64E-5.204. Types of Licenses

Licenses for radioactive materials are of two types: general and specific.

(1) Some general licenses provided in this part may be effective without the filing of applications with the department or the issuance of licensing documents to the particular persons, although the filing of a certificate with the department for general licenses pursuant to subsection 64E-5.206(7) or (8), F.A.C., shall be required of the particular general licensee prior to the receipt of radioactive material and the department requires registration of certain general licenses described in subsection 64E-5.206(4), F.A.C. The payment of a fee is also required by all persons possessing general licensed material described in paragraph (1)(c), below. The general licensee is subject to all other applicable portions of these regulations and any limitations of the general license.

(a) The annual registration fee set forth in this section for general licenses shall be payable every July 1, for as long as the license remains in effect.

(b) The annual fee for a general license set forth in Rule 64E-5.216, F.A.C., under reciprocal agreement shall be paid before the first entrance into the state and on each anniversary date thereafter, if applicable. Manufacturers, manufacturer’s representatives, distributors, and waste treatment, storage or disposal companies servicing Florida radioactive materials license applicants or licensees are not exempt from this fee.

(c) Payment of the indicated annual fee pursuant to paragraph (1)(a), above, is required for the following types of devices held or activities performed under a general license:

1. Static elimination devices as described in paragraph 64E-5.206(1)(a), F.A.C.	$30.00 per unit
2. Measuring, gauging, and control devices as described in subsection 64E-5.206(4), F.A.C.	$30.00 per unit
3. In Vivo testing as described in subsection 64E-5.206(7), F.A.C.	$150.00 per license
4. In Vitro testing as described in subsection 64E-5.206(8), F.A.C.	$150.00 per license
5. Depleted uranium as described in subsection 64E-5.205(4), F.A.C.	$150.00 per license

(d) Those persons who hold a specific license from the U.S. Nuclear Regulatory Commission, an Agreement State or Licensing State and conduct activities under a reciprocal agreement with this State shall meet the requirements of subsection 64E-5.216(1), F.A.C., and pay the annual fee as specified in paragraph (2)(e), below.

(2) Specific licenses require the submission of an application to the Department and the issuance of a licensing document by the Department. The licensee is subject to all applicable portions of these regulations as well as any limitations specified in the licensing document. The licensee is subject to the payment of fees as authorized under Section 404.131, F.S., and as outlined below:

(a) The requirements of this part apply to a person who is an applicant for, or holder of a specific radioactive materials license issued pursuant to Subpart C, and for a special review of safety designs of sealed sources and devices, whether or not in conjunction with a license application on file or which may be filed.

(b) All communications concerning the requirements of this part should be addressed to or delivered in person to the Department of Health, Bureau of Radiation Control, 4052 Bald Cypress Way, Bin C21, Tallahassee, Florida 32399-1741.

(c) No additional fees shall be required for amendments to licenses.

(d) Payment of fees.

1. Application fees. Each application for a specific license for which a fee is prescribed shall be accompanied by a remittance in the full amount of the fee. No application will be processed prior to payment of the fee specified herein. The application fee is not refundable except in those cases where the Department has determined that a license is not required. The Department will consider any application abandoned if the Department does not receive a reply within 90 days to its most recent request for additional information. In such cases, the applicant must submit a new application with the application fee specified herein.

2. Annual fees. All current specific licenses that were in effect on January 1, 1979, are subject to payment of the annual fee prescribed herein and on every January 1, thereafter, as long as the license remains in effect. All specific licenses issued after January 1, 1979, are subject to payment of the annual fee specified in this section within 60 days of issuance of the license and on each anniversary date thereafter. The annual fee is not refundable except in those cases where the Department has determined that the fee is not required.

3. Method of payment. Checks, drafts or money orders for payment of fees shall be payable to DOH, Office of Radiation Control; and sent to: Department of Health, Bureau of Radiation Control, 4052 Bald Cypress Way, Bin C21, Tallahassee, Florida 32399-1741.

(e) Below is the schedule of fees for specific radioactive materials licenses:

	Application	Annual
	Fee	Fee
1. Source Material:
a. Licenses for concentration of uranium from phosphate ores for the production of uranium as “yellow cake” or powdered solid;	$8,288	$14,330
b. Licenses for concentration of uranium from phosphate ores for the production of “green cake” or equivalent, moist or solid;	$4,522	$8,927
c. All other specific source material licenses excluding depleted uranium used as shielding and counterweights.	$653	$275
2. Special Nuclear Material (SNM):
a. Licenses for use of SNM in sealed sources contained in devices used in measuring systems;	$784	$622
b. Licenses for use of SNM not sufficient to form a critical mass, except as in paragraph 2.a., above, and paragraphs 2.c. and 5.e., below;	$1,608	$2,333
c. Licenses for use of SNM to be used as calibration and reference sources.	$246	$131
3. Byproduct, naturally occurring or accelerator produced material:
a. Licenses for processing or manufacturing for commercial distribution or industrial uses;	$3,508	$3,362
b. Licenses for processing or manufacturing and distribution of radiopharmaceuticals. This category includes radiopharmacies;	$3,072	$4,608
c. Licenses for industrial radiography performed only in an approved shielded radiography installation;	$1,870	$2,593
d. Licenses for industrial radiography performed only at the address indicated in the license, or at temporary job sites of the licensee;	$1,972	$3,188
e. Licenses for possession and use of radioactive materials in sealed sources for irradiation of materials where the source is not removed from the shield and is less than 10,000 curies;	$726	$726
f.(I) Licenses for possession and use of radioactive materials in sealed sources for irradiation of materials when the source is not removed from the shield and is greater  than 10,000 curies and less than 100,000 curies, or where the source is less than 100,000 curies and is removed from the shield;	$1,697	$1,956
(II) Licenses for possession and use of radioactive materials in sealed sources for irradiation of materials when the source is equal to or greater than 100,000 curies and less than 1,000,000 curies;	$4,391	$4,753
(III) Licenses for possession and use of radioactive materials in sealed sources for irradiation of materials when the source is equal to or greater than 1,000,000 curies;	$11,736	$5,278
g. Licenses issued to distribute items containing radioactive materials to persons under a general license;	$1,972	$2,580
h. Fixed gauging devices;	$726	$1,159
i. Well logging;
(I) Sealed sources or sub-surface tracer studies;	$1,362	$1,798
(II) Sub-surface tracer studies and sealed sources;	$1,723	$1,913
j. Nuclear laundry;	$3,840	$6,781
k. Industrial or medical research and development;	$1,421	$1,769
l.(I) Portable gauging devices;	$726	$1,159
(II) In Vitro and clinical laboratory;	$870	$1,102
(III) Academic;	$1,174	$1,405
(IV) Possession of uranium or thorium, or their decay products, as a result of mining or processing;	$1,174	$1,044
(V) All other specific licenses except as otherwise noted;	$870	$1,202
m. Licenses of broad scope;
(I) Academic;	$3,840	$8,815
(II) Medical;	$3,840	$6,569
(III) Industrial or Research and Development;	$3,840	$5,482
n. Gas chromatography devices;	$521	$377
o. Reference or calibration sources equal to or less than 1 millicurie total;	$377	$158
p. Nuclear service licenses, such as, leak testing, instrument calibration, etc.	$622	$492
4. Waste disposal or processing:
a. Commercial waste disposal or treatment facilities, including burial or incineration;	$331,010	$300,666
b. All other commercial facilities involving compaction, repackaging, storage or transfer;	$32,501	$29,965
c. Commercial treatment of radioactive materials for release to unrestricted areas.	$6,913	$6,882
5. Medical use:
a.(I) Teletherapy or gamma stereotactic radiosurgery including gamma knife devices;	$1,838	$1,791
(II) High, medium, low or pulsed dose rate remote afterloader devices;	$1,697	$1,654
(III) High, medium, low or pulsed dose rate remote afterloader devices and gamma stereotactic radiosurgery including gamma knife devices or teletherapy devices;	$1,838	$1,791
b. Medical institutions, including hospitals, except category 5.a.(I), 5.a.(II), 5.a.(III), 5.e. and 5.f.;	$1,972	$2,290
c. Private practice physicians except category 5.a.(I), 5.a.(II), 5.a.(III), 5.d. and 5.f.;	$1,421	$1,608
d. Private practice physicians using only strontium 90 eye applicators, or materials authorized by Rule 64E-5.630, F.A.C., or materials authorized by Rule 64E-5.631, F.A.C.;	$726	$898
e. Nuclear powered pacemakers;	$521	$319
f.(I) Mobile nuclear medicine services.	$1,697	$1,950
(II) Mobile high, medium, low or pulsed dose rate remote afterloader device when the treatment is only performed on the mobile vehicle.	$2,970	$3,308
6. Civil defense.	$653	$985
7. Device, product, or sealed source safety evaluation:
a. Safety evaluation of devices or products containing radioactive material, except reactor fuel devices, for commercial distribution or in accordance with the unique specifications of, and for use by, a single applicant; per device remaining in active status.  Devices or products in inactive status more than 5 years must submit another application fee and be re-evaluated;	$4,500	$2,570
b. Safety evaluation of sealed sources containing radioactive material, for commercial distribution or in accordance with the unique specifications of, and for use by, a single applicant; per source remaining in active status. Sources in inactive status more than 5 years must submit another application fee and be re-evaluated.	$2,400	$2,900

Rulemaking Authority 404.051, 404.061, 404.131 FS. Law Implemented 404.031, 404.051, 404.061, 404.131, 404.141 FS. History–New 7-17-85, Amended 9-9-90, 8-25-91, 5-12-93, 11-6-94, Formerly 10D-91.304, Amended 5-18-98, 9-28-06, 8-16-07, 12-26-13.