Fla. Admin. Code Ann. R. 64E-5.217 - Bonding of Persons Licensed Pursuant to Subpart II C
(1) Any applicant or licensee who is not exempt by the provisions of this subpart shall provide a performance bond.
(a) The bond shall be payable to the State of Florida and shall be in an amount determined by the Department as sufficient to provide for the protection of the environment and the public health and safety in the event of abandonment, insolvency or other inability of the licensee to meet the requirements of the Department. The Department shall use the Bond Risk Factors Calculation Worksheet - March 2014 which is herein incorporated by reference and which can be obtained from the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05470 or at http://www.floridahealth.gov/prevention-safety-and-wellness/radiation-control/, to determine the amount of the bond required for each applicant or licensee. The mathematical product of the risk factors will be the amount of the required bond in dollars. In the event that an applicant or licensee feels that the amount of the bond determined by the use of the applicable risk factors is inappropriate, he may submit evidence to the Department in support of a change to the amount. The Department shall determine whether the evidence supports the requested change in the amount.
(b) Licensees must provide the required bond within 90 days after being given notice by the Department of the requirements of a bond and its amount.
(c) The Department may re-evaluate, at any time, the adequacy of an existing bond or guaranty and may require an adjustment by either increasing or decreasing the amount required.
(d) A bond may be issued by a fidelity or surety company authorized to do business in the State of Florida or it may be a cash bond. The bond must initially provide for at least 24 months of coverage from the date of issuance and at no time thereafter shall the period of coverage be less than 12 months, for as long as the license remains in effect.
1. The bond must contain, without limitation, the following conditions:
a. The bond must be open-ended or, if written for a specific term, such as five years, must be renewed automatically unless 90 days or more prior to the renewal date, the issuer notifies the Department's Bureau of Radiation Control, the beneficiary, and the licensee of its intention not to renew;
b. The bond must provide that the full face amount be paid to the beneficiary automatically prior to the expiration without proof of forteiture if the licensee fails to provide replacement acceptable to the Department within 30 days after receipt of notification of cancellation; and,
c. The bond must be payable to the State of Florida;
2. The bond must remain in effect until the Department has terminated the license or the requirements of sub-subparagraph 64E-5.217(1)(d) 1.b., F.A.C., are met.
(e) The Department may order the bond to be forfeited if it finds any of the following:
1. The facility or site has been abandoned;
2. The licensee is insolvent; or
3. The licensee is unable to perform to the satisfaction of the Department.
(f) Upon determining that a bond shall be forfeited, the Department shall issue a notice to that effect.
(2) The following are exempt from the provisions of this subpart:
(a) Other governmental agencies;
(b) Licensees who are only authorized for possession or use of radioisotopes with a half-life less than or equal to 120 days.
(c) Any licensee whose mathematical product of the risk factors in the Bond Risk Factors Calculation Worksheet - March 2014, is less than or equal to 30,000.
(3) At the time of license application, license renewal and at intervals not to exceed 3 years, the applicant or licensee must submit the bonding determination described in subsection 64E-5.217(1), F.A.C., above, with adjustments as necessary to account for changes in chemical and physical form of radioactive material, radioisotopes authorized, their radiotoxicity and quantity, authorized licensed activities, actual costs and the potential costs of decontamination, treatment, or disposal of radioactive materials and contaminated equipment or facilities.
Rulemaking Authority 404.051, 404.061, 404.111, 404.141 FS. Law Implemented 404.051(1), (4), 404.061(2), 404.111, 404.141 FS.
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