implied_consent fac 11d-8 active

11D-8.002, F.A.C.

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Copyright © 2004. State of Florida, Department of State.All Rights Reserved.

*** THIS DOCUMENT REFLECTS CHANGES RECEIVED THROUGH NOVEMBER 5, 2004 ***

TITLE 11 DEPARTMENT OF LAW ENFORCEMENT DIVISION OF LOCAL LAW ENFORCEMENT ASSISTANCE

CHAPTER 11D-8 IMPLIED CONSENT PROGRAM

11D-8.002, F.A.C.

11D-8.002 Definitions.

(1) Acceptable Range - means the results of agency or department inspections and dry gas standard analyses which fall within the following ranges at each alcohol vapor concentration: 0.05 g/210L range is 0.045 to 0.055 g/210L; 0.08 g/210L range is 0.075 to 0.085 g/210L; 0.20 g/210L range is 0.190 to 0.210 g/210L; or the Alcohol Reference Solution gas chromatographic results which fall within the following ranges: 0.0605 g/100mL range is 0.0586 to 0.0623 g/100mL; 0.0968 g/100 mL range is 0.0938 to 0.0997 g/100mL; 0.2420 g/100mL range is 0.2347 to 0.2492 g/100mL.

(2) Accuracy - the nearness of a measurement to a known concentration.

(3) Acetone Stock Solution - a mixture of acetone and distilled or deionized water provided by the Department.

(4) Agency - a law enforcement agency other than the Department, or an entity which conducts breath tests or submits blood samples for alcohol testing pursuant to these rules, or a civilian entity performing such duties on behalf of a law enforcement agency.

(5) Agency Inspection - the periodic testing of the calibration and operation of a breath test instrument, including all required preventive maintenance, in accordance with Rule 11D-8.006, F.A.C., and performed by a person authorized by the Department.

(6) Agency Inspector - a person who has been issued an Agency Inspector permit by the Department.

(7) Alcohol - ethyl alcohol, also known as ethanol.

(8) Alcohol Free Test - a result of 0.000 g/210L when using distilled or deionized water.

(9) Alcohol Reference Solution - a standard used to verify the calibration of a breath test instrument consisting of a mixture of alcohol and distilled or deionized water that will produce a known alcohol vapor concentration at a specific temperature.

(10) Analyst - a person who has been issued a Blood Analyst permit by the Department.

(11) Approved Blood Alcohol Test - the analyses of two separate portions of the same blood sample using a Department-approved blood alcohol test method and a Department-approved procedure, with results within 0.010 grams of alcohol per 100 milliliters of blood (g/100mL), and reported as the blood alcohol level.

(12) Approved Breath Alcohol Test - a minimum of two samples of breath collected within fifteen

11D-8.002, F.A.C. minutes of each other, analyzed using an approved breath test instrument, producing two results within 0.020 g/210L, and reported as the breath alcohol level. If the results of the first and second samples are more than 0.020 g/210L apart, a third sample shall be analyzed. Refusal or failure to provide the required number of valid breath samples constitutes a refusal to submit to the breath test. Notwithstanding the foregoing sentence, the result(s) obtained, if proved to be reliable, shall be acceptable as a valid breath alcohol level.

(13) Authorized Repair Facility - an entity authorized by the breath test instrument manufacturer to repair such breath test instrument.

(14) Blood - whole blood.

(15) Blood Alcohol Level - the alcohol concentration by weight in a person's blood based upon grams of alcohol per 100 milliliters of blood (g/100mL).

(16) Breath Alcohol Level - the alcohol concentration by weight in a person's breath based upon grams of alcohol per 210 liters of breath (g/210L).

(17) Breath Test Instructor - a person who has been issued a Breath Test Instructor Certification by the Criminal Justice Standards and Training Commission.

(18) Breath Test Operator - a person who has been issued a Breath Test Operator permit by the Department.

(19) Department - the Florida Department of Law Enforcement.

(20) Dry Gas Standard - a mixture of alcohol and gas which produces a known alcohol vapor concentration used to verify the calibration of a breath test instrument.

(21) Evidentiary Breath Test Instrument - a breath test instrument approved by the Department under Rule 11D-8.003, F.A.C., and used primarily to conduct alcohol breath tests pursuant to Florida law.

(22) Methods - types of alcohol analyses approved by the Department to conduct chemical or physical tests of blood or breath.

(23) Mouth Alcohol Solution - a mixture of alcohol and distilled or deionized water provided by the Department.

(24) Permit - when issued by the Department, certifies that the holder has met all necessary qualifications, remains in full compliance with these rules and is authorized to perform all related duties. A permit is issued only to a qualified applicant and remains valid and in full effect until determined otherwise by the Department. An inactive permit remains valid, but the permit holder is not authorized to perform duties related to the permit until satisfaction of the applicable requirements.

(25) Reference Sample Device - a device, also known as a simulator, that produces a known vapor concentration by the passage of air through a liquid.

(26) Target Concentration - a gas chromatographic result equivalent to the following known alcohol vapor concentrations of alcohol reference solution: for 0.05 g/210L the target concentration is 0.0605 g/100mL; for 0.08 g/210L the target concentration is 0.0968 g/100mL; for 0.20 g/210L the target concentration is 0.2420 g/100mL.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3), 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS.

HISTORY New 10-31-93, Amended 1-1-97, 7-6-99, 7-29-01, 11-5-02.

11D-8.003, F.A.C.

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11D-8.003, F.A.C.

11D-8.003 Approval of Breath Test Methods and Instruments.

(1) The Department has approved the following method(s) for evidentiary breath testing: Infrared Light Test, also known as Infrared Light Absorption Test.

(2) The Department has approved the following breath test instrument(s) for evidentiary use: CMI, Inc. Intoxilyzer 5000 Series - including any or all instruments using one of the following programs: 5000 Basic Software Program; Florida Software Program; R-Software Program; and CMI, Inc. Intoxilyzer 8000 using software approved by the Department in accordance with Instrument Evaluation Procedures FDLE/ATP Form 34 - Rev. March 2002.

(3) The Department has approved the following options for use with Intoxilyzer 5000 Series instruments: keyboard; simulator recirculation; sample capture; pressure switch setting at no less than two inches and no more than six inches of water.

(4) The determination to evaluate an evidentiary breath test instrument for use in the State of Florida will be made by the Department. Upon notification by the Department that an evidentiary breath test instrument will be evaluated, the instrument's manufacturer shall submit the following to the Department:

(a) The method of analysis upon which the instrument is based;

(b) The instrument's model designation;

(c) At least two (2) instruments for evaluation and a certificate of calibration for each instrument;

(d) A description of the instrument;

(e) The operator's/technician's manual;

(f) A schematic design and a mechanical drawing of the instrument;

(g) The instrument's maintenance manual, if published;

(h) Any accessories and materials necessary to use the instrument for breath testing;

(i) The maximum and minimum temperatures at which the instrument provides accurate results;

(j) The name and description of the software used.

(5) A manufacturer whose instrument has been previously approved by the Department shall notify the Department in writing prior to making any modification or adding a new option to such instrument. The

11D-8.003, F.A.C. Department shall evaluate such modifications or options to an approved breath test instrument and determine whether they affect the instrument's method of analysis or analytical reliability.

(6) The Department shall conduct evaluations for approval under subsections (4) and (5) in accordance with Instrument Evaluation Procedures FDLE/ATP Form 34 - Rev. March 2002.

(7) The availability or approval of new instruments, software, options or modifications does not negate the approval status of previously approved instruments, software, options or modifications.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS.

HISTORY New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02.

11D-8.0035, F.A.C.

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11D-8.0035, F.A.C.

11D-8.0035 Approval of Alcohol Reference Solution and Sources.

(1) The Department shall approve a source of alcohol reference solution for use by agencies in the State of Florida. The source approved by the Department shall be an entity that manufactures alcohol reference solutions and meets the following requirements:

(a) The source must prepare alcohol reference solution using only distilled or deionized water;

(b) The source must use reagent grade or U.S.P. grade ethanol in the preparation of the alcohol reference solution;

(c) The source must be capable of producing a minimum batch volume of 800 bottles, each containing at least 500 milliliters, to produce the following vapor alcohol concentrations: 0.05 g/210L, 0.08 g/210L, and 0.20 g/210L;

(d) The source must have performed and documented tests that demonstrate that the alcohol reference solutions are reliable for at least two years from the date of manufacture.

(2) The Department shall approve each lot of alcohol reference solution prior to distribution for use in Florida.

(a) The Department shall determine the alcohol concentration in a minimum of ten (10) sample bottles of each lot of alcohol reference solution using gas chromatography or other scientifically accepted method. Duplicate analyses will be performed on each sample bottle of alcohol reference solution. All analysis results shall fall within the alcohol reference solution acceptable range.

(b) The Department shall notify the source that the approved lots may be distributed for use in Florida, and shall issue a Certificate of Assurance, FDLE/ATP Form 32 - Rev. March 2001. Upon a determination by the Department that a lot of alcohol reference solution fails to meet the requirements for approval, the Department shall notify the source approved by the Department.

(3) Alcohol reference solution lots approved by the Department shall be used in agency or Department inspections within two (2) years of the date of manufacture.

(4) Approval analyses of alcohol reference solution lots shall be based on requirements and procedures in effect at the time such lots are submitted for approval. No post-approval analysis is required for previously approved alcohol reference solution lots.

11D-8.0035, F.A.C. AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS.

HISTORY New 7-6-99, Amended 7-29-01.

11D-8.0036, F.A.C.

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11D-8.0036, F.A.C.

11D-8.0036 Approval of Dry Gas Standards Source.

(1) The Department shall approve a source of dry gas standards for use by agencies in the State of Florida. The source approved by the Department shall be an entity that manufactures dry gas standards and meets the following requirements:

(a) The source must produce dry gas standards which comply with specifications of the National Institute of Standards and Technology.

(b) Each dry gas standard cylinder produced by the source must be certified by the source as to its contents and vapor alcohol concentration.

(c) The source must be capable of producing a minimum of 800 cylinders of dry gas standard during a thirty day period at a vapor alcohol concentration of 0.08 g/210L.

(d) The source must have performed and documented tests that demonstrate that the source's dry gas standards are reliable for at least two years from the date of manufacture.

(e) The Department shall verify using infrared spectroscopy or another scientifically accepted method the vapor alcohol concentration in a minimum of ten sample cylinders of dry gas standard produced by the source. Ten (10) analyses will be performed on each sample cylinder of dry gas standard using an approved breath test instrument. All analytical results must fall within the dry gas standard acceptable range. The calibration of the breath test instrument shall be verified prior to analysis of the dry gas standards by obtaining two results of alcohol reference solution concentrations of 0.05 g/210L, 0.08 g/210L, and 0.20 g/210L.

(2) Dry gas standard cylinders produced by the approved source must be used in agency or Department inspections within two years of the date of manufacture.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS.

HISTORY New 11-5-02.

11D-8.004, F.A.C.

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11D-8.004, F.A.C.

11D-8.004 Department Inspection and Registration of Breath Test Instruments.

(1) The Department shall register and inspect a breath test instrument prior to such instrument being initially placed into evidentiary use by an agency. The registration denotes an instrument approved pursuant to these rules and shall reflect the registration date, the owner of the instrument, the instrument serial number, the manufacturer, and the model designation. A new registration is required to reflect a change of ownership of an evidentiary instrument.

(2) Registered breath test instruments shall be inspected by the Department at least once each calendar year, and must be accessible to the Department for inspection.

(3) Department inspections shall be conducted in accordance with Department Inspection Procedures FDLE/ATP Form 35 - Rev. March 2002 for the Intoxilyzer 5000 Series, or Department Inspection Procedures - Intoxilyzer 8000 FDLE/ATP Form 36 - March 2002 for the Intoxilyzer 8000.

(4) Department Inspectors shall be employed by the Department to register evidentiary breath test instruments, to conduct inspections and maintenance of breath test instruments and related equipment and facilities, to conduct and monitor training classes, and to otherwise ensure compliance with Chapter 11D-8, F.A.C.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.354(3) FS.


11D-8.005, F.A.C.

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11D-8.005, F.A.C.

11D-8.005 Periodic Department Inspections of Breath Test Instruments. [Repealed 1-1-97]

AUTHORITY: Specific Authority 316.1932(1)(f)1., 322.63(3)(a), 327.352(1)(d) FS. Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.354(3) FS.

HISTORY New 10-31-93, Repealed 1-1-97.

11D-8.006, F.A.C.

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11D-8.006, F.A.C.

11D-8.006 Agency Inspection of Breath Test Instruments.

(1) Evidentiary breath test instruments shall be inspected by an agency inspector at least once each calendar month. The agency inspection shall be conducted in accordance with Agency Inspection Procedures FDLE/ATP Form 16 - Rev. March 2002 for theIntoxilyzer 5000 Series, or Agency Inspection Procedures - Intoxilyzer 8000 FDLE/ATP Form 39 - March 2002 for the Intoxilyzer 8000.

(2) Whenever an agency relocates an Intoxilyzer 5000 evidentiary breath test instrument for use at another facility, an agency inspection shall be conducted prior to the instrument's removal, and another inspection shall be conducted prior to the instrument's use for evidentiary breath testing at the new facility. A mobile testing unit is considered an agency facility.

(3) Whenever an instrument is taken out of evidentiary use, the agency shall conduct an agency inspection. The agency shall also conduct an agency inspection prior to returning an instrument to evidentiary use.



ANNOTATIONS Validity

The court denied defendant's motion to suppress the results of his state-administered breath test, holding that Rule 11D-8.006(2), F.A.C., did not constitute an invalid exercise of delegated legislative authority. State v. Vargas, 21 FALR 3826 (1999).

The court granted defendants' motion to suppress the results of their state-administered breath tests. The court held that Rule 11D-8.006(2) was vague, ambiguous, and vested unbridled discretion in the Department of Law Enforcement. State v. Dauth, 21 FALR 3002 (1999).

The court granted defendant's motion to suppress the results of his state-administered breath test,

11D-8.006, F.A.C. holding that Rule 11D-8.006(2), F.A.C., was vague, ambiguous, and vested unbridled discretion with the Department of Law Enforcement. Accordingly, the rule constituted an illegal exercise of delegated legislative authority. State v. Skinner, 21 FALR 2803 (1999).

DOAH dismissed petitioner's challenge of Rule 11D-8.006(2), F.A.C., as an invalid exercise of delegated legislative authority. Petitioner lacked standing to assert the claims set forth in his petition because he had not established a real and sufficiently immediate injury in fact. He had not presented evidence to show that his state-administered breath test was inaccurate. Lanouev. Department of Law Enforcement, 21 FALR 2220 (1998).

11D-8.007, F.A.C.

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11D-8.007, F.A.C.

11D-8.007 Approved Breath Test Instruments - Access, Facility Requirements, Observation Period, and Operational Procedures.

(1) Evidentiary breath test instruments shall only be accessible to a person issued a valid permit by the Department and to persons in the presence of a permit holder. This section does not prohibit agencies from sending an instrument to an authorized repair facility.

(2) The instrument will be located in a secured environment which limits access to authorized persons described in subsection (1), and will be kept clean and dry. All breath test facilities, equipment and supplies are subject to inspection by the Department.

(3) The breath test operator, agency inspector, arresting officer, or person designated by the permit holder shall reasonably ensure that the subject has not taken anything by mouth or has not regurgitated for at least twenty (20) minutes before administering the test. This provision shall not be construed to otherwise require an additional twenty (20) minute observation period before the administering of a subsequent sample.

(4) When operating an Intoxilyzer 5000 Series instrument, a breath test operator shall conduct a breath test in accordance with, and shall record the results on, the Breath Test Results Affidavit FDLE/ATP Form 14 - Rev. March 2002. When operating an Intoxilyzer 8000 instrument, a breath test operator shall conduct a breath test in accordance with Operational Procedures - Intoxilyzer 8000 FDLE/ATP Form 37 - March 2002, and the results of the test shall be recorded on the Breath Alcohol Test Affidavit - Intoxilyzer 8000 FDLE/ATP Form 38 - March 2002.

(5) Each agency shall record all breath tests conducted on a particular Intoxilyzer 5000 Series evidentiary breath test instrument on the Breath Test Log FDLE/ATP Form 13 - Effective January 1997. The breath test log shall be reviewed each calendar month by an agency inspector to ensure that the information is properly recorded and that all necessary corrections are made. The agency inspector's signature on the breath test log shall signify compliance with this section.



11D-8.0075, F.A.C.

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11D-8.0075, F.A.C.

11D-8.0075 Agency Retention of Records.

(1) Each agency shall maintain the following records for at least three years from the last entry date: agency inspection reports and agency inspection print cards, breath test logs, and breath test instrument repair records. The breath test instrument registration shall be retained by an agency for at least three years after the instrument is removed from evidentiary use.

(2) The above records shall be accessible to the Department upon request.

(3) The purpose of this section is solely for regulatory and administrative use, and any violation of this section shall not affect the admissibility, validity or reliability of breath test results.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 322.63(3), 327.354(3) FS.


11D-8.008, F.A.C.

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11D-8.008, F.A.C.

11D-8.008 Breath Test Operator and Agency Inspector.

(1) Qualifications for Breath Test Operator Permit - An applicant for a breath test operator permit must meet the following qualifications:

(a) Eighteen (18) years of age or older;

(b) High school diploma or its equivalent;

(c) Present employment by an agency, or the Department, or documentation from an agency head certifying that the person will be employed or authorized by the agency to conduct breath tests or agency inspections;

(d) Successful completion of the basic Breath Test Operator Course approved by the Criminal Justice Standards and Training Commission. Successful completion shall require obtaining a passing score of at least 80% on a written examination, and demonstrating proficiency by:

1. Properly operating an approved breath test instrument in accordance with the applicable procedures for such instrument;

2. Properly completing the required forms.

(e) Submit to the Department a complete written or electronic application and copies of the certificate of completion, examination results, proficiency testing documentation and proof of age upon successful completion of the breath test operator course, but no later than ninety days after completion. The applicant shall also provide the above documentation to the applicant's employing agency.

(2) Qualifications for Agency Inspector Permit - An applicant for an agency inspector permit must meet the following qualifications:

(a) Has been issued a breath test operator permit by the Department valid at the time that the application is submitted;

(b) Successfully completes the basic Agency Inspector Course approved by the Criminal Justice Standards and Training Commission. Successful completion shall require a passing score of at least 80% on a written examination and a demonstration of proficiency by:

1. Proper inspection of an approved breath test instrument in accordance with the procedures for such instrument;

11D-8.008, F.A.C.

2. Proper completion of all required forms.

(c) Submits to the Department a complete written or electronic application and copies of the certificate of completion, examination results and proficiency testing documentation upon successful completion of the agency inspector course, but no later than ninety days after completion. The applicant shall also provide the above documentation to the applicant's employing agency.

(3) Breath Test Operators and Agency Inspectors must satisfy continuing education requirements in order to maintain valid permits, and must provide proof of compliance to their employing agencies. Continuing education requires successful completion of the Commission-approved Renewal Course by June 30 following the four (4) year permit anniversary date, and during each subsequent four-year cycle. Successful completion of the Commission-approved Agency Inspector Renewal Course also satisfies an Agency Inspector's breath test operator continuing education requirements.

(4) Any Breath Test Operator or Agency Inspector who fails to satisfy the continuing education requirements shall not perform any duties authorized by the permit, and such permit shall become inactive until successful completion of the applicable basic course in paragraph (1)(d) or (2)(b) above. Any permit that remains inactive under this section for more than three (3) months shall be revoked.

(5) A breath test operator or agency inspector must notify the Department in writing of any change of employment within thirty days of such change.

(6) Permits to conduct breath tests and inspect breath test instruments issued pursuant to former Rule 11D-8.008, F.A.C., shall remain valid until such permits expire or otherwise become invalid in accordance with those rules.

(7) Agency Inspectors are responsible for compliance with Chapter 11D-8, F.A.C., rules governing agency custody, care, and inspection of breath test instruments and related records.

(8) Any breath test operator or agency inspector who fails to successfully complete the Commission-approved renewal course shall not perform any duties authorized by the permit until successful completion of the Commission-approved renewal course if within the continuing education cycle, or Commission-approved basic course if beyond the continuing education cycle.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1934(3), 322.63(3)(b), 327.354(3) FS.


11D-8.009, F.A.C.

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11D-8.009, F.A.C.

11D-8.009 Breath Test Permit - Technician: Annual Training, Revalidation, and Renewal. [Repealed 1-1-97]

AUTHORITY: Specific Authority 316.1932(1)(f)1., 322.63(3)(a), 327.352(1)(d) FS. Law Implemented 316.1934(3), 322.63(3)(b), 327.354(3) FS.


11D-8.010, F.A.C.

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11D-8.010, F.A.C.

11D-8.010 Qualifications for Instructors.

(1) Persons who conduct breath test training courses must have a valid Breath Test Instructor certification issued by the Criminal Justice Standards and Training Commission, and such persons shall be deemed permitted by the Department to conduct breath test training courses.

(2) Unless exempted by the Commission, at least once every four years each breath test instructor must successfully complete the Commission-approved breath test instructor certification renewal course in order to remain qualified for a breath test instructor certification. Successful completion of the breath test instructor certification renewal course satisfies that person's agency inspector and breath test operator continuing education requirements.

(3) Breath test instructors must adhere to and comply with the approved curricula and related forms when teaching Commission or Department approved courses and processing related documentation.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1934(3), 322.63(3)(b), 327.354(3) FS.


11D-8.011, F.A.C.

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11D-8.011, F.A.C.

11D-8.011 Approval of Blood Alcohol Test Methods.

The Department approves the following test methods for determining blood alcohol level:

(1) Alcohol Dehydrogenase (Enzymatic).

(2) Gas Chromatography.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS.

HISTORY New 10-31-93.

11D-8.012, F.A.C.

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11D-8.012, F.A.C.

11D-8.012 Blood Samples - Labeling and Collection.

(1) Before collecting a sample of blood, the skin puncture area must be cleansed with an antiseptic that does not contain alcohol.

(2) Blood samples must be collected in a glass evacuation tube that contains a preservative such as sodium fluoride and an anticoagulant such as potassium oxalate or EDTA (ethylenediaminetetraacetic acid). Compliance with this section can be established by the stopper or label on the collection tube, documentation from the manufacturer or distributor, or other evidence.

(3) Immediately after collection, the tube must be inverted several times to mix the blood with the preservative and anticoagulant.

(4) Blood collection tubes must be labeled with the following information: name of person tested, date and time sample was collected, and initials of the person who collected the sample.

(5) Blood samples need not be refrigerated if submitted for analysis within seven (7) days of collection, or during transportation, examination or analysis. Blood samples must be otherwise refrigerated, except that refrigeration is not required subsequent to the initial analysis.

(6) Blood samples must be hand-delivered or mailed for initial analysis within thirty days of collection, and must be initially analyzed within sixty days of receipt by the facility conducting the analysis. Blood samples which are not hand-delivered must be sent by priority mail, overnight delivery service, or other equivalent delivery service.

(7) Notwithstanding any requirements in Chapter 11D-8, F.A.C., any blood analysis results obtained, if proved to be reliable, shall be acceptable as a valid blood alcohol level.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS.


11D-8.013, F.A.C.

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11D-8.013, F.A.C.

11D-8.013 Blood Alcohol Permit - Analyst.

(1) The application for a permit to determine the alcohol level of a blood sample shall be made on a form provided by the Department and shall include the following information:

(a) Name and address of applicant;

(b) A copy of state license if licensed, or college transcript;

(c) Name and address of employer and laboratory facility where applicant performs analyses;

(d) Identify at least one Agency for which blood analyses are to be performed pursuant to Chapters 316, 322, and 327, Florida Statutes; and,

(e) A complete description of proposed analytical procedure(s) to be used in determining blood alcohol level.

(2) Qualifications for blood analyst permit - To qualify, the applicant must meet all of the following requirements:

(a) Department approval of analytical procedure(s). All proposed analytical procedures will be reviewed by the Department. The determination of approval will be made by the Department after considering the recommendation made by the reviewer(s);

(b) Satisfactory determination of blood alcohol level in five proficiency samples provided by the Department using the proposed analytical procedure. Satisfactory determination shall be made by reporting results for blood alcohol proficiency samples within the acceptable range for the samples. For blood alcohol testing, acceptable ranges shall mean the calculated proficiency sample mean + or - 3 standard deviations iterated twice. The mean and standard deviations will be calculated using the results reported by the analysts and reference laboratories;

(c) Identify at least one Agency for which blood analyses are to be performed pursuant to Chapters 316, 322, and 327, Florida Statutes; and,

(d) Meet one of the following:

1. Possess a clinical laboratory license in clinical chemistry as a technologist, supervisor or director, under Chapter 483, Florida Statutes; or

2. Be a licensed physician pursuant to Chapter 458, F.S.; or

11D-8.013, F.A.C.

3. Complete a minimum of 60 semester credit hours or equivalent of college, at least 15 semester hours of which must be in college chemistry.

(3) The department shall approve gas chromatographic analytical procedures and enzymatic analytical procedures based on alcohol dehydrogenase which meet the following requirements:

(a) Includes the approved method used and a description of the method, and the equipment, reagents, standards, and controls used;

(b) Uses commercially-prepared standards and controls certified by the manufacturer, or laboratory-prepared standards and controls verified using gas chromatography against certified standards. For commercially-prepared standards and controls, the manufacturer, lot number and expiration date must be documented for each sample or group of samples being analyzed. For laboratory-prepared standards and controls, date, person preparing the solution, method of preparation and verification must be documented;

(c) Employs a concentration range over which the procedure is calibrated with documentation supporting that the calibration is linear over the stated range. The calibration must employ a standard less than 0.04 g/100mL and a standard greater than 0.20 g/100mL;

(d) Uses a new or existing calibration curve. The new calibration curve must be generated using at least three (3) standards: one at 0.05 g/100mL or less, one between 0.05 and 0.20 g/100mL (inclusive) and one at 0.20 g/100mL or higher, and must be verified using a minimum of two (2) controls, one at 0.05 g/100mL or less and one at 0.20g/100mL or higher. The existing calibration curve must be verified using a minimum of two (2) controls, one at 0.05 g/100mL or less and one at 0.20g/100mL or higher;

(e) Includes the analysis of a blank, alcohol-free control, and the analysis of a whole blood or serum control;

(f) A gas chromatographic analytical procedure must discriminate between methanol, ethanol, acetone and isopropanol and employ an internal standard technique;

(g) An enzymatic analytical procedure based on alcohol dehydrogenase must use the procedure recommended by the instrument manufacturer/test kit vendor for whole blood alcohol analysis, and the enzyme used must have sufficient selectivity to provide negligible cross-reactivity towards methanol, acetone and isopropanol.

(4) The permit shall be issued by the Department for a specific method and procedure. Any substantial change to the method, analytical procedure, or laboratory facility must receive prior approval by the Department before being used to determine the blood alcohol level of a sample submitted by an agency. The Department shall determine what constitutes a substantial change.

(5) An analyst shall only use a Department-approved procedure to determine the blood alcohol level of samples submitted by an agency. Approval of blood alcohol analysis methods and procedures shall be based on rule requirements in effect at the time they were submitted for approval.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3) 322.63(3)(b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(b), (e), 327.353(2), 327.354(3) FS.


ANNOTATIONS Compliance

11D-8.013, F.A.C.

The court held that the state had substantially complied with statute and regulations governing blood alcohol testing, even though control substance, which measured ability of test device to distinguish between ethyl alcohol and related chemicals, was being used past its expiration date in contravention of Rule 11D-8.013(1)(e)2.a., F.A.C. State v. St. Pierre, 693 So. 2d 102 (1997).

11D-8.014, F.A.C.

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11D-8.014, F.A.C.

11D-8.014 Blood Alcohol Permit - Analyst: Renewal.

(1) Permits to conduct blood alcohol analyses shall remain valid until otherwise suspended or revoked by the Department. In order to remain qualified for such permit, an analyst must satisfactorily determine the blood alcohol level of at least two (2) proficiency samples provided by the Department each annual quarter. Satisfactory determination shall be made by reporting results for blood alcohol proficiency samples within the acceptable range for the samples. For blood alcohol testing acceptable ranges shall mean the calculated proficiency sample mean + or - 3 standard deviations iterated twice. The mean and standard deviations will be calculated using the results reported by the analysts and reference laboratories.

(2) An analyst, who is in good standing, may elect to not participate in one proficiency test cycle each calendar year. The analyst must notify the Department in writing, of his/her election prior to the date the proficiency test results must be reported to the Department.

(3) Upon notification by the Department that an analyst has failed to satisfactorily determine the blood alcohol level on any set of proficiency samples, the analyst shall be required to satisfactorily determine the blood alcohol level of a second set of five proficiency samples provided by the Department.

(4) Upon notification by the Department that an analyst has failed to satisfactorily determine the blood alcohol level on a second set of proficiency samples, the analyst shall not perform any duties authorized by the analyst's permit until the analyst satisfactorily determines the blood alcohol level of a subsequent set of proficiency samples provided by the Department. This section shall not preclude the Department from taking further action in accordance with Rule 11D-8.015, F.A.C.

(5) Failure to satisfactorily determine the blood alcohol level of any six (6) sets of proficiency samples provided by the Department within a twelve (12) month period shall result in revocation of the blood analyst permit.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS.

HISTORY New 10-31-93, Amended 1-1-97, 11-5-02.

11D-8.015, F.A.C.

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11D-8.015, F.A.C.

11D-8.015 Denial, Revocation, and Suspension of Permits.

(1) Notwithstanding an applicant's qualifications, the Department shall deny an application for an original permit where the applicant:

(a) Fails to meet the permit qualifications under these rules.

(b) Has been convicted of any of the following offenses in any federal or state court:

1. Any felony;

2. Any misdemeanor involving perjury, false statements or falsification of records;

3. Criminal conviction for any violation of Chapter 893, Florida Statutes;

4. Driving under the influence of alcoholic beverages or drugs during the five years prior to submitting the application;

5. Leaving the scene of a crash involving death or serious bodily injury.

(c) Knowingly performing the duties of a breath test operator, agency inspector, breath test instructor, or analyst without a valid applicable permit.

(d) Had the permit previously revoked.

(2) The Department is authorized to suspend any permit for a period of six months for any of the following reasons:

(a) Failure to prepare and maintain breath or blood testing records as required by these rules.

(b) Failure to continue to meet the qualifications for such permit.

(c) Any violation of these rules, or aiding and abetting any violation of these rules.

(3) The Department is authorized to revoke any permit for any of the following reasons:

(a) Knowingly making a false statement or providing false information on any document required by these rules.

(b) Knowingly making a false statement or providing false information on any application for permit submitted to the Department.

(c) Being convicted after issuance of the permit of any of the following offenses in any federal or state

11D-8.015, F.A.C. court:

1. Any felony;

2. Any misdemeanor involving perjury, false statements or falsification of records;

3. Driving under the influence of alcoholic beverages or drugs;

4. Leaving the scene of a crash involving death or serious bodily injury;

5. Any criminal violation of Chapter 893, Florida Statutes.

(d) Performing the duties of a breath test operator, agency inspector, breath test instructor, or analyst with knowledge that the applicable permit is suspended.

(e) Having had the permit previously suspended for any violation of these rules.

(4) The Department is authorized to require a breath test operator, agency inspector, breath test instructor, or analyst who violates any of these rules to attend additional training or education related to their certification or permit.

(5) The Department is authorized to invalidate the registration of any evidential instrument for a violation of any rule relating to the use, custody and care of such instrument.

(6) All permits and registrations which have been suspended, revoked or invalidated must be surrendered to the Department upon demand.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3), 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 327.354(3) FS.


11D-8.016, F.A.C.

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11D-8.016, F.A.C.

11D-8.016 Administrative Hearings.

All proceedings concerning the revocation, suspension, or denial of permits shall be conducted in accordance with Chapter 120, F.S., and the Florida Administrative Code.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 327.354(3) FS.


11D-8.017, F.A.C.

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11D-8.017, F.A.C.

11D-8.017 Forms.

The following forms referenced in these rules are hereby incorporated by reference: FDLE/ATP Form 13 - Breath Test Log - Effective January 1997. FDLE/ATP Form 14 - Breath Test Result Affidavit - Revised March 2002. FDLE/ATP Form 16 - Agency Inspection Procedures - Revised March 2002. FDLE/ATP Form 24 - Agency Inspection Report - Revised March 2001. FDLE/ATP Form 32 - Certificate of Assurance - Revised March 2001. FDLE/ATP Form 34 - Instrument Evaluation Procedures - Revised March 2002. FDLE/ATP Form 35 - Department Inspection Procedures - Revised March 2002. FDLE/ATP Form 36 - Department Inspection Procedures - Intoxilyzer 8000 - March 2002. FDLE/ATP Form 37 - Intoxilyzer Operational Procedures - Intoxilyzer 8000 - March 2002. FDLE/ATP Form 38 - Breath Alcohol Test Affidavit - Intoxilyzer 8000 - March 2002. FDLE/ATP Form 39 - Agency Inspection Procedures - Intoxilyzer 8000 - March 2002. These forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P. O. Box 1489, Tallahassee, Florida 32302. Agencies will be provided blank forms upon request and without cost for their alcohol testing program use.

AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3), 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2)(b), 327.354(3) FS.


11D-8.018, F.A.C.

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11D-8.018, F.A.C.

11D-8.018 Transition Clause. [Repealed 1-1-97]

AUTHORITY: Specific Authority 316.1932(1)(f)1., 322.63(3)(a), 327.352(1)(d) FS. Law Implemented 316.1932(1)(b)2., 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 327.354(3) FS.


15-1.014, F.A.C.

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TITLE 15 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES CHAPTER 15-1 ORGANIZATION AND OPERATION

15-1.014, F.A.C.

15-1.014 Forms; Division of Driver Licenses.

Forms are assigned by the Department to each Bureau as follows: HSMV-71000 series, Bureau of Field Operations; HSMV-72000 series, Bureau of Driver Improvement; HSMV-73000 series, Bureau of Records; HSMV-74000 series, Bureau of Financial Responsibility; and HSMV-75000 series, Bureau of Uniform Traffic Citations.(1) DHSMV-D-3L Physicians Recommendation Letter to DL Medical

Advisory Board(2) DL-4D Parent Consent for Driver Application of Minor

Under 18(3) DHSMV-D-5B Notice of Driver License Status, Outstanding

Summons(4) DHSMV-D-5C Notice of Driver License Status, Outstanding

Revocation, Suspension, or Cancellation(5) DHSMV-D-6 Court Report, Failure to Appear(6) DHSMV-D-007 Change of Address(7) DHSMV-D-10 Report of Eye Examination(8) DHSMV-D-23 Division of Driver License, Military Affidavit(9) DHSMV-D-32F DL Application-Out of State/County App.(10) DHSMV-D-33 DL Application, State of Florida(11) DHSMV-D-34 Florida D/L Exam & Application(12) DHSMV-D-035 D/L Re-examination Applicatiion(13) DHSMV-D-036 D/L Safe Driver Renewal Application(14) DL-37-1D Application for ID Card(15) DHSMV-D-54-B Implied Consent Suspension Letter(16) DHSMV-D-100-B Order of License Revocation or Suspension(17) DHSMV-D-100-C Order of License Revocation, Suspension, or

Cancellation(18) DHSMV-D-100-L Driver Information Request(19) DHSMV-D-090 List, Driver Improvement Courses in Florida(20) DHSMV-D-092 List, Alcohol Education Courses in Florida(21) DL-250 Request for Information from DL Records(22) DHSMV-252 Instructions for Requesting Information

from Driver License Record(23) DHSMV-252-A Instructions for Requesting Driver

Information By Punched Cards

15-1.014, F.A.C. (24) DHSMV-D-300 Bureau of Driver Improvement, Authority

for Reinstatement Examination(25) DL-302 Division of Driver License, Hearing Officer's

Report(26) DHSMV-D-306 Request for Administrative Hearing(27) DHSMV-D-307 Administrative Hearing Affidavit Form(28) DHSMV-D-310 Court Order Requesting Temporary

Restricted License(29) DHSMV-D-320 Driver License Voluntarily Surrendered(30) DHSMV-D-334L Acknowledgement of Receipt of

Correspondence(31) DHSMV-D-400.0 Information for Applicants, Medical

Impairment(32) DHSMV-D-400-1 Neurological Guidelines for App.(33) DHSMV-D-020 Transmittal of Out-of-State Driver License(34) DL-423 DHSMV Medical Report (Completed by Physician)(35) DHSMV-D-425.1L Letter of License Revocation for Inadequate

Vision(36) DHSMV-D-447 Letter or Receipt, Notification of Physical

Condition(37) DHSMV-D-472 Interpreter's Affidavit(38) DHSMV-D-480-490 Exam series(39) DHSMV-D-499 Division of Drivers License Admittance Slip(40) DHSMV-D-520 Statement of Applicant Concerning DL(41) DHSMV-D-521 Request for Letter of Clearance(42) DHSMV-D-624 Denial of Refund Request or for Obtaining

Additional Information From Subject (letter)(43) DHSMV-D-634 Rejection Notice (Fees)(44) DHSMV-D-643L Driver Licenses Renewal Instructions

(Out-of-State)(45) DHSMV-D-643.1L Summary of Instructions for Florida DL to

Applicant and Examiner(46) DL-644 Refund Request(47) DHSMV-D-646L Renewal and Re-exam Instructions to Florida

Residents Temporarily Out-of-Country(48) DHSMV-D-647L Letter of Instructions and Test to Examiner

Conducting Test Out-of-Country(49) DHSMV-D-648L Instructions for Replacement or Duplicate

License to Florida Residents TemporarilyOut-of-State

(50) DHSMV-D-648.1L Letter to License Reference RequirementsNecessary for Extension on Temporary Permit

(51) DHSMV-D-649 Flyer to Accompany License Issued to ApplicantsOut-of-State, Requesting them to ObtainReplacement License upon Return to Florida

(52) DHSMV-D-706 Letter of Transmittal(53) DHSMV-D-709 Bureau of FR Voucher(54) DHSMV-D-709A Record of Unsatisfied Judgment (FR)(55) DHSMV-D-709B Satisfaction of Judgment (FR)(56) DHSMV-D-709C Authorization to Pay Security (FR)(57) DHSMV-D-704 DL or Tag and Registration Receipt(58) DHSMV-D-710D Original Notice (FR)(59) DHSMV-D-710A Notice of Policy Under Fla. FR Law(60) DHSMV-D-710B Original Notice (FR)(61) DHSMV-D-710C Original Notice (FR)

15-1.014, F.A.C. (62) DHSMV-D-711-L FR Order of Suspension(63) DHSMV-D-714 Release of All Claims(64) DHSMV-D-716/730 Property Damage Bodily Injury Affidavit(65) DHSMV-D-717 Bond (FR)(66) DHSMV-D-729A Instruction Sheet (FR)(67) DHSMV-D-729B Instructions Sheet (FR) (Spanish)(68) DHSMV-D-735 Affidavit(69) DHSMV-D-736 Agreement for Release and Monthly Repayment Note(70) DHSMV-D-749 Application for Hearing (FR)(71) Receipt, for DL, Tags, and/or Registration(72) STFR-7 Receipt of Bond (FR)(73) STFR-9B(m) Satisfaction of Judgment(74) STFR-14 FR Release(75) STFR-18 Receipt for Reinstatement Fee/Security Deposit(76) DHSMV-D-095 Report of Completion of Driver Improvement

School(77) STFR-36(m) Agreement for Release and Monthly Repayment Note(78) DHSMV-D-708 FR Deposit(79) Original Application for a License to Conduct a

Commercial Driving School(80) -- Original Application for an Instructor's or

Agent'sCertificate

(81) -- Physical Examination for Commercial Driving SchoolInstructors

(82) -- Renewal - Commercial Driving School Registration(83) -- Renewal - Instructors Certificate(84) -- Driver Education Certificates, Issuance Form(85) -- Inspection Report of Commercial Driving Schools(86) -- Lost Draft Affidavit (General)(87) -- Physician's Certificate Regarding Narcotic/

Barbiturate and/or Amphetamine Addiction(88) -- Affidavit, Finger Prints(89) -- Information Sheet - Information Needed to be

considered for Licensing When Wearing TelescopicLenses - To Accompany DL-10

(90) -- Re-examination Notice, due to Reported Inability(letter)

(91) DHSMV-D-3 Florida Driver Re-examination Facts(92) DHSMV-D-500 Driver License Examiner, Career Facts(93) DL-02 Florida Driver Handbook(94) -- Florida Driver Handbook (Spanish)(95) DL-38 Florida Driver License(96) DL-39 Florida Identification Card(97) FUTC Florida Uniform Traffic Citation(98) DHSMV-D-312L Notice of Administrative Hearing(99) DHSMV-D-400L Report of Driving Problem(100) DL-419 Re-examination Investigation(101) DHSMV-D-428L Notice of Examination(102) DHSMV-D-429L Report of Serious Doubt(103) DHSMV-D-430 Report of Failure to Complete Driver Improvement

School(104) DHSMV-D-702 Request for Implied Consent Information(105) STFR-7A Bond Release

15-1.014, F.A.C. (106) STFR-9 Deposit Release(107) STFR-33(M) FR Reinstatement Fee

AUTHORITY: Specific Authority 322.02 FS. Law Implemented 120.53(1)(b) FS.

HISTORY New 11-11-81, Formerly 15-1.14, Amended 11-19-92.

implied_consent fac 11d-8 active

Documents