, torpedoes, skyrockets, roman candles, daygo dago
   49  bombs, and any fireworks containing any explosives or flammable
   50  compound or any tablets or other device containing any explosive
   51  substance. The term
   52         (b) “Fireworks” does not include novelties, sparklers,
   53  approved by the division pursuant to s. 791.013; toy pistols,
   54  toy canes, toy guns, or other devices in which paper caps
   55  containing twenty-five hundredths grains or less of explosive
   56  compound are used, providing they are so constructed that the
   57  hand cannot come in contact with the cap when in place for the
   58  explosion; or and toy pistol paper caps that which contain less
   59  than twenty hundredths grains of explosive mixture, the sale and
   60  use of which shall be permitted at all times.
   61         (4)(c)“Novelties” means the following devices or products
   62  “Fireworks” also does not include the following novelties and
   63  trick noisemakers:
   64         (a)1. A snake or glow worm, which is a pressed pellet of up
   65  to not more than 10 grams of pyrotechnic composition which that
   66  produces a large, snakelike ash that which expands in length as
   67  the pellet burns and that does not contain mercuric thiocyanate.
   68         (b)2. A smoke device, which is a tube or sphere containing
   69  not more than 10 grams of pyrotechnic composition which, when
   70  burned that, upon burning, produces white or colored smoke as
   71  the primary effect.
   72         (c)3. A trick noisemaker, which is a device that produces a
   73  small report intended to surprise the user and which includes:
   74         1.a. A party popper, which is a small plastic or paper
   75  device containing not more than 16 milligrams of explosive
   76  composition that is friction sensitive, which is ignited by
   77  pulling a string protruding from the device, and which expels a
   78  paper streamer and produces a small report.
   79         2.b. A booby trap, which is a small tube with a string
   80  protruding from both ends containing not more than 16 milligrams
   81  of explosive compound, which is ignited by pulling the ends of
   82  the string, and which produces a small report.
   83         3.c. A snapper, which is a small, paper-wrapped device
   84  containing not more than 4 four milligrams of explosive
   85  composition coated on small bits of sand, and which, when
   86  dropped, explodes, producing a small report. A snapper may not
   87  contain more than 250 milligrams of total sand and explosive
   88  composition.
   89         4.d. A trick match, which is a kitchen or book match that
   90  which is coated with not more than 16 milligrams of explosive or
   91  pyrotechnic composition and which, upon ignition, produces a
   92  small report or shower of sparks.
   93         5.e. A cigarette load, which is a small wooden peg that has
   94  been coated with not more than 16 milligrams of explosive
   95  composition and which produces, upon ignition of a cigarette
   96  containing one of the pegs, a small report.
   97         6.f. An auto burglar alarm, which is a tube which contains
   98  not more than 10 grams of pyrotechnic composition that produces
   99  a loud whistle or smoke when ignited and which is ignited by use
  100  of a squib. A small quantity of explosive, not exceeding 50
  101  milligrams, may also be used to produce a small report.
  103  The sale and use of items listed in this paragraph are permitted
  104  at all times.
  105         (5) “Manufacturer” means any person engaged in the
  106  manufacture or construction of sparklers in this state.
  107         (5)(6) “Retailer” means any person who, at a fixed place of
  108  business, is engaged in selling fireworks, sparklers, or
  109  novelties to consumers at retail.
  110         (6)(7) “Seasonal retailer” means any person engaged in the
  111  business of selling sparklers at retail in this state from June
  112  20 through July 5 and from December 10 through January 2 of each
  113  year.
  114         (7)(8) “Sparkler” means a device that which emits showers
  115  of sparks upon burning, does not contain any explosive
  116  compounds, does not detonate or explode, is handheld or ground
  117  based, cannot propel itself through the air, and contains not
  118  more than 100 grams of the chemical compound that which produces
  119  sparks upon burning. Any sparkler that is not approved by the
  120  division is classified as fireworks.
  121         (9) “Wholesaler” means any person engaged in the business
  122  of selling sparklers to a retailer.
  123         Section 2. Section 791.012, Florida Statutes, is amended to
  124  read:
  125         791.012 Minimum fireworks safety standards.—The outdoor
  126  display of fireworks in this state is shall be governed by the
  127  National Fire Protection Association (NFPA) 1123, Code for
  128  Fireworks Display, 2014 1995 Edition, approved by the American
  129  National Standards Institute. Any state, county, or municipal
  130  law, rule, or ordinance may provide for more stringent
  131  regulations for the outdoor display of fireworks, but in no
  132  event may any such law, rule, or ordinance provide for less
  133  stringent regulations for the outdoor display of fireworks. The
  134  division shall adopt promulgate rules to carry out the
  135  provisions of this section. The Code for Fireworks Display does
  136  shall not govern the display of any fireworks on private,
  137  residential property or and shall not govern the display of
  138  those items excluded from the definition of fireworks included
  139  under s. 791.01 s. 791.01(4)(b) and (c) and authorized for sale
  140  thereunder.
  141         Section 3. Section 791.013, Florida Statutes, is repealed.
  142         Section 4. Section 791.015, Florida Statutes, is amended to
  143  read:
  144         (Substantial rewording of section. See s. 791.015, F.S.,
  145  for present text.)
  146         791.015 Registration, insurance, and disclaimer
  147  requirements for retailers.—
  148         (1)REGISTRATION.—A retailer or seasonal retailer who
  149  wishes to do business in this state or to otherwise sell, ship,
  150  or assign for sale its products in this state shall register
  151  annually with the division on a form prescribed by the division.
  152  Each retailer must annually pay a registration fee of $15 to the
  153  division for each retail location registered. Each seasonal
  154  retailer must pay an annual registration fee of $200 to the
  155  division.
  156         (2)INSURANCE.—A retailer or seasonal retailer in this
  157  state shall obtain an insurance policy providing general,
  158  comprehensive, liability, and property damage insurance coverage
  159  on an occurrence basis with minimum limits in the policy of at
  160  least $2 million combined single limit coverage for each loss
  161  that may result from the activities of the seller. Proof of such
  162  insurance coverage must be submitted with the registration form
  163  required in subsection (1).
  164         (3)DISCLAIMER.—A retailer or seasonal retailer shall
  165  provide to the buyer of fireworks or sparklers, and the buyer
  166  shall sign and date at the point of sale, a disclaimer that
  167  provides, in bold, uppercase type, the following:
  171         I AM SIXTEEN (16) YEARS OF AGE OR OLDER;
  183         Section 5. Sections 791.02 and 791.03, Florida Statutes,
  184  are repealed.
  185         Section 6. Section 791.04, Florida Statutes, is amended to
  186  read:
  187         791.04 Exemptions Sale at wholesale, etc., exempted.
  188  Nothing in This chapter does not: shall be construed to prohibit
  189  any manufacturer, distributor, or wholesaler who has registered
  190  with the division pursuant to s. 791.015 to sell at wholesale
  191  such fireworks as are not herein prohibited; to prohibit the
  192  sale of any kind of fireworks at wholesale between
  193  manufacturers, distributors, and wholesalers who have registered
  194  with the division pursuant to s. 791.015; to prohibit the sale
  195  of any kind of fireworks provided the same are to be shipped
  196  directly out of state by such manufacturer, distributor, or
  197  wholesaler; to prohibit the sale of fireworks to be used by a
  198  person holding a permit from any board of county commissioners
  199  at the display covered by such permit; or to
  200         (1) Prohibit the use of fireworks by railroads or other
  201  transportation agencies for signal purposes or illumination or
  202  when used in quarrying or for blasting or other industrial use.,
  203         (2) Prohibit or the sale or use of blank cartridges for a
  204  show or theater, or for signal or ceremonial purposes in
  205  athletics or sports, or for use by military organizations, or
  206  organizations composed of the Armed Forces of the United
  207  States.; provided, nothing in this chapter shall be construed as
  208  barring
  209         (3) Prohibit the operations of manufacturers, duly
  210  licensed, from manufacturing, experimenting, exploding, and
  211  storing such fireworks in their compounds or proving grounds.
  212         Section 7. Section 791.08, Florida Statutes, is created to
  213  read:
  214         791.08Age restriction.—Fireworks, sparklers, and novelties
  215  may not be sold to a person under 16 years of age.
  216         Section 8. Section 791.09, Florida Statutes, is created to
  217  read:
  218         791.09 Local regulation.—Except for the sale and use
  219  exemption provided under ss. 791.04 and 791.07, a county or
  220  municipality may regulate the sale and use of fireworks,
  221  sparklers, and novelties. However, a county or municipality may
  222  require a retailer or seasonal retailer to take reasonable steps
  223  to determine a buyer’s eligibility to purchase such items under
  224  an exemption provided under ss. 791.04 and 791.07.
  225         Section 9. This act shall take effect upon becoming a law.