Read the full stored bill text
Florida Senate
-
2026
SB 1226
By
Senator Burgess
23-01543B-26 20261226__
1 A bill to be entitled
2 An act relating to refrigerant safety and agricultural
3 continuity; creating s. 604.74, F.S.; providing a
4 short title; providing legislative findings and
5 intent; defining terms; authorizing commercial and
6 agricultural food processing and cold chain industries
7 to continue to purchase, install, and service
8 equipment utilizing R-410A refrigerants through a
9 specified date; requiring the Department of
10 Agriculture and Consumer Services to maintain certain
11 records; requiring the department to provide an annual
12 report to the Legislature by a specified date;
13 providing requirements for the annual report;
14 providing immunity from liability for certain persons
15 and business entities; authorizing the department to
16 coordinate with certain entities for a specified
17 purpose; authorizing the department to adopt rules;
18 providing construction; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 604.74, Florida Statutes, is created to
23 read:
24
604.74
Refrigerant safety and agricultural continuity.—
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(1)
This section may be cited as the “Refrigerant Safety
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and Agricultural Continuity Act.”
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(2)
The Legislature finds that this state’s agricultural
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food processing and cold chain industries rely upon refrigerant
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systems that ensure product safety, temperature stability, and
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export reliability. The United States Environmental Protection
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Agency’s technology transition rule requires replacement of R
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410A refrigerants with A2L refrigerants, including R-454B
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refrigerants, beginning in calendar years 2025 and 2026. R-454B
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refrigerant is classified as a mildly flammable refrigerant and
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has not been fully tested or certified for all commercial and
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agricultural refrigerant applications, creating potential risk
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of fire, equipment failure, and insurance exclusion. A rapid
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transition to A2L refrigerants may impose substantial costs on
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this state’s agricultural food processing and cold chain
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industries with statewide economic impacts estimated in the
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billions of dollars. It is in the public interest to protect
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safety, food supply integrity, and small business continuity
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during the refrigerant transition period. It is the intent of
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the Legislature to ensure the safety, economic stability, and
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operational continuity of this state’s commercial and
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agricultural food processing and cold chain industries by
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authorizing the continued use of R-410A refrigerants until
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alternative refrigerants, such as R-454B refrigerants, are
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proven safe, fully certified, and supported by adequate
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equipment availability, workforce training, and insurance
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coverage.
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(3)
As used in this section, the term:
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(a)
“Agricultural refrigerant application” means any
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cooling or cold storage system used for
commercial and
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agricultural production or food processing, packaging, or
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transport.
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(b)
“A2L refrigerant” means any refrigerant classified as
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lower toxicity and mildly flammable under American Society of
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Heating, Refrigerating and Air-Conditioning Engineers Standard
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34.
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(c)
“Department” means the Department of Agriculture and
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Consumer Services.
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(4)
Notwithstanding any federal phase-down schedule or
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other conflicting law, this state’s commercial and agricultural
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food processing and cold chain industries may continue to
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purchase, install, and service equipment utilizing R-410A
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refrigerants through January 1, 2035, or as otherwise determined
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by the Legislature. The department shall maintain records of R
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410A equipment installations and coordinate with relevant
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federal agencies to ensure compliance with applicable reporting
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requirements.
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(5)
By January 1, 2027, and annually thereafter, the
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department, in consultation with the Department of Environmental
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Protection and the State Fire Marshal, shall provide a report to
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the President of the Senate and the Speaker of the House of
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Representatives on:
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(a)
Safety performance data for A2L refrigerants, including
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R-454B refrigerants.
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(b)
Availability of compliant equipment and certified
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technicians for statewide transition to A2L refrigerants.
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(c)
Insurance and liability standards applicable to A2L
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refrigerant systems.
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(d)
Recommendations regarding readiness for statewide
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transition to A2L refrigerants.
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(6)
A person or business entity operating in compliance
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with this section and using R-410A refrigerants may not be held
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liable solely for continued use of such refrigerants under any
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federal phase-down schedule until a state-certified safe
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alternative is fully available.
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(7)
The department may coordinate with Florida College
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System institutions, career centers, and industry trade
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associations to expand training and certification programs for
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the safe handling, installation, and servicing of A2L
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refrigerants.
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(8)
The department may adopt rules to implement this
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section.
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(9)
This section establishes the state’s enforcement
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discretion and safety timeline consistent with its interest in
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agriculture and public safety and may not be construed to
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preempt or contravene the authority of the United States
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Environmental Protection Agency.
102 Section 2. This act shall take effect July 1, 2026.