Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.217 - Bonding of Persons Licensed Pursuant to Subpart II C

Current through Reg. 50, No. 138; July 16, 2024
(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 forfeiture 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.