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Florida Constitution Revision Commission

PUB 700541: Sale of Fireworks by Robert A. Berkovsky - Withdrawn by the Submitter

ARTICLE X: MISCELLANEOUS, New Section.

Catchline: SALE OF FIREWORKS

(a) It shall be unlawful for any person (hereinafter "vendor") to sell or offer to sell any fireworks, except as provided below:

(b) A vendor may lawfully sell fireworks to a person who presents to the vendor:

(1) A copy of the statement required to be filed with that person with the sheriff under chapter 5A of the Florida Administrative Code, relating to the use of fireworks for the purpose of frightening birds from doing harm to agricultural works or a fish hatchery.

(2) The permit described in section 791.02 of the Florida Statutes, relating to the board of county commissioners granting of permits for supervised displays of fireworks.

(c) A vendor who violates this section by selling or offering to sell fireworks to any person other than as provided in this section shall be guilty of a misdemeanor of the first degree, punishable as provided in section 775.082(4)(a) of the Florida Statutes, or by a fine of $5,000, or by both imprisonment and a fine, unless the legislature enacts more stringent penalties.  Each sale to a person who does not present a copy of the required statement or permit to the vendor shall be considered a separate offense. 

(d) It shall be unlawful for any person to purchase or attempt to purchase fireworks for a use other than for which the statement or permit was issued, or by presenting to the vendor a statement or permit known to the person to be false or invalid, punishable by a fine of $1,000, unless the legislature enacts more stringent penalties.  Each purchase or attepted purchase shall be considered a separate offense.

(e) For purposes of this section:

(1) "Person" means any natural person or corporation or any business activity of whtever kind.

(2) "Fireworks" are those devices described in section 791.01 of the Florida Statutes, as of September 22, 2017, unless the legislature enacts a more stringent definition.

(f) This section does not apply to sales between manufacturers, distributors, or wholesalers.