403.7186 Environmentally sound
management of mercury-containing devices and lamps.--
(1) DEFINITIONS.--For the purposes of this section, unless
the context otherwise requires, the term:
(a) "Department" means the Department of Environmental
(b) "Mercury-containing device" means any electrical
product, or other device, excluding batteries and lamps, that is
determined by the department as proven to release mercury into the
(c) "Reclamation facility" means a site where equipment is
used to recapture mercury from mercury-containing devices and lamps
for the purpose of recycling the mercury. The term does not include
those facilities that process mercury-containing devices and lamps
that are manufactured at the facility and that have not been sold or
(d) "Lamp" means any type of high or low pressure lighting
device which contains mercury and generates light through the
discharge of electricity either directly or through a fluorescing
coating. The term lamp includes, but is not limited to, fluorescent
lamps, mercury lamps, metal halide lamps, and high pressure sodium
lamps. The term excludes mercury-containing lamps used in
residential applications and disposed of as part of ordinary
(e) "Spent mercury-containing lamp" or "spent lamp" means a
lamp for which mercury is required for its operation that has been
used and removed from service and that is to be discarded.
(2) PROHIBITION ON INCINERATION OR DISPOSAL OF
MERCURY-CONTAINING DEVICES.--Mercury-containing devices may not be
disposed of or incinerated in any manner prohibited by this section
or by the rules of the department promulgated under this section. If
the secretary of the department determines that sufficient recycling
capacity exists to recycle mercury-containing devices generated in
the state, the secretary may, by rule, designate regions of the
state in which a person shall not place such a device that was
purchased for use or used by a government agency or an industrial or
commercial facility in a mixed solid waste stream. A
mercury-containing device shall not knowingly be incinerated or
disposed of in a landfill.
(3) PROHIBITION ON INCINERATION OF SPENT LAMPS.--Spent
mercury-containing lamps shall not knowingly be incinerated in any
municipal or other incinerator. This subsection shall not apply to
incinerators that are permitted to operate under state or federal
hazardous waste regulations.
(4) WASTE MANAGEMENT REQUIREMENT FOR SPENT LAMPS.--
(a) Any person owning or operating an industrial,
institutional, or commercial facility in this state or providing
outdoor lighting for public places in this state, including streets
and highways, that disposes of more than 10 spent lamps per month
shall arrange for disposal of such lamps in permitted lined
landfills or at appropriately permitted reclamation facilities.
(b) The department may, by rule, designate regions of the
state wherein any person owning or operating an industrial,
institutional, or commercial facility in such a designated region,
or providing lighting for public places in such designated region,
including streets and highways, that disposes of more than 10 spent
lamps per month shall arrange for disposal of such lamps at
appropriately permitted reclamation facilities; provided, however,
that before such rule is adopted, the secretary of the department
first determines that appropriately permitted reclamation facilities
are reasonably available and afford sufficient recycling capacity.
(5) MERCURY RECYCLING PROGRAM FUNDS.--
(a) Moneys received, as provided in this section, shall be
deposited into the Solid Waste Management Trust Fund and shall be
accounted for separately within the fund, to be used upon
appropriation in the following manner:
1. To provide grants to local governments and other public
and private entities to develop and operate mercury recycling
programs. It is the intent of the Legislature that adequate funding
continue to be available for such programs.
2. To fund the research of mercury in the environment by
the Governor's Mercury Task Force.
3. To provide funding for the public service information
and other requirements of subsection (7).
4. For administrative costs and other authorized expenses
necessary to carry out the responsibilities of this section.
(b) Grants, moneys, or gifts from public or private
agencies or entities shall be deposited into the fund and used for
activities related to mercury or mercury recycling as specified in
(6) DEPARTMENT RULES.--The department shall adopt rules to
carry out the provisions of this section. Such rules shall:
(a) Provide the criteria and procedures for obtaining a
reclamation facility permit, the fee for which may not exceed $2,000
(b) Set standards for reclamation facilities and associated
collection centers and set standards for the storage of
mercury-containing devices and spent lamps at collection centers.
(7) PUBLIC SERVICE INFORMATION AND WARNING SIGNS.--As funds
become available, the department shall inform the public about the
provisions of this section and about the dangers of mercury
contamination in game and fish by:
(a) Posting warning signs at contaminated areas and
wherever boaters or hunters regularly embark to reach such areas.
(b) Distributing informational materials at tackle shops
and other places where fishing and hunting licenses are sold.
(c) Distributing, in primary and secondary schools within
the state, informational materials relating to recycling of
mercury-containing devices and spent lamps.
(d) Informational materials discussing either the use of
mercury in lamps or the provisions of this act concerning
reclamation and disposal of spent lamps, including the prohibition
on incineration. The materials shall also disclose that the energy
efficiency of lamps, compared to other types of lighting, results in
reduced emissions of sulfur dioxide, carbon dioxide, and other
pollutants, including mercury, from fossil-fuel-fired generating
facilities and results in benefits recognized by the state in its
Green Lights relamping project.
(8) CIVIL PENALTY.--A person who engages in any act or
practice declared in this section to be prohibited or unlawful, or
who violates any of the rules of the department promulgated under
this section, is liable to the state for any damage caused and for
civil penalties in accordance with s. 403.141.
The provisions of s. 403.161
are not applicable to this section. The penalty may be waived if the
person previously has taken appropriate corrective action to remedy
the actual damages, if any, caused by the unlawful act or practice
or rule violation. A civil penalty so collected shall accrue to the
state and shall be deposited as received into the Solid Waste
Management Trust Fund for the purposes specified in paragraph
History.--s. 55, ch. 93-207; s. 404, ch. 94-356; s. 2, ch.
97-98; s. 24, ch. 2000-211.