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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, 3-27-06, ________.

11D-8.0075 Agency Retention of Records.

(1) Each agency shall maintain the following records for at least three years from the last entry date: agency inspection reports, and agency inspection print cards, breath test logs copies of department inspection reports, evidentiary breath test instrument certificate(s) of calibration, and evidentiary breath test instrument repair records. The evidentiary breath test instrument registration shall be retained by an agency for at least three years after the instrument is removed from evidentiary use. Dry gas standard certificates of analysis shall be retained by an agency for at least three years after receipt the expiration date.

(2) through (3) No change.

SPECIFIC AUTHORITY 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 322.63(3), 327.354(3) FS. History–New 7-29-01, Amended 11-5-02, 12-9-04, _________.

11D-8.008 Breath Test Operator and Agency Inspector.

(1) through (2) No change.

(3) Breath Test Operators and Agency Inspectors must satisfy continuing education requirements in order to maintain valid permits. Continuing education requires successful completion of the applicable Commission-approved basic or renewal cCourse by June 30 following the fourth permit anniversary date, and during each subsequent four-year cycle. Successful completion of the Commission-approved Agency Inspector Course or Agency Inspector Renewal Course also satisfies an Agency Inspector’s breath test operator continuing education requirements.

(4) Any Breath Test Operator or Agency Inspector who fails to satisfy the continuing education requirements shall not perform any duties authorized by the permit until successful completion of the applicable Commission-approved basic or renewal course.

(5) Permits to conduct breath tests and inspect breath test instruments issued pursuant to former Rule 11D-8.008, F.A.C., shall remain valid until such permits expire or otherwise become invalid in accordance with those rules.  A Breath Test Operator or Agency Inspector must be employed by an Agency in order to perform the duties authorized by the permit.

(6) Agency Inspectors are responsible for compliance with Chapter 11D-8, F.A.C., rules governing agency custody, care, and inspection of breath test instruments and related records.

(6) (7) Any Bbreath Ttest Ooperator or Aagency Iinspector who fails to successfully complete the Commission-approved renewal course shall not perform any duties authorized by the permit until successful completion of the Commission-approved basic course.

(7) (8) Members of the Department’s Alcohol Testing Program who instruct Commission-approved breath test courses may use such course instruction to satisfy their continuing education requirements under this section.

SPECIFIC AUTHORITY 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1934(3), 322.63(3)(b), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06, __________.

11D-8.011 Approval of Blood Alcohol Test Methods.

The Department approves the following test methods for determining a blood alcohol level:

(1) Alcohol Dehydrogenase (Enzymatic).

(2) (1) Gas Chromatography.

SPECIFIC AUTHORITY 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 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, __________.

11D-8.012 Blood Samples - Labeling and Collection.  

(1) Before collecting a sample of blood, the skin puncture area must be cleansed with an antiseptic, such as povidone-iodine or benzalkonium chloride,  that does not contain alcohol. Compliance with this section can be established by the information on the packaging of the antiseptic.

(2) Blood samples must be collected in an glass evacuatedion blood collection tube that is not expired and contains at least 2 mg/mL of the preservative such as sodium fluoride (NaF) and an at least 2 mg/mL of the anticoagulant such as potassium oxalate or at least 1 mg/mL of the anticoagulant EDTA (ethylenediaminetetraacetic acid).  Compliance with this section can be established by as listed on the stopper or label on  of the collection tube, documentation from the manufacturer or distributor, or by other evidence.  Compliance with this section can be established by dividing the amount (in mg) of the preservative or anticoagulant by the volume (in mL) of the collection tube .

(3) Immediately after collection, the tube must be inverted several a minimum of two times to mix the blood with the preservative and anticoagulant.

(4) No change.  

(5)  Compliance with the collection and labeling requirements of paragraphs (1) through (4) shall be documented by the

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