Fla. Admin. Code Ann. R. 64E-5.213 - Specific Terms and Conditions of License
(1) Each license issued pursuant to this part
shall be subject to all the provisions of the applicable laws, now or hereafter
in effect, and to all rules of the Department.
(2) No license issued or granted under this
part and no right to possess or utilize radioactive material granted by any
license issued pursuant to this part shall be transferred, assigned or in any
manner disposed of, either voluntarily or involuntarily, directly or
indirectly, through transfer of control to any person unless the Department,
after securing a completed specific license application and application fee
from the transferee, has issued a proper license in accordance with the
provisions of the Act.
(3)
(a) Each specific or general licensee shall
notify the Department in writing immediately following the filing of a
voluntary or involuntary petition for bankruptcy under any chapter of Title 11
(Bankruptcy) of the United States Code (U.S.C.) by or against:
1. The licensee,
2. An entity, as that term is defined in
11 U.S.C.
101(14), controlling the
licensee or listing the license or licensee as property of the estate,
or
3. An affiliate, as that term is
defined in 11 U.S.C.
101(2), of the
licensee.
(b) This
notification shall indicate the bankruptcy court in which the petition for
bankruptcy was filed and the date of the filing of the petition for
bankruptcy.
(4)
(a) Each person licensed by the Department
pursuant to this part shall confine use and possession of the material licensed
to the locations and purposes authorized in the license.
(b) Each person specifically licensed by the
Department shall maintain a fixed facility located within the state of
Florida.
(5) A separate
license is required for the following:
(a)
Each activity as designated by license category in paragraph
64E-5.204(2)(e),
F.A.C.
(b) Facilities for which one
or more of the following applies:
1. The
facilities are not contiguous,
2.
The facilities are not under a single radiation safety program, or
3. The facilities are not under the same
management.
4. Temporary job sites
lasting more than two years.
(c) Each facility operated by an out-of-state
licensee under reciprocity as specified in Rule
64E-5.216, F.A.C., and does not
meet the definition of a temporary job site.
(d) Each large irradiator as defined in Rule
64E-5.101,
F.A.C.
(6) A separate
license is not required for temporary job sites lasting less than two years or
for each facility that is authorized under a broad scope license.
(7) A licensee shall notify the department in
writing within 30 days after a radiation safety officer permanently
discontinues performance of radiation safety officer duties.
(8) A licensee shall apply and receive a
license amendment or Department approval:
(a)
Before using radioactive material for a method or type or use not permitted by
the license;
(b) Before permitting
anyone to use radioactive material as an authorized user as authorized by the
license;
(c) Before changing a
radiation safety officer;
(d)
Before ordering or receiving radioactive material in excess of the amount
authorized on the license;
(e)
Before adding to or changing the areas of use or address or addresses of use
identified in the application or on the license; and,
(f) Before changing statements,
representations, and procedures which are incorporated into the
license.
(g) Identifying all
sources or devices by manufacturer and model number as registered by the sealed
source and device registry or for sources or devices not registered by the
sealed source and device registry provide the information in subsection
64E-5.210(14),
F.A.C.
Notes
Rulemaking Authority 404.051, 404.061 FS. Law Implemented 404.051(1), (4), 404.061(2), (3), 404.141 FS.
New 7-17-85, Amended 4-4-89, 5-12-93, 8-29-94, Formerly 10D-91.314, Amended 5-18-98, 9-28-06, 2-11-10, 12-26-13.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Each license issued pursuant to this part shall be subject to all the provisions of the applicable laws, now or hereafter in effect, and to all rules of the Department.
(2) No license issued or granted under this part and no right to possess or utilize radioactive material granted by any license issued pursuant to this part shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control to any person unless the Department, after securing a completed specific license application and application fee from the transferee, has issued a proper license in accordance with the provisions of the Act.
(3)
(a) Each specific or general licensee shall notify the Department in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States Code (U.S.C.) by or against:
1. The licensee,
2. An entity, as that term is defined in 11 U.S.C. 101(14), controlling the licensee or listing the license or licensee as property of the estate, or
3. An affiliate, as that term is defined in 11 U.S.C. 101(2), of the licensee.
(b) This notification shall indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition for bankruptcy.
(4)
(a) Each person licensed by the Department pursuant to this part shall confine use and possession of the material licensed to the locations and purposes authorized in the license.
(b) Each person specifically licensed by the Department shall maintain a fixed facility located within the state of Florida.
(5) A separate license is required for the following:
(a) Each activity as designated by license category in paragraph 64E-5.204(2)(e), F.A.C.
(b) Facilities for which one or more of the following applies:
1. The facilities are not contiguous,
2. The facilities are not under a single radiation safety program, or
3. The facilities are not under the same management.
4. Temporary job sites lasting more than two years.
(c) Each facility operated by an out-of-state licensee under reciprocity as specified in Rule 64E-5.216, F.A.C., and does not meet the definition of a temporary job site.
(d) Each large irradiator as defined in Rule 64E-5.101, F.A.C.
(6) A separate license is not required for temporary job sites lasting less than two years or for each facility that is authorized under a broad scope license.
(7) A licensee shall notify the department in writing within 30 days after a radiation safety officer permanently discontinues performance of radiation safety officer duties.
(8) A licensee shall apply and receive a license amendment or Department approval:
(a) Before using radioactive material for a method or type or use not permitted by the license;
(b) Before permitting anyone to use radioactive material as an authorized user as authorized by the license;
(c) Before changing a radiation safety officer;
(d) Before ordering or receiving radioactive material in excess of the amount authorized on the license;
(e) Before adding to or changing the areas of use or address or addresses of use identified in the application or on the license; and,
(f) Before changing statements, representations, and procedures which are incorporated into the license.
(g) Identifying all sources or devices by manufacturer and model number as registered by the sealed source and device registry or for sources or devices not registered by the sealed source and device registry provide the information in subsection 64E-5.210(14), F.A.C.
Notes
Rulemaking Authority 404.051, 404.061 FS. Law Implemented 404.051(1), (4), 404.061(2), (3), 404.141 FS.
New 7-17-85, Amended 4-4-89, 5-12-93, 8-29-94, Formerly 10D-91.314, Amended 5-18-98, 9-28-06, 2-11-10, 12-26-13.