BAN ALL ILLEGAL FIREWORKS

Analysis of the State Statute

Whats wrong with the Statute?

The Statute contains a large “loophole”. Some people say the loophole is “large enough to drive a truck loaded with fireworks through it”.

The statute permits the sale of banned fireworks to individuals who operate a railroad (as signal devices), quarrying (mining), fish hatcheries or Agriculture (to frighten birds away from crops or the hatchery).

First of all the rail and mining industry says they haven’t used fireworks in decades. Secondly, the fish hatchery says they use netting over their breeding ponds, so they do not use them. We have yet to find a modern farmer who uses fireworks.

The fireworks industry uses this loophole to circumvent the Statute by requiring each customer liable themselves by signing a “verification” form which states they are purchasing the illegal fireworks to be used for one of the above reasons permitted by the statute. Common sense would tell the fireworks retailer or wholesaler that every customer that walks into their tent could not possibly own a railroad, quarry or a fish hatchery. They are participating in a fraudulent transaction and unfortunately some of our local officials continue to condone it.

Tom Gallagher, the State of Florida Fire Marshall, ruled in a June 30th 2003 bulletin as follows:
“A retailer may be illegally selling fireworks to the general public using a “verification” form leading consumers to believe they qualify for an exemption under s. 791.04, F.S. A retailer using these forms, or similar forms, for this purpose is in violation of the law.”

Our local Fire Marshals and Law Enforcement personnel cannot enforce the statute as it currently exists without assigning an officer on the premises of each retailer during the hours they are open for business. This is impossible to do.

What can be done?

The easiest way to eliminate the loophole in the State Statute would be for the State Legislature to close the loophole be eliminating the three exceptions in the Statute (fish hatchery, quarries & railroads). Due to the influence of a strong lobby (and monies contributed to election campaigns by the fireworks industry), this does not appear to be a viable option,however, we can keep trying. We understand some Representatives are looking into the possibility of removing the "loopholes" in the State Statute. Please contact your Representative and urge him/her support the change. You can link to the State Representatives using the "Hot Link" in the left column.

For now, it appears the best option is to persuade our local elected officials to enact an ordinance that will require the fireworks retailers to truly verify the eligibility of each buyer by maintaining a record of each sale and to require each buyer to show identification and proof (permit) that they are exempt from the Statute. There are penalties under the ordinance if they fail to follow the ordinance.

Polk County, our neighboring county to our East enacted such an ordinance in the early 1990's. Pinellas County to our West enacted a similar ordinance this year (effective (10/1/03). The officials in each of these counties would like to see Hillsborough County enact a similar ordinance as it would make fireworks more difficult to obtain in the West Coast area.

Will the enactment of the ordinance “eliminate” the use of these illegal firework? No, however, it would reduce the availablity within our area and would make it much easier for our Law Enforcement to enforce the Statue.