Florida Statutes 404.162 – Administrative penalties; emergency orders
Current as of: 2023 | Check for updates
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(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.
Terms Used In Florida Statutes 404.162
- Department: means the Department of Health. See Florida Statutes 404.031
- Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency, and further means any condition existing within or outside the jurisdictional confines of a facility licensed by the department and arising from byproduct material, source material, special nuclear materials, or other radioactive materials, which is endangering, or could reasonably be expected to endanger, the health and safety of the public or to contaminate the environment. See Florida Statutes 404.031
- Radiation: means ionizing radiation. See Florida Statutes 404.031
- Registration: means the registering of a radiation machine with the department in accordance with the rules promulgated pursuant to this chapter. See Florida Statutes 404.031
(b) In determining the amount of fine to be levied for a violation, as provided in paragraph (a), the following factors shall be considered:
1. The severity of the violation and the extent to which the provisions of this chapter, the rules promulgated hereunder, or any terms or conditions of any license or registration were violated.
2. Actions taken by the licensee or registrant to correct the violation.
3. Any previous violations by the licensee or registrant.
(c) All amounts collected pursuant to this section shall be deposited in the Radiation Protection Trust Fund.
(2) The department may issue an emergency order immediately suspending or revoking a license or a registration when it determines that any condition related to the license or registration presents a clear and present danger to public health or safety or the environment.