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Florida Statute 483.823 | Lawyer Caselaw & Research
F.S. 483.823 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 483.823

The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 483
HEALTH TESTING SERVICES
View Entire Chapter
F.S. 483.823
483.823 Qualifications of clinical laboratory personnel.
(1) The board shall prescribe minimal qualifications for clinical laboratory personnel and shall issue a license to any person who meets the minimum qualifications and who demonstrates that she or he possesses the character, training, and ability to qualify in those areas for which the license is sought.
(2) Personnel qualifications may require appropriate education, training, or experience or the passing of an examination in appropriate subjects or any combination of these, but a practitioner of the healing arts licensed to practice in this state is not required to obtain any license or to pay any fee under this part.
History.s. 32, ch. 92-58; s. 444, ch. 97-103; s. 168, ch. 97-264; s. 102, ch. 2018-24.

F.S. 483.823 on Google Scholar

F.S. 483.823 on Casetext

Amendments to 483.823


Arrestable Offenses / Crimes under Fla. Stat. 483.823
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 483.823.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Nor does it appear that the rules are inconsistent with the enabling legislation. Florida Statutes section 483.811(2) authorizes Appellant to establish "rules for training programs, including, but not limited to, rules relating to curriculum, educational objectives, evaluation procedures, personnel licensure requirements, preentry educational requirements, and length of clinical training." Florida Statutes section 483.823(1) provides that the agency "shall prescribe minimal qualifications for clinical laboratory personnel and shall issue a license to any person who meets the minimal qualifications and who demonstrates that she or he possesses the character, training, and ability to qualify in those areas for which the license is sought." While the enabling statutes authorize Appellant to establish educational and training requirements for licensure, the Legislature conspicuously did not prohibit the agency from setting more rigorous requirements than those set by federal law. Thus, even if the proposed rules exceed federal licensure requirements, Appellant has not violated the Florida enabling statutes.
    PAGE 319
  2. State A. F. H.C. A. v. Fl. C., P.L.O

    718 So. 2d 869 (Fla. Dist. Ct. App. 1998)   Cited 1 times
    In the instant case, the ALJ did not find that the proposed rules exceeded the particular powers delegated the agency by the enabling legislation. Indeed, he could not so find. This court in Board of Clinical Laboratory Personnel v. Florida Ass'n of Blood Banks, No. 97-1540 (Fla. 1st DCA Aug. 3, 1998), extensively reviewed the proposed rules there, many of which overlap those challenged below, and, after comparing them with the laws they were designed to implement, concluded that they did not exceed the scope of the powers conferred. Among other things, we pointed out that section 483.811(2), Florida Statutes (1995), authorizes the Board to establish "rules for training programs, including . . . personnel licensure requirements." Additionally, section 483.823( 1), Florida Statutes (1995), permits the Board to "prescribe minimal qualifications for clinical laboratory personnel and shall issue a license to any person who meets the minimum qualifications." Clearly, the changes effected by the proposed rules for the licensing of such personnel fall "within the range of powers the Legislature has granted to the agency for the purpose of enforcing or implementing the statutes…

Cases from cite.case.law:

AGENCY FOR HEALTH CARE ADMINISTRATION, BOARD OF CLINICAL LABORATORY PERSONNEL, v. FLORIDA COALITION OF PROFESSIONAL LABORATORY ORGANIZATIONS, INC., 718 So. 2d 869 (Fla. Dist. Ct. App. 1998)

. . . Additionally, section 483.823(1), Florida Statutes (1995), permits the Board to “prescribe minimal qualifications . . .

BOARD OF CLINICAL LABORATORY PERSONNEL, v. FLORIDA ASSOCIATION OF BLOOD BANKS,, 721 So. 2d 317 (Fla. Dist. Ct. App. 1998)

. . . Florida Statutes section 483.823(1) provides that the agency “shall prescribe minimal qualifications . . .