BAN ALL ILLEGAL FIREWORKS

Current Status of an ordinance to ban the illegal fireworks !!!

Hillsborough County - The attempt to pass an ordinance

Commissioner Pat Frank placed this item on the Boards agenda on July 16th, 2003.

Commissioner Ken Welch, from Pinellas County and a strong proponent of a ban on illegal fireworks, outlined the details of the Pinellas ordinance to the Hillsborough County Commissioners.

Wes Hayes, the Fire Marshall in Polk County spoke on the effectiness of the ordinance in Polk County.

Also in attendance to show their support for an ordinance in Hillsborough County were the Fire Marshall or a representative from the fire department in Plant City, Temple Terrace and The Fire Chief from Hillsborough County. A representative from The Hillsborough County Sheriffs Department was also in attendance to show their support.

Commissioners Pat Frank, Jan Platt and Kathy Castor wanted to refer the item to the Counties Legal staff to develop an ordinance similar to the one in Polk and Pinellas Counties and refer it back to the Board for approval. After some discussion the Commissioners voted to refer the issue to staff to develop more information and to bring it back to the Commission at a later date.
The vote was 4-3, with Commissioners Norman, Hagen, Storms and Scott voting to delay immediate development of an ordinance patterned after those currently in existence. This is a shame, as the ordinance in Polk County has been in effect for about 10 years and has passed legal challenges.

It is our understanding the following counties have enacted ordinances that restrict the sale of fireworks to only those individuals who "prove" they are exempt from the State Statute:
Pinellas, Polk, Sarasota, Manatee, Oranga,Brevard and Broward.

Good News

The Pinellas County Ordinance was challenged in Court by the fireworks industry. The Judge ruled the Ordinance is legal and constitutional.. It is anticipated the industry will appeal.
The Judge refused to grant an injunction against the ordinance, which makes some people feel the Judge feels his ruling will stand up in an appeal.

Good news --- A judge in Polk County in 2003 has ruled that the use of the "verification" form by a seller of fireworks that are banned under State Statute 791 is a "sham" and has found the seller guilty of violating State Statute 791.

1/14/05
Great news:
Good news
The Pinellas County fireworks ordinance has been upheld. The fireworks industry had appealed the decision rendered by the Pinellas County Court and in a decision released today the Second District Court of Appeal ruled the ordinance was not in conflict with the State Statute. (State Statute 791).
This is great news as we understand there are a number of other counties that have been waiting on this decision before proceeding with a Pinellas County type ordinance in their county.
According to a newspaper article there are 10 counties and an estimated 65 cities in Florida that have now enacted ordinances providing for stricter enforcement of fireworks and sparkler sales.
We do not know when our Hillsborough County commissioners will address the problem, but, please keep putting pressure on them to pass an ordinance in our county by calling, writing and e-mailing each commissioner. If they do not take action Hillsborough County is going to become the fireworks capitol in Florida.

Flash - Norman, Storms, Hagan and Scott kill the ordinance

BAD NEWS 12/4/03
The BOCC voted 4-3 not to enact a county ordinance. Instead they voted to refer the issue to the State Legislature to strengthen the State Law.
This was a big dissappointment and many of us feel the Commissioners "turned their back" on the thousands of citizens represented by the 175 neighborhood associations that supported an ordinance. The commissioners that would not support an ordinance were NORMAN, HAGAN, STORMS and SCOTT. Each had very weak reasons for not supporting the ordinance.
We express our thanks to Commissioners FRANK, PLATT and CASTOR for their support. We miss them on the County Commission. Kathy Castor is now a Congressional Representative, Pat Frank was elected Clerk of the Circuit Court and Jan Platt has retired after many years of public service.
The fight is not over. We are scheduled on the agenda of the Hillsborough County Delagation meeting on December 17th to request the State Legislature move as quickly as possible to revise Statute 791 and specifically state in the Statute that local fire marshalls may issue permits to those truly eligible to purchase fireworks.
We will keep this web site updated as changes occur.