eLaws of Florida

  SECTION 403.0625. Environmental laboratory certification; water quality tests conducted by a certified laboratory.  


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  • 1(1) 2To assure the acceptable quality, reliability, and validity of testing results, the department and the Department of Health shall jointly establish criteria for certification of laboratories that perform analyses of environmental samples that are not covered by the provisions in s. 43403.86344. The Department of Health shall have the responsibility for the operation and implementation of such laboratory certification. The Department of Health may charge and collect fees for the certification of such laboratories. The fee schedule shall be based on the number of analytical functions for which certification is sought. Such fees shall be sufficient to meet the costs incurred by the Department of Health in administering this program in coordination with the department. All fees collected pursuant to this section shall be deposited in a trust fund to be administered by the Department of Health and shall be used only for the purposes of this section.
    151(2) 152An environmental water quality test to determine the quality of the effluent of a domestic wastewater facility must be conducted by a laboratory certified under this section if such test results are to be submitted to the department or a local pollution control program pursuant to s. 199403.182200.
    201(3) 202The Department of Health may adopt and enforce rules to administer this section, including, but not limited to, definitions of terms, certified laboratory personnel requirements, sample collection methodology and proficiency testing, the format and frequency of reports, onsite inspections of laboratories, and quality assurance.
    246(4) 247The following acts constitute grounds for which the disciplinary actions specified in subsection (5) may be taken:
    264(a) 265Making false statements on an application or on any document associated with certification.
    278(b) 279Making consistent errors in analyses or erroneous reporting.
    287(c) 288Permitting personnel who are not qualified, as required by rules of the Department of Health, to perform analyses.
    306(d) 307Falsifying the results of analyses.
    312(e) 313Failing to employ approved laboratory methods in performing analyses as outlined in rules of the Department of Health.
    331(f) 332Failing to properly maintain facilities and equipment according to the laboratory’s quality assurance plan.
    346(g) 347Failing to report analytical test results or maintain required records of test results as outlined in rules of the Department of Health.
    369(h) 370Failing to participate successfully in a performance evaluation program approved by the Department of Health.
    385(i) 386Violating any provision of this section or of the rules adopted under this section.
    400(j) 401Falsely advertising services or credentials.
    406(k) 407Failing to pay fees for initial certification or renewal certification or to pay inspection expenses incurred by the Department of Health.
    428(l) 429Failing to report any change of an item included in the initial or renewal certification application.
    445(m) 446Refusing to allow representatives of the department or the Department of Health to inspect a laboratory and its records during normal business hours.
    469(5) 470When the Department of Health finds any applicant or certificateholder guilty of any of the grounds set forth in subsection (4), it may enter an order imposing one or more of the following penalties:
    504(a) 505Denial of an application for certification.
    511(b) 512Revocation or suspension of certification.
    517(c) 518Imposition of an administrative fine not to exceed $1,000 for each count or separate offense.
    534(d) 535Issuance of a reprimand.
    539(e) 540Placement of the certification on probation for a period of time and subject to such conditions as the Department of Health specifies.
    562(f) 563Restricting the authorized scope of the certification.
    570(6) 571The certification program shall be governed by chapter 120.
History.-s. 7, ch. 85-269; s. 3, ch. 88-89; s. 358, ch. 94-356; s. 22, ch. 98-151.