Florida HB 6037: Fireworks

Bill Text

HB 6037 2018

CODING: Words stricken are deletions; words underlined are additions.
hb6037-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to fireworks; repealing ss. 791.013 2
and 791.015, F.S., relating to the testing and 3
approval of sparklers and the registration of 4
manufacturers, distributors, wholesalers, and 5
retailers of sparklers, respectively; repealing s. 6
791.02, F.S., relating to the sale and use of 7
fireworks; repealing s. 791.03, F.S., relating to the 8
bond of licensees; amending ss. 791.01, 791.012, and 9
791.04, F.S.; conforming provisions to changes made by 10
the act; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Sections 791.013, 791.015, 791.02, and 791.03, 15
Florida Statutes, are repealed. 16
Section 2. Section 791.01, Florida Statutes, is amended to 17
read: 18
791.01 Definitions.—As used in this chapter, the term: 19
(1) "Distributor" means any person engaged in the business 20
of selling sparklers to a wholesaler. 21
(1)(2) "Division" means the Division of the State Fire 22
Marshal of the Department of Financial Services. 23
(2)(3) "Explosive compound" means any chemical compound, 24
mixture, or device the primary or common purpose of which is to 25

HB 6037 2018

CODING: Words stricken are deletions; words underlined are additions.
hb6037-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

function by the substantially instantaneous release of gas and 26
heat. 27
(3)(4)(a) "Fireworks" means and includes any combustible 28
or explosive composition or substance or combination of 29
substances or, except as hereinafter provided, any article 30
prepared for the purpose of producing a visible or audible 31
effect by combustion, explosion, deflagration, or detonation. 32
The term includes blank cartridges and toy cannons in which 33
explosives are used, the type of balloons which require fire 34
underneath to propel them, firecrackers, torpedoes, skyrockets, 35
roman candles, dago bombs, and any fireworks containing any 36
explosives or flammable compound or any tablets or other device 37
containing any explosive substance. 38
(b) "Fireworks" does not include sparklers approved by the 39
division pursuant to s. 791.013; toy pistols, toy canes, toy 40
guns, or other devices in which paper caps containing twenty-41
five hundredths grains or less of explosive compound are used, 42
providing they are so constructed that the hand cannot come in 43
contact with the cap when in place for the explosion; and toy 44
pistol paper caps which contain less than twenty hundredths 45
grains of explosive mixture, the sale and use of which shall be 46
permitted at all times. 47
(c) "Fireworks" also does not include the following 48
novelties and trick noisemakers: 49
1. A snake or glow worm, which is a pressed pellet of not 50

HB 6037 2018

CODING: Words stricken are deletions; words underlined are additions.
hb6037-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

more than 10 grams of pyrotechnic composition that produces a 51
large, snakelike ash which expands in length as the pellet burns 52
and that does not contain mercuric thiocyanate. 53
2. A smoke device, which is a tube or sphere containing 54
not more than 10 grams of pyrotechnic composition that, upon 55
burning, produces white or colored smoke as the primary effect. 56
3. A trick noisemaker, which is a device that produces a 57
small report intended to surprise the user and which includes: 58
a. A party popper, which is a small plastic or paper 59
device containing not more than 16 milligrams of explosive 60
composition that is friction sensitive, which is ignited by 61
pulling a string protruding from the device, and which expels a 62
paper streamer and produces a small report. 63
b. A booby trap, which is a small tube with a string 64
protruding from both ends containing not more than 16 milligrams 65
of explosive compound, which is ignited by pulling the ends of 66
the string, and which produces a small report. 67
c. A snapper, which is a small, paper-wrapped device 68
containing not more than four milligrams of explosive 69
composition coated on small bits of sand, and which, when 70
dropped, explodes, producing a small report. A snapper may not 71
contain more than 250 milligrams of total sand and explosive 72
composition. 73
d. A trick match, which is a kitchen or book match which 74
is coated with not more than 16 milligrams of explosive or 75

HB 6037 2018

CODING: Words stricken are deletions; words underlined are additions.
hb6037-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

pyrotechnic composition and which, upon ignition, produces a 76
small report or shower of sparks. 77
e. A cigarette load, which is a small wooden peg that has 78
been coated with not more than 16 milligrams of explosive 79
composition and which produce