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Florida Administrative Code (Last Updated: November 11, 2024) |
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11. Department of Law Enforcement |
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11D. Division of Local Law Enforcement Assistance |
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11D-8. Implied Consent Program |
1(1) The 3approved breath test 6method for evidentiary breath testing is Infrared 13Spectroscopy, 14also known as Infrared Light Absorption.
20(2) The Department approves breath test methods and new instrumentation to ensure the accuracy and reliability of breath test results. The 41approved breath test instrument make and model is the 50CMI, Inc. Intoxilyzer 8000 and Intoxilyzer 9000 using software evaluated by the Department in accordance with Instrument Evaluation Procedures FDLE/ATP Form 34, 72revised March 2004, effective date July 2015, hereby incorporated by reference, 83https://www.flrules.org/Gateway/reference.asp?No=Ref-0564585. This form may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida 32302108.
109(3) A Department inspection performed in accordance with Rule 11811D-8.004, 119F.A.C., validates the approval, accuracy and reliability of an evidentiary breath test instrument.
132(4) The Department shall conduct evaluations for approval of new instrumentation under subsection (2) in accordance with Instrument Evaluation Procedures FDLE/ATP Form 34 – Rev. March 2004.
159(5) The availability or approval of new instruments, 167evaluation of 169software, options or modifications does not negate the approval status of previously approved instruments, 183or evaluated 185software, options or modifications. 189An approved make and model of a breath test instrument remains approved until disapproved by the Department.
206Rulemaking Authority 208316.1932(1)(a)2., 209(f)1., 210322.63(3)(a), 211(b), 212327.352(1)(b)3. FS. 214Law Implemented 216316.1932(1)(b)2., 217316.1934(3), 218322.63(3)(b), 219327.352(1)(e), 220327.354(3) FS. 222History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 7-29-15, 7-22-24.
