§ 791.001 Application and enforcement
§ 791.01 Definitions
§ 791.012 Minimum fireworks safety standards
§ 791.013 Testing and approval of sparklers; penalties
§ 791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers
§ 791.02 Sale of fireworks regulated; rules and regulations
§ 791.03 Bond of licensees
§ 791.04 Sale at wholesale, etc., exempted
§ 791.05 Seizure of illegal fireworks
§ 791.055 Restrictions upon storage of sparklers
§ 791.06 Penalties
§ 791.07 Agricultural and fish hatchery use

Terms Used In Florida Statutes > Chapter 791

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Audit: means a systematic review of financial and all other documents to ensure compliance with…. See Florida Statutes 744.102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporate guardian: means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian. See Florida Statutes 744.102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the circuit court. See Florida Statutes 744.102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Distributor: means any person engaged in the business of selling sparklers to a wholesaler. See Florida Statutes 744.454
  • Division: means the Division of the State Fire Marshal of the Department of Financial Services. See Florida Statutes 744.454
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Estate: means the property of a ward subject to administration. See Florida Statutes 744.102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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. See Florida Statutes 744.454
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: means a person who has been appointed by the court to act on behalf of a ward's person or property, or both. See Florida Statutes 744.102
  • Incapacitated person: means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. See Florida Statutes 744.102
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manufacturer: means any person engaged in the manufacture or construction of sparklers in this state. See Florida Statutes 744.454
  • Minor: means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise. See Florida Statutes 744.102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Next of kin: means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person. See Florida Statutes 744.102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Professional guardian: means any guardian who has at any time rendered services to three or more wards as their guardian. See Florida Statutes 744.102
  • Property: means both real and personal property or any interest in it and anything that may be the subject of ownership. See Florida Statutes 744.102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Retailer: means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail. See Florida Statutes 744.454
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Seasonal retailer: means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year. See Florida Statutes 744.454
  • Sparkler: means a device which emits showers of sparks upon burning, does not contain any explosive 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. See Florida Statutes 744.454
  • Statute: A law passed by a legislature.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Totally incapacitated: means incapable of exercising any of the rights enumerated in…. See Florida Statutes 744.102
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
  • Wholesaler: means any person engaged in the business of selling sparklers to a retailer. See Florida Statutes 744.454
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011