Title: Fireworks

Summary: Providing & revising definitions; prohibits sale or possession of consumer fireworks by persons younger than 18 years of age; provides an exception; repeals provisions relating to agricultural & fish hatchery use of fireworks.

Full Text:
An act relating to fireworks; reordering and amending s. 791.01, F.S.; providing and revising definitions; amending s. 791.02, F.S.; prohibiting the sale or possession of consumer fireworks by persons younger than years of age; providing an exception; repealing s. 791.07, F.S., relating to agricultural and fish hatchery use of fireworks; amending s. 791.012, F.S.; conforming a cross-reference; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 791.01, Florida Statutes, is reordered and amended to read: 791.01 Definitions.-As used in this chapter, the term: (1) "Aerial devices" means devices described in the American Pyrotechnics Association standard-1 at 3.1.2 and includes sky rockets, missile-type rockets, roman candles, and mine and shell devices. (2) "Consumer" means a person purchasing or possessing a product for personal use. (3) "Consumer fireworks" means small fireworks that are designed primarily to produce visible effects by combustion and that are required to comply with the construction, chemical composition, and cautionary labeling regulations of the Consumer Product Safety Commission as provided in C.F.R. parts 1500 and 1507 and the American Pyrotechnics Association standard- HB 1213 2013 1. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing milli grams or less of explosive composition, and aerial devices containing milligrams or less of explosive composition. The term also includes novelties and devices classified by United States Department of Transportation at 34 C.F.R. s. 172.01 as consumer fireworks UN0336 and UN0337. (4)(1) "Distributor" means any person engaged in the business of selling sparklers to a wholesaler. (5)(2) "Division" means the Division of the State Fire Marshal of the Department of Financial Services. (6)(3) "Explosive compound" means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat. (7)(4)(a) "Fireworks" means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or othe rdevice containing any explosive substance. The term (b) "Fireworks" does not include consumer fireworks, novelties, or sparklers approved by the division pursuant to s. HB 1213 2013 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps con taining twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hund redths grains of explosive mixture, the sale and use of which shall be permitted at all times. (8)(5) "Manufacturer" means any person engaged in the manufacture or construction of sparklers in this state. (9)(c) "Novelties" means those devices identifi ed in the American Pyrotechnics Association standard-1 as novelty devices at 2.12, and includes "Fireworks" also does not include the following novelties and trick noisemakers: (a)1. A snake or glow worm, which is a pressed pellet of not more than grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate. (b)2. A smoke device, which is a tube or sphere containing not more than grams of pyrotec hnic composition that, upon burning, produces white or colored smoke as the primary effect. (c)3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes: 1.a. A party popper, which is a small plastic or paper device containing not more than milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report. 2.b. A booby trap, which is a small tube with a string HB 1213 2013 protruding from both ends containing not more than milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report. 3.c. A snapper, which is a small, paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than milligrams of total sand and ex plosive composition. 4.d. A trick match, which is a kitchen or book match which is coated with not more than milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks. 5.e. A cigarette load, which is a small wooden peg that has been coated with not more than milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report. 6.f. An auto burglar alarm, which is a tube which contains not more than grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 105 milligrams, may also be used to produce a small report. The sale and use of items listed in this paragraph are permitted at all times. (10)(6) "Retailer" means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail. HB 1213 2013 (11)(7) "Seasonal retailer" means any person engaged in the business of selling sparklers at retail in this state from June through July and from December through January of each year. (12)(8) "Sparkler" means a device which emits showers of sparks upon burning, does not contain any explos ive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. The term includes ground and hand-held sparkling devices as described in the American Pyrotechnics Association standard-1 at 3.1.1. Any sparkler that is not approved by the division is classified as fireworks. (13)(9) "Wholesaler" means any person engaged in the business of selling sparkle rs to a retailer. Section 2. Subsection (1) of section 791.02, Florida Statutes, is amended, and subsection (3) is added to that section, to read: 791.02 Sale of fireworks regulated; rules and regulations;exceptions.-(1) Except as otherwise hereinafter provided in this section, it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks.; provided that The board of county commissioners of any county may shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of HB 1213 2013 individuals when such public display is to take place outside of any municipality.; provided, further, that The governing body of any municipality may shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within its the boundaries of any municipality.Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character,and so located, discharg ed, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not to be hazardous to property or to endanger any person. Application for permits shall be made in writing at least days in advance of the date of the di splay. After such privilege is shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted under this subsection hereunder shall be transferable. (3) Consumer fi reworks may not be sold to or possessed by a person younger than years of age, except that novelties may be used by a person younger than years of age if the person is being directly supervised by an adult. Section 3. Section 791.07, Florida Stat utes, is repealed. Section 4. Section 791.012, Florida Statutes, is amended to read: 791.012 Minimum fireworks safety standards.-The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American HB 1213 2013 National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may a ny such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of consumer fireworks or novelties those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder.Section 5. This act shall take effect October 1, 2013.