Florida Statutes 554.115 – Disciplinary proceedings
Current as of: 2023 | Check for updates
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(1) The department may deny, refuse to renew, suspend, or revoke a certificate of operation upon proof that:
(a) The certificate has been obtained by fraud or misrepresentation;
Terms Used In Florida Statutes 554.115
- Authorized inspection agency: means :(a) Any county, municipality, town, or other governmental subdivision that has adopted into law the Boiler and Pressure Vessel Code of the A. See Florida Statutes 554.1021
- boiler: includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. See Florida Statutes 554.1021
- Certificate of competency: means a document issued to a person who has satisfied the minimum competency requirements for boiler inspectors under this chapter. See Florida Statutes 554.1021
- Certificate of operation: means a document issued to the owner of a boiler which authorizes the owner to operate the boiler, subject to any restrictions endorsed thereon. See Florida Statutes 554.1021
- Department: means the Department of Financial Services. See Florida Statutes 554.1021
- Fraud: Intentional deception resulting in injury to another.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) The boiler for which the certificate was issued cannot be operated safely;(c) The person who received the certificate willfully or deliberately violated the State Boiler Code, this chapter, or any other rule adopted pursuant to this chapter; or(d) The owner of a boiler:1. Operated a boiler at a public assembly location without a valid certificate of operation for that boiler;2. Used a certificate of operation for a boiler other than the boiler for which the certificate of operation was issued;3. Gave false or forged information to the department, to an authorized inspection agency, or to another boiler inspector for the purpose of obtaining a certificate of operation;4. Operated a boiler after the certificate of operation for the boiler expired, was not renewed, or was suspended or revoked;5. Operated a boiler that is in an unsafe condition; or6. Operated a boiler in a manner that is contrary to the requirements of this chapter or any rule adopted under this chapter.
(2) The department may deny, refuse to renew, suspend, or revoke a certificate of competency upon proof that:
(a) The certificate was obtained by fraud or misrepresentation;
(b) The inspector to whom the certificate was issued is no longer qualified under this chapter to inspect boilers; or
(c) The boiler inspector:
1. Gave false or forged information to the department, to an authorized inspection agency, or to another boiler inspector for the purpose of obtaining a certificate of operation; or
2. Inspected any boiler regulated under this chapter without having obtained a valid certificate of competency.
(3) Each suspension of a certificate of operation or certificate of competency shall continue in effect until all violations have been corrected and, for boiler safety violations, until the boiler has been inspected by an authorized inspector and shown to be in a safe working condition.
(4) A revocation of a certificate of competency is permanent, and a revoked certificate of competency may not be reinstated or a new certificate of competency issued to the same person. A suspension of a certificate of competency continues in effect until all violations have been corrected.