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11D-8.002 Definitions.

(1) through (4) No change.

(5)  Agency Inspection – the periodic testing of the calibration and operation of an evidentiary 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 an Agency Inspector.

(6) through (8) No change.

(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, used to verify the accuracy of an evidentiary breath test instrument.

(10) No change.

(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 analytical 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 – conducted in accordance with Operational Procedures – Intoxilyzer 8000 FDLE/ATP Form 37, Rev. October 2007, a minimum of two evidentiary breath samples, as defined in paragraph (18) of this section, of breath collected within fifteen minutes of each other, analyzed using an approved evidentiary 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 evidentiary breath samples are more than 0.020 g/210L apart, a third evidentiary breath 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 – the Department, the breath test instrument manufacturer, or an entity authorized by the breath test instrument manufacturer to service and repair such breath test instrument.

(14) through (15) No change.

(16) Blood Alcohol Testing Reference Laboratory – a laboratory which conducts blood alcohol analyses, and participates in a proficiency test cycle for their quality control purposes.  To become qualified, the blood alcohol testing reference laboratory’s analytical procedure must meet the requirements of Rule 11D-8.013(3) F.A.C. before the Department will use their proficiency test results for a blood alcohol proficiency test cycle.

(17) (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).

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

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

(20) Commission – Criminal Justice Standards and Training Commission

(21) Control Test – when conducted during a breath test, the verification of the accuracy of an evidentiary breath test instrument through the analysis of a 0.08 g/210L dry gas standard.  

(22) (19) Department – the Florida Department of Law Enforcement.

(23) Diagnostic Check – an internal systems analyses conducted by an evidentiary breath test instrument to ensure operational requirements are met for functionality and performance.    

(24) (20) Dry Gas Standard – a standard consisting of a mixture of alcohol and gas which produces a known alcohol vapor concentration, used to verify the calibration accuracy of a breath test instrument.

(25) Evidentiary Breath Sample – air expelled from the lung(s) in a single exhalation achieving slope as indicated by the instrument.  Commonly referred to as “deep lung air” or “end expiratory air”.

(26) (21) Evidentiary Breath Test Instrument – a breath test instrument approved by the Department under Rule 11D-8.003, F.A.C., registered by the Department under Rule 11D-8.004, F.A.C., and used primarily to conduct breath alcohol breath tests pursuant to Florida law.

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

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

(29) (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.

(30) Precision – the nearness of measurements to each other; expressed as a standard deviation.

(31) (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.

(32) (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.

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