Florida Administrative Code (Last Updated: November 11, 2024) |
11. Department of Law Enforcement |
11D. Division of Local Law Enforcement Assistance |
11D-8. Implied Consent Program |
1(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 2 proficiency samples provided by the Department semiannually. 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.
106(2) 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.
154(3) 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 22611D-8.015, 227F.A.C.
228(4) Failure to satisfactorily determine the blood alcohol level of any 4 sets of proficiency samples provided by the Department within a 12-month period shall result in revocation of the blood analyst permit.
261Rulemaking Authority 263316.1932(1)(a)2., 264(f)1., 265322.63(3)(a), 266327.352(1)(b)3. FS. 268Law Implemented 270316.1932(1)(b), 271316.1933(2)(b), 272316.1934(3), 273322.63(3)(b), 274327.352(1)(e), 275327.353(2), 276327.354(3) FS. 278History–New 10-31-93, Amended 1-1-97, 11-5-02, 5-29-14.