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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, 12-9-04, 3-27-06, __________.

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

(1) No change.

(2) The Department approves breath test methods and new instrumentation to ensure the accuracy and reliability of breath test results. An evaluation for approval of a new instrument shall be conducted by the Department in accordance with and meet the requirements of Instrument Evaluation Procedures FDLE/ATP Form 34 – Rev. October 2007.  The Department has approved the following breath test instrumentation 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 evaluated by the Department in accordance with Instrument Evaluation Procedures FDLE/ATP Form 34 – Rev. March 2004.

(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.  The Department has approved the following breath test instrument for evidentiary use: CMI, Inc. Intoxilyzer 8000 using software evaluated by the Department.  

(4) Evaluation(s) of software intended for evidentiary use and of approved breath test instrument(s) listed in subsection (3) shall be conducted in accordance with Instrument Evaluation Procedures FDLE/ATP Form 34 – Rev. October 2007.  Evaluation(s) that meet the requirements of  Instrument Evaluation Procedures FDLE/ATP Form 34 – Rev. October 2007 validate the approval, accuracy, precision and reliability of an evidentiary breath test instrument.

(5) (4) A Department inspection that complies performed in accordance with Rule 11D-8.004, F.A.C., validates the approval, calibration, accuracy, precision and reliability of an evidentiary breath test instrument.

(5) 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.

(6) The availability or approval of new instruments, software, options or modifications does not negate the approval status of previously  currently approved instruments, software, options or modifications.  The evaluation of new software, options or modifications does not negate the use of previously evaluated software, options or modifications.

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, 12-9-04, __________.

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) through (b) No change.

(c) The source must produce alcohol reference solution lots which are traceable to the National Institute of Standards and Technology.

(d)  Each alcohol reference solution lot produced by the source must be certified by the source as to its contents and alcohol vapor concentration.

(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 The analyses will be performed on two separate samples from each sample bottle of alcohol reference solution. All analysis results shall fall within the alcohol reference solution acceptable range.

(b) No change.

(3) through (4) No change.

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, 12-9-04, ___________.

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 inspection which complies with Department Inspection Procedures – Intoxilyzer 8000 – FDLE/ATP Form 36 – Revised October 2007, validates the instrument’s approval for evidentiary use, and the registration denotes an evidentiary breath test 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.

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