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Law ignites a fuse

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By STEVEN SOLOMON

Special to the Tribune

Published: June 28, 2009

When my wife was offered a job in Tampa in early 2007, we decided to take advantage of the two days she was given to make a decision to do some homework on the pros and cons of such a move from Silver Spring, Md.

No. 1 on the list didn't need to be researched. We knew the weather would be warmer than we were used to in the fall and winter in the Washington area. No snow or ice was definitely a plus.

No. 2 on the list had to be that Florida has no state income tax.

No. 3 was that smoking isn't allowed in restaurants.

And Nos. 4, 5, 6, 7, 8 and 9: an inexpensive higher education system, the theme parks, all that beautiful water in the bay, the beaches, a swimming pool in the backyard and lots and lots of baseball and football, too.

So, OK, a statewide ban on firecrackers just barely made the top 10 on our list. But I thought it was a plus, having grown up with pets and later on, young children, and knowing how loud explosions scare them.

Imagine our surprise when, after our first Memorial Day in Florida and continuing well past the Fourth of July, our otherwise quiet neighborhood sounded like the soundtrack to a CNN special on fighting in Mosul.

How could this be? I thought fireworks were illegal.

So I went online and looked it up. Yes, it's right there: Florida has a state law, Section 791.04 of Chapter 791, which specifically prohibits firecrackers, torpedoes, skyrockets, roman candles, bombs and any fireworks containing explosive or flammable compounds. A violation is a misdemeanor, with a maximum penalty of up to a year in jail or a $1,000 fine.

Why, then, are there stores all over the place selling fireworks? What am I missing?

"It has a little loophole," Fire Inspector Artie Taylor told me, practically winking, at the Hillsborough County Fire Rescue headquarters. "We just can't enforce it. It's out of control."

He explained that if you sign a waiver form saying you are in the agriculture business or run a fish hatchery, then you can buy whatever fireworks you want. The law also exempts people who work in mines or on a railroad.

"It's a touchy situation. It's a big business," he said. "A lot of money is involved."

Indeed. The Hillsborough County Sheriff's Office could find only three charges pertaining to fireworks:

•Fireworks in a county park

•Sale of fireworks

•Sale of unapproved sparklers

In the past five years, not a single person has been booked on any of those charges in Hillsborough County.

That can't be right. Fireworks are being sold all over the place, even from tents.

And I can see those sparklers burning at 1,800 degrees and hear fireworks going off in the parks. OK, so it's a don't-ask, don't-tell situation. But should I care?

Injuries are a big deal

"If you happen to be the one who loses a finger, it's a big deal," said David J. Ciesla, medical director of the regional trauma center at Tampa General Hospital. "And if you happen to lose an eye it's a big deal, especially if it happens to be a kid."

Ciesla told me that there are 10 to 20 fireworks-related injuries a year in the Tampa Bay area, and that even though 75 percent of the victims are treated and released, the others can have serious hand and finger injuries, burns or worse.

And animals are noticeably affected, too.

Bill Armstrong, Hillsborough County Animal Services director, says dogs in particular may be seriously stressed by the loud noises.

"They could escape and be very hard to catch because they've flipped into a mode where they don't know what's going on," he said.

Armstrong said it is not unusual for dogs so scared by fireworks - he calls them "scared witless" - to even bite their owner.

"I would prefer that fireworks be illegal," added Richard Paula, assistant director of Tampa General's emergency room. "Why are they for sale on Gandy Boulevard?"

Well, the answer goes back to those waivers. A blank copy I have is called a "Fireworks Verification Certificate," and the person who signs it acknowledges and agrees that they are at least 18, have reviewed the Florida fireworks statutes and that the seller is not responsible for any damages or injuries caused by improper or illegal use.

Does anyone ever ask to inspect all these waivers that are being collected and stored all across the county to see whether these fireworks buyers are really farmers, miners or railroad workers? No.

Task force review

There was an attempt to try to do something about this mess. The Florida Consumer Fireworks Task Force created by the Florida Legislature held meetings for four months in 2007-08 and recommended legalizing several types of exploding fireworks - with limits on combustible materials - for use by residents.

According to a Tampa Tribune article at the time, the task force recommended fines for violations by purchasers and sellers of fireworks, a requirement that only someone 18 or older could purchase and use fireworks, and suggested that the use of exploding ground and aerial devices be limited to twice a year - on certain hours from July 1 to 5, and on Dec. 31 until 1 a.m. Jan. 1.

Neither side was pleased. Opponents of fireworks pointed out that the eight-member task force included three members from the politically influential consumer fireworks industry.

The end result? The Legislature ignored the recommendations, and a moratorium was implemented to prevent local governments from passing any ordinance regulating fireworks, which remains in effect.

Meanwhile, people who use fireworks are free to take risks. They need to seriously evaluate those risks, too, against the big bangs they enjoy. And they need to think about the headaches they cause their neighbors and the fear they cause pets.

"When you're talking about deaths, one is too many," said Taylor, the fire inspector. "So maybe we do need to educate the public more."

I couldn't agree more.

Steven Solomon is an assistant in the Tribune's editorial department.

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