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Florida Administrative Code (Last Updated: April 18, 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 Department shall register and inspect 8each individual 10breath test instrument 13for accuracy and reliability 17prior to such instrument being initially placed into evidentiary use by an agency. The inspection validates that instrument’s approval for evidentiary use, and the registration 42completes that instrument’s approval 46pursuant to these rules. 50The registration 52shall reflect the registration date, the owner of the instrument, the instrument serial number, the manufacturer, and the model designation.
72(2) Registered breath test instruments shall be inspected by the Department at least once each calendar year 89to ensure accuracy and reliability, 94and must be accessible to the Department for inspection. 103A department inspection must be conducted subsequent to repair and 113prior to being placed in evidentiary use.
120(3) Department inspections shall be conducted in accordance with Department Inspection Procedures FDLE/ATP Form 13436, 135revised August 2005, effective date July 2015, hereby incorporated by reference, 146https://www.flrules.org/Gateway/reference.asp?No=Ref-05654, 148Department Inspection Report – Intoxilyzer 8000, 154FDLE/ATP Form 41, revised August 2005, 160effective date July 2015, hereby incorporated by reference, 168https://www.flrules.org/Gateway/reference.asp?No=Ref-05647170. These forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P. O. Box 1489, Tallahassee, Florida 32302194.
195(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.
239Rulemaking Authority 241316.1932(1)(a)2., 242(f)1., 243322.63(3)(a), 244327.352(1)(b)3. FS. 246Law Implemented 248316.1932(1)(b)2., 249316.1934(3), 250322.63(3)(b), 251327.352(1)(e), 252327.354(3) FS. 254History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06, 7-29-15.
