The Florida Senate

325.223  Training and certification requirements; sale of refrigerants; penalties; fees.--

(1)  No establishment that installs or services motor vehicle air conditioners or that, in the course of doing collision repair or changing parts of or salvaging or dismantling motor vehicles, releases or may release refrigerants shall perform that activity without the use of approved refrigerant recycling equipment. Such establishments may not intentionally vent or dispose of refrigerants into the atmosphere. Each establishment shall have mechanics, trained in the proper operation and maintenance of refrigerant recycling equipment and in the proper procedures for recovering and recycling used refrigerants from motor vehicle air conditioners, performing or supervising these services at all times. Each establishment must maintain records relating to motor vehicle air conditioner service and to the purchase, recycling, and reclamation of motor vehicle air conditioner refrigerants.

(2)  The Department of Environmental Protection shall establish and administer a program to ensure the installation and proper use of refrigerant recycling equipment and to certify establishments and persons who are trained in the use of that equipment. All applicants for certification for the operation of approved refrigerant recycling equipment shall be required to obtain a compliance certificate from the department.

(3)  On and after June 1, 1992, a person may not sell or distribute, or offer for sale or distribution, any refrigerant unless the refrigerant meets the Air Conditioning and Refrigeration Institute (ARI) Standard of Purity 700-88. This subsection does not apply to the sale of any refrigerant attendant to the installation or servicing of a motor vehicle air conditioner by a certified establishment, if the establishment has recovered and recycled the refrigerant using proper procedures for recovering and recycling used refrigerants, nor does it apply to the sale of used refrigerants for reclamation only.

(4)  On and after November 15, 1992, a person may not sell or distribute any refrigerant, except refrigerants sold by a certified establishment attendant to the installation or servicing of a motor vehicle air conditioner or used refrigerant sold for reclamation only, unless the seller obtains documentation from the purchaser that the purchaser of the refrigerant:

(a)  Is a certified establishment under subsection (2); or

(b)  Is purchasing the refrigerant for resale to a certified establishment only.

(5)  A person who commits a violation of subsection (1), subsection (3), or subsection (4) is liable for a civil penalty of $100 per incident, not to exceed a total of $1,000 per day. The department shall enforce this section pursuant to the civil enforcement authority of chapter 403.

(6)  Each establishment subject to the requirements of subsection (1) shall certify to the department that the establishment has acquired and is properly using approved refrigerant recycling equipment in any service on a motor vehicle air conditioner involving a refrigerant for the air conditioner and that each person authorized by the establishment to perform that service is properly trained and certified. Each certification shall contain the name and address of the establishment and shall be signed by the owner or authorized representative. Certifications may be made by submitting the required information to the department on a standard form provided by the department or the manufacturer of approved refrigerant recycling equipment.

(7)  The department shall establish appropriate fees for the issuance and annual or biennial renewal of certificates of compliance. In setting these fees, the department shall take into consideration the cost to the department of administering and enforcing this section, provided such fees shall not exceed $50 per annum.

(8)  In addition to any judicial or administrative remedy authorized by law, the department may assess a noncompliance fee for failure to comply with the certification requirements of subsections (7) and (8), or the rules adopted pursuant thereto. For a first or second violation of the certification requirements, the fee may not be assessed until the alleged violator has failed to comply following notice of noncompliance and has been given a reasonable time to comply. However, for a third or any subsequent violation, a violator shall be assessed the fee without prior notification. After notice of a first or second violation and failure to achieve compliance, a fee of $100 shall be assessed. For a third or subsequent violation, a fee of $250 shall be assessed.

History.--s. 3, ch. 90-290; s. 3, ch. 91-201; s. 8, ch. 91-305; s. 4, ch. 91-429; s. 15, ch. 92-132; s. 151, ch. 94-356; s. 48, ch. 2000-158.