The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 404
RADIATION

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F.S. 404.20

404.20 Transportation of radioactive materials.—

(1) The department shall adopt reasonable rules governing the transportation of radioactive materials which, in the judgment of the department, will promote the public health, safety, or welfare and protect the environment.

(a) Such rules shall be limited to provisions for the packing, marking, loading, and handling of radioactive materials, and the precautions necessary to determine whether the material when offered is in proper condition for transport, and shall include criteria for departmental approval of routes in this state which are to be used for the transportation of radioactive materials as defined in 49 C.F.R. s. 173.403(l)(1), (2), and (3) and (n)(4)(i), (ii), and (iii), and all radioactive materials shipments destined for treatment, storage, or disposal facilities as defined in the Southeast Interstate Low-Level Radioactive Waste Compact. The department may designate routes in the state to be used for the transportation of all other shipments of radioactive materials.

(b) Such rules shall be compatible with, but no less restrictive than, those established by the United States Nuclear Regulatory Commission, the United States Federal Aviation Administration, the United States Department of Transportation, the United States Coast Guard, or the United States Postal Service.

(2)(a) Rules adopted by the department pursuant to subsection (1) may be enforced, within their respective jurisdictions, by any authorized representative of the department, the Department of Highway Safety and Motor Vehicles, and the Department of Transportation.

(b) The department, through any authorized representative, is authorized to inspect any records of persons engaged in the transportation of radioactive materials when such records reasonably relate to the method or contents of packing, marking, loading, handling, or shipping of radioactive materials.

(c) The department, through any authorized representative, is authorized to enter upon and inspect the premises or vehicles of any person engaged in the transportation of radioactive materials, with or without a warrant, for the purpose of determining compliance with the provisions of this section and the rules promulgated hereunder.

(3)(a) All persons licensed by the department to use, manufacture, produce, transfer, transport, receive, acquire, own, process, or possess radioactive materials, as well as nuclear power plants licensed by the United States Nuclear Regulatory Commission, which desire to ship radioactive materials to a treatment, storage, or disposal facility as defined in the Southeast Interstate Low-Level Radioactive Waste Compact shall notify the department no less than 48 hours before the time of shipment.

(b) Upon notification from a department licensee or nuclear power plant licensee of the United States Nuclear Regulatory Commission, the department shall send an authorized representative to inspect each cargo of radioactive materials ready for shipment to a treatment, storage, or disposal facility as defined in the Southeast Interstate Low-Level Radioactive Waste Compact. Such inspection shall include, but not be limited to, the survey of the external radiation levels from the vehicle, inspection of package bracing, verification of required marking and placarding of the vehicle, and examination of shipping papers for completeness as required by the United States Department of Transportation in 49 C.F.R. part 172 and as required by the department.

(c) Such shipping papers shall contain information as required by 49 C.F.R. part 172 in addition to the expected time of shipment, the proposed route on which the shipment will proceed, and the time the shipment is scheduled to arrive at its final destination. The shipping papers shall be signed and approved by the department representative.

(4) A person who collects radioactive materials for transport from more than one department licensee or nuclear power plant licensee of the United States Nuclear Regulatory Commission shall prepare a special shipping paper reflecting consolidated shipments. A special shipping paper shall be a listing or index of all department licensees and nuclear power plant licensees of the United States Nuclear Regulatory Commission which are to be served. A special shipping paper shall include the time at which a transporter expects to arrive at each pickup point, a proposed route, and an expected time of arrival at a treatment, storage, or disposal facility. A special shipping paper shall be approved by a department representative at the initial pickup by the transporter of radioactive materials and checked by a department representative at succeeding pickup points.

(5) A department licensee or nuclear power plant licensee of the United States Nuclear Regulatory Commission shall, within 72 hours of receiving notice of the arrival of its shipment at a destination for unloading, notify the department of such arrival. Such licensee shall also forward to the department, within 2 weeks of receiving notice of the arrival of its shipment at a destination for unloading, records of receipt and any other records indicating that a shipment is in violation of applicable rules at a treatment, storage, or disposal facility.

(6) Any person desiring to transport radioactive materials into or through the borders of this state, destined to a treatment, storage, or disposal facility as defined in the Southeast Interstate Low-Level Radioactive Waste Compact, shall obtain a permit from the department to bring such materials into the state. A permit application shall contain the time at which such radioactive materials will enter the state; a description of the radioactive materials to be shipped; the proposed route over which such radioactive materials will be transported into the state; and, in the event that such radioactive materials will leave the state, the time at which that will occur.

(7) Upon a finding by the department that any provision of this section, or of the rules adopted hereunder, is being violated, it may issue an order requiring correction.

(8) The violation of any of the provisions of this section or the rules promulgated hereunder constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—ss. 1, 2, 3, 4, ch. 71-271; s. 97, ch. 77-147; s. 25, ch. 82-186; ss. 15, 18, ch. 84-190; s. 71, ch. 91-221; s. 76, ch. 91-224; s. 4, ch. 91-429; s. 60, ch. 97-237; s. 49, ch. 99-397; s. 47, ch. 2004-5.

Note.—Former s. 381.512.

F.S. 404.20 on Google Scholar

F.S. 404.20 on Casetext

Amendments to 404.20

Arrestable Offenses / Crimes under Fla. Stat. 404.20

Level: Degree
Misdemeanor/Felony: First/Second/Third

S404.20 - CONSERVATION-ENVIRONMENT - FAIL GIVE NOTICE OF SHIP RADIOACTIVE MATERIAL - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

PITTS, v. STATE, 263 So. 3d 834 (Fla. App. Ct. 2019)

. . . Ehrhardt, Florida Evidence § 404.20, at 346 (2017 ed.). . . .

UNITED STATES v. PRATT,, 704 F. App'x 420 (6th Cir. 2017)

. . . Weinstein, et al., Weinstein’s Federal , Evidence, § 404.20[2][c]). . . .

GROSS v. WEINSTEIN, WEINBURG FOX, LLC, LLC,, 123 F. Supp. 3d 575 (D. Del. 2015)

. . . to service— At the very least $742.18 of these charges were illegal fees under the Delta contract ($404.20 . . .

UNITED STATES v. C. DIMORA,, 843 F. Supp. 2d 799 (N.D. Ohio 2012)

. . . McLaughlin, Weinstein’s Federal Evidence § 404.20[2][c]). . . .

COOK, v. ROCKWELL INTERNATIONAL CORPORATION, 580 F. Supp. 2d 1071 (D. Colo. 2006)

. . . Berger, Weinstein’s Federal Evidence § 404.20[2][b] (2nd ed.2005) (collecting and summarizing cases). . . .

UNITED STATES v. McGLOWN,, 150 F. App'x 462 (6th Cir. 2005)

. . . McLaughlin, Weinstein’s Federal Evidence, § 404.20[2][c]. . . .

UNITED STATES v. W. COOPER, D. A., 286 F. Supp. 2d 1283 (D. Kan. 2003)

. . . Berger, Weinstein’s Federal Evidence § 404.20[2][b] (2nd ed.2003); see United States v. . . .

UNITED STATES v. OLENDER,, 338 F.3d 629 (6th Cir. 2003)

. . . Hardy, 228 F.3d 745, 748 (6th Cir.2000) (citing 2 Weinstein’s Federal Evidence § 404.20[2][c] and [d] . . .

UNITED STATES v. LONG,, 328 F.3d 655 (D.C. Cir. 2003)

. . . criminal nor unlawful if it is relevant to a consequential fact.” 2 Weinstein’s Federal Evidence § 404.20 . . .

UNITED STATES v. HARDY, 228 F.3d 745 (6th Cir. 2000)

. . . McLaughlin, Weinstein’s Federal Evidence, § 404.20[2][c], However, a review of Buchanan and Paulino, . . . Weinstein, supra at § 404.20[2][e] and [d]; United States v. . . .

W. VINICK, v. UNITED STATES,, 205 F.3d 1 (1st Cir. 2000)

. . . cocaine was admissible to prove knowledge and intent); see generally 2 Weinstein's Federal Evidence § 404.20 . . .

UNITED STATES v. V. DeLAURENTIS, 83 F. Supp. 2d 455 (D.N.J. 2000)

. . . Berger, Weinstein’s Federal Evidence, § 404.20[2][a] (Joseph M. . . .

UNITED STATES, v. ESCOBAR- DE JESUS,, 187 F.3d 148 (1st Cir. 1999)

. . . Berger, Weinstein’s Federal Evidence, § 404.20[3] (2d ed.1997). . . .

UNITED STATES v. BUTCH, 48 F. Supp. 2d 453 (D.N.J. 1999)

. . . Williams, 900 F.2d 823 (5th Cir. 1990)); see also 2 Weinstein’s Federal Evidence § 404.20[2][b] (Matthew . . . Rule 404(b) governs the admissibility of extrinsic evidence only.” 2 Weinstein’s Federal Evidence § 404.20 . . . Williams, 900 F.2d at 825 (citations omitted); see also 2 Weinstein’s Federal Evidence § 404.20[2][b] . . . See Gov. 404 Brief at 3; see also 2 Weinstein’s Federal Evidence § 404.20[2][b], Butch, however, contends . . .

C. ZESIGER, v. L. ZESIGER,, 14 F. Supp. 2d 314 (S.D.N.Y. 1998)

. . . or otherwise conveyed by him at a price per share in excess of a “formula price,” stipulated to be $404.20 . . . in 1990 alone or in total would not add up to a price per share that exceeds the formula price of $404.20 . . . Both amounts fall below the formula price of $404.20. . . . .

BAUCHMAN, BAUCHMAN, v. WEST HIGH SCHOOL Jo J. J. M. A. A. R. Jo M. B. C. Jr. C. C. H. R. Jr. R. Jr. C. U. S. A., 132 F.3d 542 (10th Cir. 1997)

. . . Weinstein’s Federal Evidence § 404.20[3] (Joseph M. McLaughlin ed., 2d ed.1997). . . .

SUBER, v. CHRYSLER CORPORATION v. KONTINENTAL KOACHES, INC. a k a d b a, 104 F.3d 578 (3d Cir. 1997)

. . . In this case, if $41,-404.20 is multiplied by 3,355 (the mileage at the time of the first suspension . . .

CUTTING v. UNITED STATES, 26 F. Supp. 586 (E.D.N.Y. 1939)

. . . letter it was stated that since the decedent had not returned Form 870 agreeing to the assessment of $1,-404.20 . . .