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2016 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 554 BOILER SAFETY Entire Chapter
SECTION 115
Disciplinary proceedings.
F.S. 554.115
554.115 Disciplinary proceedings.—
(1) The department may suspend or revoke a certificate of compliance upon proof that:
(a) The certificate has been obtained by fraud or misrepresentation;
(b) The boiler for which the certificate was issued cannot be operated safely; or
(c) The person who received the certificate willfully or deliberately violated the State Boiler Code or ss. 554.1011-554.115 or any rule adopted pursuant to ss. 554.1011-554.115.
(2) The department may 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 ss. 554.1011-554.115 to inspect boilers; or
(c) The inspector:
1. Operated a boiler at a public assembly location without a valid certificate of compliance for that boiler;
2. Gave false or forged information to the department or to another boiler inspector for the purpose of obtaining a certificate of compliance;
3. Used a certificate of compliance for any boiler other than the boiler for which it was issued;
4. Operated a boiler for which the certificate of compliance has been suspended or revoked or has expired;
5. Inspected any boiler regulated under ss. 554.1011-554.115 without having obtained a valid certificate of competency;
6. Operated a boiler that is in an unsafe condition; or
7. Operated a boiler in a manner that is contrary to the requirements of this chapter or any rule adopted under this chapter.
(3) Each suspension of a certificate of compliance 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 and shown to be in a safe condition.
(4) A person in violation of this section who does not have a valid certificate of competency shall be reported by the chief inspector to the appropriate state attorney.
(5) A person in violation of this section who has a valid certificate of competency is subject to administrative action by the chief inspector.
(6) 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. A suspension of a certificate of compliance for any boiler safety violation continues in effect until the boiler has been inspected by an authorized inspector and shown to be in safe working condition.
History.—s. 15, ch. 87-361; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 2, ch. 2000-370.