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(4) (5) Failure to satisfactorily determine the blood alcohol level of any six (6) four (4) sets of proficiency test samples provided by the Department within a twelve (12) month period shall result in revocation of the blood analyst permit.

(5) An analyst may elect to not participate in one proficiency test cycle within a twelve month period. The analyst must notify the Department in writing, of his/her election prior to the date the proficiency test results are due.  An analyst electing this option shall not perform the duties authorized by the permit until the analyst satisfactorily completes the renewal requirements of the permit.  An analyst may either request samples for the current proficiency test cycle or wait until the next cycle.  The Department will provide samples in the next proficiency test cycle, failure to participate in this proficiency test cycle will result in the Department taking action in accordance with Rule 11D-8.015, F.A.C.

SPECIFIC AUTHORITY 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 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, 11-5-02, __________.

11D-8.015 Denial, Revocation, and Suspension of Permits.

(1) Notwithstanding an applicant’s qualifications, the Department shall deny an application for an original permit where the applicant:

(a) No change.

(b) Has been convicted of any of the following offenses in any federal or state court:

1. through 2. No change.

3. Criminal conviction for any violation of controlled substance statutes found in Chapter 893, F.S., or violation of any federal controlled substance statute or violation of any other state’s constrolled substance statutes;

4. through 5. No change.

(c) through (d) No change.

(2) No change.

(3) The Department is authorized to revoke any permit for any of the following reasons:

(a) through (b) No change.

(c) Being convicted after issuance of the permit of any of the following offenses in any federal or state court:

1. through 4. No change.

5. Any criminal violation of controlled substance statutes found in Chapter 893, F.S., or federal controlled substance statute or violation of any other state’s constrolled substance statutes;

(d) through (e) No change.

(4) No change.

(5) The Department is authorized to invalidate the registration of any evidential evidentiary breath test instrument for a violation of any rule relating to the use, custody and care of such instrument.

(6) No change.

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 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 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-8.017 Forms.

The following forms referenced in these rules are hereby incorporated by reference:

FDLE/ATP Form 13 – Breath Test Log – Effective January 1997.

FDLE/ATP Form 14 – Breath Test Result Affidavit – Revised March 2002.

FDLE/ATP Form 16 – Agency Inspection Procedures – Revised March 2004.

FDLE/ATP Form 24 – Agency Inspection Report – Revised March 2001.

FDLE/ATP Form 26 – Department Inspection Report - Revised March 2004.

FDLE/ATP Form 32 – Certificate of Assurance – Revised March 2001.

FDLE/ATP Form 34 – Instrument Evaluation Procedures – Revised October 2007 March 2004.

FDLE/ATP Form 35 – Department Inspection Procedures – Revised August 2005.

FDLE/ATP Form 36 – Department Inspection Procedures – Intoxilyzer 8000 – Revised October 2007 August 2005.

FDLE/ATP Form 37 – Operational Procedures – Intoxilyzer 8000 – Revised October 2007 August 2005.

FDLE/ATP Form 38 – Breath Alcohol Test Affidavit – Intoxilyzer 8000 – Revised October 2007 March 2004.

FDLE/ATP Form 39 – Agency Inspection Procedures – Intoxilyzer 8000 – Revised October 2007 August 2005.

FDLE/ATP Form 40 – Agency Inspection Report – Intoxilyzer 8000 – March 2004.

FDLE/ATP Form 41 – Department Inspection Report – Intoxilyzer 8000 – Revised October 2007 August 2005.

FDLE/ATP Form 42 – Certification of Blood Collection and Labeling – New October 2007.

FDLE/ATP Form 43 – Blood Alcohol Analyses Analytical Procedures – New October 2007.

These forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P. O. Box 1489, Tallahassee, Florida 32302. Agencies will be provided blank forms upon request and without cost for their alcohol testing program use.

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