Fla. Stat. § 404.011
Short title
This chapter shall be known and may be cited as the “Florida Radiation Protection Act.”
Florida Statutes Chapter 404 — RADIATION
Florida · statute · Fla. Stat. ch. 404 · 27 active provisions
Fla. Stat. § 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 radiati…
Fla. Stat. § 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 quanti…
Fla. Stat. § 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.
Fla. Stat. § 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…
Fla. Stat. § 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. In the establishment of such standards, the department shall c…
Fla. Stat. § 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 agreement as provided in sub…
Fla. Stat. § 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…
Fla. Stat. § 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 located that a…
Fla. Stat. § 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…
Fla. Stat. § 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 a…
Fla. Stat. § 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 eme…
Fla. Stat. § 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 rules promulgated hereu…
Fla. Stat. § 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 rad…
Fla. Stat. § 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, li…
Fla. Stat. § 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 r…
Fla. Stat. § 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 provid…
Fla. Stat. § 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.
Fla. Stat. § 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 di…
Fla. Stat. § 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 departmen…
Fla. Stat. § 404.163
Injunctive relief
Notwithstanding the existence or pursuit of any other remedy, the department may maintain an action in the name of the state for injunction or other process to enforce any provision of this chapter, rule promulgated hereunder, or term or condition of a license or registration issued by the department.
Fla. Stat. § 404.166
County or municipal regulation prohibited
Notwithstanding any special law or general law of local application to the contrary, a municipality or county may not elect to regulate the possession, use, or transportation of sources of radiation.
Fla. Stat. § 404.171
Construction
This chapter is cumulative and is intended to supplement existing laws, and no part shall be construed to repeal any existing law, specifically enacted for the protection of public health and safety, with the exception of those sections included in this chapter.
Fla. Stat. § 404.20
Transportation of radioactive materials
(1) The department shall adopt reasonable rules governing the transportation of radioactive materials which, in the judgment of the department, will promote the public health, safety, or welfare and protect the environment.(a) Such rules shall be limited to provisions for the packing, marking, loading, and handling of…
Fla. Stat. § 404.22
Radiation machines and components; inspection
(1) The department and its duly authorized agents may inspect in a lawful manner at all reasonable hours any hospital or other health care facility or other place in the state in which a radiation machine is installed for the purpose of determining whether the facility, the radiation machine and its components, the fil…
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