404.011 – Short Title.

404.011 Short title.—This chapter shall be known and may be cited as the “Florida Radiation Protection Act.” History.—s. 1, ch. 78-373; s. 2, ch. 81-318; ss. 17, 18, ch. 84-190; s. 4, ch. 91-429. Note.—Former s. 290.011.

404.022 – Declaration of Policy.

404.022 Declaration of policy.—It is the responsibility of the State of Florida, for protection of the public health and safety: (1) To institute and maintain a program to permit development and utilization of sources of radiation for purposes consistent with the health and safety of the public. (2) To prevent any associated harmful effects of radiation upon the […]

404.031 – Definitions.

404.031 Definitions.—As used in this chapter, unless the context clearly indicates otherwise, the term: (1) “Agreement materials” means those materials licensed by the state, under agreement with the United States Nuclear Regulatory Commission or its successor agency, which include byproduct, source, or special nuclear materials in a quantity not sufficient to form a critical mass, as defined […]

404.042 – Designation of State Radiation Protection Agency.

404.042 Designation of state radiation protection agency.—The department is hereby designated the state agency to administer a statewide radiation protection program consistent with the provisions of this chapter. History.—s. 1, ch. 78-373; s. 2, ch. 81-318; ss. 4, 22, ch. 82-186; ss. 17, 18, ch. 84-190; s. 4, ch. 91-429. Note.—Former s. 290.041.

404.051 – Powers and Duties of the Department of Health.

404.051 Powers and duties of the Department of Health.—For protection of the public health and safety, the department is authorized to: (1) Develop comprehensive policies and programs for the evaluation, determination, and amelioration of hazards associated with the use, possession, or disposal of sources of ionizing radiation. Such policies and programs shall be developed with due regard […]

404.056 – Environmental Radiation Standards and Projects; Certification of Persons Performing Measurement or Mitigation Services; Mandatory Testing; Notification on Real Estate Documents; Rules.

404.056 Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules.— (1) STANDARDS.—To preserve and protect the public health, the department is authorized to establish, by rule, environmental radiation standards for buildings, and to conduct programs designed to reduce human exposure to such harmful environmental radiation. […]

404.061 – Licensing of Naturally Occurring, Accelerator-Produced, Byproduct, Source, and Special Nuclear Materials.

404.061 Licensing of naturally occurring, accelerator-produced, byproduct, source, and special nuclear materials.— (1) The Governor is authorized to enter into agreements with the Federal Government which provide for discontinuance of certain of the responsibilities of the Federal Government with respect to sources of ionizing radiation and the assumption thereof by this state. (2) Upon the signing of an […]

404.0614 – Licensing of Commercial Low-Level Radioactive Waste Management Facilities.

404.0614 Licensing of commercial low-level radioactive waste management facilities.— (1) Any person desiring to construct, operate, or close a commercial low-level radioactive waste management facility in this state shall file an application with the department for a commercial low-level radioactive waste management license. An application for a commercial low-level radioactive waste management license shall include, but not […]

404.0617 – Siting of Commercial Low-Level Radioactive Waste Management Facilities.

404.0617 Siting of commercial low-level radioactive waste management facilities.— (1) The department, within 30 days of receipt of a complete application for a commercial low-level radioactive waste management license, shall notify the governing body of each municipality or county within 3 miles of the proposed facility and the municipality and county in which the proposed facility is […]

404.071 – Inspection, Agreements, and Training Programs.

404.071 Inspection, agreements, and training programs.— (1) Authorized representatives of the department have the authority to enter upon any public or private property at all reasonable times for the purpose of determining compliance with or violation of the provisions of this chapter, the rules and standards adopted hereunder, and the terms and conditions of a license or […]

404.081 – Records.

404.081 Records.— (1) The department is authorized to require each person who possesses or uses a source of ionizing radiation to: (a) Maintain appropriate records relating to its receipt, storage, use, transfer, generation, treatment, or disposal and maintain such other records as the department may require, subject to such exemptions as may be provided by rule, and to […]

404.091 – Emergency Orders.

404.091 Emergency orders.—Whenever the department finds that an emergency exists which requires immediate action to protect the public health and safety or the environment, the department may, without notice or hearing, issue an order stating the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any […]

404.101 – Impounding of Sources of Radiation.

404.101 Impounding of sources of radiation.— (1) The department shall have the authority, in the event of an emergency, to impound or order the impounding of sources of ionizing radiation and the associated shielding in the possession of any person who is not equipped to observe, or who fails to observe, the provisions of this chapter, the […]

404.111 – Surety Requirements.

404.111 Surety requirements.— (1)(a) In addition to the fee provided in s. 404.131(2), the department may require a person possessing a specific license to post a bond. The department shall establish, by rule, bonding criteria. In establishing such bonding criteria, the department shall consider: 1. The chemical and physical form of the licensed radioactive material. 2. The quantity of […]

404.121 – Perpetual Care Trust Funds.

404.121 Perpetual care trust funds.— (1) The department may require a licensee to deposit funds quarterly into a trust fund known as the Perpetual Care Trust Fund when it is deemed that there is a reasonable possibility that the licensed facility may eventually cease to operate although still containing, or having associated with the facility property, licensable […]

404.122 – Radiation Protection Trust Fund.

404.122 Radiation Protection Trust Fund.— (1) The department may use the Radiation Protection Trust Fund to pay for measures to prevent or mitigate the adverse effects from a licensee’s abandonment of radioactive materials, default on lawful obligations, insolvency, or other inability to meet the requirements of the department or applicable state statutes or rules and to assure […]

404.131 – Fees.

404.131 Fees.— (1) The department is authorized to charge and collect reasonable fees for specific and general licenses and for the registration of radiation machines. The fees shall not exceed the estimated costs to the department of performing licensing, registration, inspection, and other regulatory duties. Unless otherwise provided by law, such fees shall be deposited to the […]

404.141 – Prohibited Uses.

404.141 Prohibited uses.—It is unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess any source of radiation unless licensed, registered, or exempted by the department in accordance with the provisions of this chapter and the rules adopted and promulgated hereunder. History.—s. 1, ch. 78-373; s. 2, ch. 81-318; ss. 14, […]

404.161 – Penalties.

404.161 Penalties.— (1) Any person who violates any of the provisions of this chapter or any rule promulgated hereunder is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person who interferes with, hinders, or opposes any agent, officer, or member of the department in the […]

404.162 – Administrative Penalties; Emergency Orders.

404.162 Administrative penalties; emergency orders.— (1)(a) The department may modify, deny, suspend, or revoke a license or a registration, or impose an administrative fine not to exceed $1,000 per violation per day, for the violation of any provision of this chapter, rule promulgated hereunder, or term or condition of any license or registration issued by the department. […]