Implied - Consent Fac 11d-8 Active

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11D-8.002, F.A.C.
31 of 51 DOCUMENTS
Copyright 2004. State of Florida, Department of State.
All Rights Reserved.
*** THIS DOCUMENT REFLECTS CHANGES RECEIVED THROUGH NOVEMBER 5, 2004 ***
TITLE 11 DEPARTMENT OF LAW ENFORCEMENT
DIVISION OF LOCAL LAW ENFORCEMENT ASSISTANCE
CHAPTER 11D-8 IMPLIED CONSENT PROGRAM
11D-8.002, F.A.C.
11D-8.002 Definitions.
(1) Acceptable Range - means the results of agency or department inspections and dry gas standard
analyses which fall within the following ranges at each alcohol vapor concentration: 0.05 g/210L range is
0.045 to 0.055 g/210L; 0.08 g/210L range is 0.075 to 0.085 g/210L; 0.20 g/210L range is 0.190 to 0.210
g/210L; or the Alcohol Reference Solution gas chromatographic results which fall within the following
ranges: 0.0605 g/100mL range is 0.0586 to 0.0623 g/100mL; 0.0968 g/100 mL range is 0.0938 to 0.0997
g/100mL; 0.2420 g/100mL range is 0.2347 to 0.2492 g/100mL.
(2) Accuracy - the nearness of a measurement to a known concentration.
(3) Acetone Stock Solution - a mixture of acetone and distilled or deionized water provided by the
Department.
(4) Agency - a law enforcement agency other than the Department, or an entity which conducts breath
tests or submits blood samples for alcohol testing pursuant to these rules, or a civilian entity performing
such duties on behalf of a law enforcement agency.
(5) Agency Inspection - the periodic testing of the calibration and operation of a 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.
(6) Agency Inspector - a person who has been issued an Agency Inspector permit by the Department.
(7) Alcohol - ethyl alcohol, also known as ethanol.
(8) Alcohol Free Test - a result of 0.000 g/210L when using distilled or deionized water.
(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.
(10) Analyst - a person who has been issued a Blood Analyst permit by the Department.
(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 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 - a minimum of two samples of breath collected within fifteen
Page 3
11D-8.002, F.A.C.
minutes of each other, analyzed using an approved 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 samples are
more than 0.020 g/210L apart, a third 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 - an entity authorized by the breath test instrument manufacturer to
repair such breath test instrument.
(14) Blood - whole blood.
(15) Blood Alcohol Level - the alcohol concentration by weight in a person's blood based upon grams
of alcohol per 100 milliliters of blood (g/100mL).
(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).
(17) Breath Test Instructor - a person who has been issued a Breath Test Instructor Certification by the
Criminal Justice Standards and Training Commission.
(18) Breath Test Operator - a person who has been issued a Breath Test Operator permit by the
Department.
(19) Department - the Florida Department of Law Enforcement.
(20) Dry Gas Standard - a mixture of alcohol and gas which produces a known alcohol vapor
concentration used to verify the calibration of a breath test instrument.
(21) Evidentiary Breath Test Instrument - a breath test instrument approved by the Department under
Rule 11D-8.003, F.A.C., and used primarily to conduct alcohol breath tests pursuant to Florida law.
(22) Methods - types of alcohol analyses approved by the Department to conduct chemical or physical
tests of blood or breath.
(23) Mouth Alcohol Solution - a mixture of alcohol and distilled or deionized water provided by the
Department.
(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. An inactive permit remains valid, but the permit holder is not authorized to perform
duties related to the permit until satisfaction of the applicable requirements.
(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.
(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.
AUTHORITY: 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.
Page 5
11D-8.003, F.A.C.
32 of 51 DOCUMENTS
11D-8.003, F.A.C.
11D-8.003 Approval of Breath Test Methods and Instruments.

(1) The Department has approved the following method(s) for evidentiary breath testing: Infrared Light
Test, also known as Infrared Light Absorption Test.
(2) The Department has approved the following breath test instrument(s) 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 approved by the Department in accordance with Instrument Evaluation Procedures FDLE/ATP
Form 34 - Rev. March 2002.
(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.
(4) The determination to evaluate an evidentiary breath test instrument for use in the State of Florida
will be made by the Department. Upon notification by the Department that an evidentiary breath test
instrument will be evaluated, the instrument's manufacturer shall submit the following to the Department:
(a) The method of analysis upon which the instrument is based;
(b) The instrument's model designation;
(c) At least two (2) instruments for evaluation and a certificate of calibration for each instrument;
(d) A description of the instrument;
(e) The operator's/technician's manual;
(f) A schematic design and a mechanical drawing of the instrument;
(g) The instrument's maintenance manual, if published;
(h) Any accessories and materials necessary to use the instrument for breath testing;
(i) The maximum and minimum temperatures at which the instrument provides accurate results;
(j) The name and description of the software used.
(5) A manufacturer whose instrument has been previously approved by the Department shall notify the
Department in writing prior to making any modification or adding a new option to such instrument. The
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11D-8.003, F.A.C.
Department shall evaluate such modifications or options to an approved breath test instrument and
determine whether they affect the instrument's method of analysis or analytical reliability.
(6) The Department shall conduct evaluations for approval under subsections (4) and (5) in accordance
with Instrument Evaluation Procedures FDLE/ATP Form 34 - Rev. March 2002.
(7) The availability or approval of new instruments, software, options or modifications does not negate
the approval status of previously approved instruments, software, options or modifications.
AUTHORITY: 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.
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11D-8.0035, F.A.C.
33 of 51 DOCUMENTS
11D-8.0035, F.A.C.
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) The source must prepare alcohol reference solution using only distilled or deionized water;
(b) The source must use reagent grade or U.S.P. grade ethanol in the preparation of the alcohol
reference solution;
(c) The source must be capable of producing a minimum batch volume of 800 bottles, each containing
at least 500 milliliters, to produce the following vapor alcohol concentrations: 0.05 g/210L, 0.08 g/210L,
and 0.20 g/210L;
(d) The source must have performed and documented tests that demonstrate that the alcohol reference
solutions are reliable for at least two years from the date of manufacture.
(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 analyses will be performed on each sample bottle of alcohol reference solution. All analysis
results shall fall within the alcohol reference solution acceptable range.
(b) The Department shall notify the source that the approved lots may be distributed for use in Florida,
and shall issue a Certificate of Assurance, FDLE/ATP Form 32 - Rev. March 2001. Upon a determination
by the Department that a lot of alcohol reference solution fails to meet the requirements for approval, the
Department shall notify the source approved by the Department.
(3) Alcohol reference solution lots approved by the Department shall be used in agency or Department
inspections within two (2) years of the date of manufacture.
(4) Approval analyses of alcohol reference solution lots shall be based on requirements and procedures
in effect at the time such lots are submitted for approval. No post-approval analysis is required for
previously approved alcohol reference solution lots.
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11D-8.0035, F.A.C.
AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS.
HISTORY
New 7-6-99, Amended 7-29-01.
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11D-8.0036, F.A.C.
34 of 51 DOCUMENTS
11D-8.0036, F.A.C.
11D-8.0036 Approval of Dry Gas Standards Source.

(1) The Department shall approve a source of dry gas standards for use by agencies in the State of
Florida. The source approved by the Department shall be an entity that manufactures dry gas standards and
meets the following requirements:
(a) The source must produce dry gas standards which comply with specifications of the National
Institute of Standards and Technology.
(b) Each dry gas standard cylinder produced by the source must be certified by the source as to its
contents and vapor alcohol concentration.
(c) The source must be capable of producing a minimum of 800 cylinders of dry gas standard during a
thirty day period at a vapor alcohol concentration of 0.08 g/210L.
(d) The source must have performed and documented tests that demonstrate that the source's dry gas
standards are reliable for at least two years from the date of manufacture.
(e) The Department shall verify using infrared spectroscopy or another scientifically accepted method
the vapor alcohol concentration in a minimum of ten sample cylinders of dry gas standard produced by the
source. Ten (10) analyses will be performed on each sample cylinder of dry gas standard using an approved
breath test instrument. All analytical results must fall within the dry gas standard acceptable range. The
calibration of the breath test instrument shall be verified prior to analysis of the dry gas standards by
obtaining two results of alcohol reference solution concentrations of 0.05 g/210L, 0.08 g/210L, and 0.20
g/210L.
(2) Dry gas standard cylinders produced by the approved source must be used in agency or Department
inspections within two years of the date of manufacture.
AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), (b), 327.352(1)(b)3. FS.
HISTORY
New 11-5-02.
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11D-8.004, F.A.C.
35 of 51 DOCUMENTS
11D-8.004, F.A.C.
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 registration denotes an 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. A new registration is required to reflect a change of
ownership of an evidentiary instrument.
(2) Registered breath test instruments shall be inspected by the Department at least once each calendar
year, and must be accessible to the Department for inspection.
(3) Department inspections shall be conducted in accordance with Department Inspection Procedures
FDLE/ATP Form 35 - Rev. March 2002 for the Intoxilyzer 5000 Series, or Department Inspection
Procedures - Intoxilyzer 8000 FDLE/ATP Form 36 - March 2002 for the Intoxilyzer 8000.
(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.
AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS.
HISTORY
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02.
Page 15
11D-8.005, F.A.C.
36 of 51 DOCUMENTS
11D-8.005, F.A.C.
11D-8.005 Periodic Department Inspections of Breath Test Instruments. [Repealed 1-1-97]

AUTHORITY: Specific Authority 316.1932(1)(f)1., 322.63(3)(a), 327.352(1)(d) FS.
Law Implemented 316.1932(1)(b)2., 316.1934(3), 322.63(3)(b), 327.354(3) FS.
HISTORY
New 10-31-93, Repealed 1-1-97.
Page 17
11D-8.006, F.A.C.
37 of 51 DOCUMENTS
11D-8.006, F.A.C.
11D-8.006 Agency Inspection of Breath Test Instruments.

(1) Evidentiary breath test instruments shall be inspected by an agency inspector at least once each
calendar month. The agency inspection shall be conducted in accordance with Agency Inspection
Procedures FDLE/ATP Form 16 - Rev. March 2002 for theIntoxilyzer 5000 Series, or Agency Inspection
Procedures - Intoxilyzer 8000 FDLE/ATP Form 39 - March 2002 for the Intoxilyzer 8000.
(2) Whenever an agency relocates an Intoxilyzer 5000 evidentiary breath test instrument for use at
another facility, an agency inspection shall be conducted prior to the instrument's removal, and another
inspection shall be conducted prior to the instrument's use for evidentiary breath testing at the new facility.
A mobile testing unit is considered an agency facility.
(3) Whenever an instrument is taken out of evidentiary use, the agency shall conduct an agency
inspection. The agency shall also conduct an agency inspection prior to returning an instrument to
evidentiary use.
HISTORY
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02.
ANNOTATIONS
Validity
The court denied defendant's motion to suppress the results of his state-administered breath test,
holding that Rule 11D-8.006(2), F.A.C., did not constitute an invalid exercise of delegated legislative
authority. State v. Vargas, 21 FALR 3826 (1999).
The court granted defendants' motion to suppress the results of their state-administered breath tests.
The court held that Rule 11D-8.006(2) was vague, ambiguous, and vested unbridled discretion in the
Department of Law Enforcement. State v. Dauth, 21 FALR 3002 (1999).
The court granted defendant's motion to suppress the results of his state-administered breath test,
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11D-8.006, F.A.C.
holding that Rule 11D-8.006(2), F.A.C., was vague, ambiguous, and vested unbridled discretion with the
Department of Law Enforcement. Accordingly, the rule constituted an illegal exercise of delegated
legislative authority. State v. Skinner, 21 FALR 2803 (1999).
DOAH dismissed petitioner's challenge of Rule 11D-8.006(2), F.A.C., as an invalid exercise of
delegated legislative authority. Petitioner lacked standing to assert the claims set forth in his petition
because he had not established a real and sufficiently immediate injury in fact. He had not presented
evidence to show that his state-administered breath test was inaccurate. Lanouev. Department of Law
Enforcement, 21 FALR 2220 (1998).
Page 20
11D-8.007, F.A.C.
38 of 51 DOCUMENTS
11D-8.007, F.A.C.
11D-8.007 Approved Breath Test Instruments - Access, Facility Requirements, Observation Period, and
Operational Procedures.
(1) Evidentiary breath test instruments shall only be accessible to a person issued a valid permit by the
Department and to persons in the presence of a permit holder. This section does not prohibit agencies from
sending an instrument to an authorized repair facility.
(2) The instrument will be located in a secured environment which limits access to authorized persons
described in subsection (1), and will be kept clean and dry. All breath test facilities, equipment and supplies
are subject to inspection by the Department.
(3) The breath test operator, agency inspector, arresting officer, or person designated by the permit
holder shall reasonably ensure that the subject has not taken anything by mouth or has not regurgitated for
at least twenty (20) minutes before administering the test. This provision shall not be construed to
otherwise require an additional twenty (20) minute observation period before the administering of a
subsequent sample.
(4) When operating an Intoxilyzer 5000 Series instrument, a breath test operator shall conduct a breath
test in accordance with, and shall record the results on, the Breath Test Results Affidavit FDLE/ATP Form
14 - Rev. March 2002. When operating an Intoxilyzer 8000 instrument, a breath test operator shall conduct
a breath test in accordance with Operational Procedures - Intoxilyzer 8000 FDLE/ATP Form 37 - March
2002, and the results of the test shall be recorded on the Breath Alcohol Test Affidavit - Intoxilyzer 8000
FDLE/ATP Form 38 - March 2002.
(5) Each agency shall record all breath tests conducted on a particular Intoxilyzer 5000 Series
evidentiary breath test instrument on the Breath Test Log FDLE/ATP Form 13 - Effective January 1997.
The breath test log shall be reviewed each calendar month by an agency inspector to ensure that the
information is properly recorded and that all necessary corrections are made. The agency inspector's
signature on the breath test log shall signify compliance with this section.
HISTORY
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02.
Page 22
11D-8.0075, F.A.C.
39 of 51 DOCUMENTS
11D-8.0075, F.A.C.
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, and breath test instrument
repair records. The breath test instrument registration shall be retained by an agency for at least three years
after the instrument is removed from evidentiary use.
(2) The above records shall be accessible to the Department upon request.
(3) The purpose of this section is solely for regulatory and administrative use, and any violation of this
section shall not affect the admissibility, validity or reliability of breath test results.
Law Implemented 322.63(3), 327.354(3) FS.
HISTORY
New 7-29-01, Amended 11-5-02.
Page 24
11D-8.008, F.A.C.
40 of 51 DOCUMENTS
11D-8.008, F.A.C.
11D-8.008 Breath Test Operator and Agency Inspector.

(1) Qualifications for Breath Test Operator Permit - An applicant for a breath test operator permit must
meet the following qualifications:
(a) Eighteen (18) years of age or older;
(b) High school diploma or its equivalent;
(c) Present employment by an agency, or the Department, or documentation from an agency head
certifying that the person will be employed or authorized by the agency to conduct breath tests or agency
inspections;
(d) Successful completion of the basic Breath Test Operator Course approved by the Criminal Justice
Standards and Training Commission. Successful completion shall require obtaining a passing score of at
least 80% on a written examination, and demonstrating proficiency by:
1. Properly operating an approved breath test instrument in accordance with the applicable procedures
for such instrument;
2. Properly completing the required forms.
(e) Submit to the Department a complete written or electronic application and copies of the certificate
of completion, examination results, proficiency testing documentation and proof of age upon successful
completion of the breath test operator course, but no later than ninety days after completion. The applicant
shall also provide the above documentation to the applicant's employing agency.
(2) Qualifications for Agency Inspector Permit - An applicant for an agency inspector permit must
meet the following qualifications:
(a) Has been issued a breath test operator permit by the Department valid at the time that the
application is submitted;
(b) Successfully completes the basic Agency Inspector Course approved by the Criminal Justice
Standards and Training Commission. Successful completion shall require a passing score of at least 80% on
a written examination and a demonstration of proficiency by:
1. Proper inspection of an approved breath test instrument in accordance with the procedures for such
instrument;
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11D-8.008, F.A.C.
2. Proper completion of all required forms.
(c) Submits to the Department a complete written or electronic application and copies of the certificate
of completion, examination results and proficiency testing documentation upon successful completion of
the agency inspector course, but no later than ninety days after completion. The applicant shall also provide
the above documentation to the applicant's employing agency.
(3) Breath Test Operators and Agency Inspectors must satisfy continuing education requirements in
order to maintain valid permits, and must provide proof of compliance to their employing agencies.
Continuing education requires successful completion of the Commission-approved Renewal Course by
June 30 following the four (4) year permit anniversary date, and during each subsequent four-year cycle.
Successful completion of the Commission-approved 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, and such permit shall become inactive
until successful completion of the applicable basic course in paragraph (1)(d) or (2)(b) above. Any permit
that remains inactive under this section for more than three (3) months shall be revoked.
(5) A breath test operator or agency inspector must notify the Department in writing of any change of
employment within thirty days of such change.
(6) 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.
(7) 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.
(8) Any breath test operator or agency inspector who fails to successfully complete the Commissionapproved renewal course shall not perform any duties authorized by the permit until successful completion
of the Commission-approved renewal course if within the continuing education cycle, or Commissionapproved basic course if beyond the continuing education cycle.
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.
Page 27
11D-8.009, F.A.C.
41 of 51 DOCUMENTS
11D-8.009, F.A.C.
11D-8.009 Breath Test Permit - Technician: Annual Training, Revalidation, and Renewal. [Repealed 1-197]
HISTORY
New 10-31-93, Repealed 1-1-97.
Page 29
11D-8.010, F.A.C.
42 of 51 DOCUMENTS
11D-8.010, F.A.C.
11D-8.010 Qualifications for Instructors.

(1) Persons who conduct breath test training courses must have a valid Breath Test Instructor certification
issued by the Criminal Justice Standards and Training Commission, and such persons shall be deemed
permitted by the Department to conduct breath test training courses.
(2) Unless exempted by the Commission, at least once every four years each breath test instructor must
successfully complete the Commission-approved breath test instructor certification renewal course in order
to remain qualified for a breath test instructor certification. Successful completion of the breath test
instructor certification renewal course satisfies that person's agency inspector and breath test operator
continuing education requirements.
(3) Breath test instructors must adhere to and comply with the approved curricula and related forms
when teaching Commission or Department approved courses and processing related documentation.
HISTORY
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02.
Page 31
11D-8.011, F.A.C.
43 of 51 DOCUMENTS
11D-8.011, F.A.C.
11D-8.011 Approval of Blood Alcohol Test Methods.

The Department approves the following test methods for determining blood alcohol level:
(1) Alcohol Dehydrogenase (Enzymatic).
(2) Gas Chromatography.
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.
Page 33
11D-8.012, F.A.C.
44 of 51 DOCUMENTS
11D-8.012, F.A.C.
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 that
does not contain alcohol.
(2) Blood samples must be collected in a glass evacuation tube that contains a preservative such as
sodium fluoride and an anticoagulant such as potassium oxalate or EDTA (ethylenediaminetetraacetic acid).
Compliance with this section can be established by the stopper or label on the collection tube,
documentation from the manufacturer or distributor, or other evidence.
(3) Immediately after collection, the tube must be inverted several times to mix the blood with the
preservative and anticoagulant.
(4) Blood collection tubes must be labeled with the following information: name of person tested, date
and time sample was collected, and initials of the person who collected the sample.
(5) Blood samples need not be refrigerated if submitted for analysis within seven (7) days of
collection, or during transportation, examination or analysis. Blood samples must be otherwise refrigerated,
except that refrigeration is not required subsequent to the initial analysis.
(6) Blood samples must be hand-delivered or mailed for initial analysis within thirty days of collection,
and must be initially analyzed within sixty days of receipt by the facility conducting the analysis. Blood
samples which are not hand-delivered must be sent by priority mail, overnight delivery service, or other
equivalent delivery service.
(7) Notwithstanding any requirements in Chapter 11D-8, F.A.C., any blood analysis results obtained, if
proved to be reliable, shall be acceptable as a valid blood alcohol level.
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, Amended 7-29-01.
Page 35
11D-8.013, F.A.C.
45 of 51 DOCUMENTS
11D-8.013, F.A.C.
11D-8.013 Blood Alcohol Permit - Analyst.

(1) The application for a permit to determine the alcohol level of a blood sample shall be made on a form
provided by the Department and shall include the following information:
(a) Name and address of applicant;
(b) A copy of state license if licensed, or college transcript;
(c) Name and address of employer and laboratory facility where applicant performs analyses;
(d) Identify at least one Agency for which blood analyses are to be performed pursuant to Chapters
316, 322, and 327, Florida Statutes; and,
(e) A complete description of proposed analytical procedure(s) to be used in determining blood alcohol
level.
(2) Qualifications for blood analyst permit - To qualify, the applicant must meet all of the following
requirements:
(a) Department approval of analytical procedure(s). All proposed analytical procedures will be
reviewed by the Department. The determination of approval will be made by the Department after
considering the recommendation made by the reviewer(s);
(b) Satisfactory determination of blood alcohol level in five proficiency samples provided by the
Department using the proposed analytical procedure. Satisfactory determination shall be made by reporting
results for blood alcohol proficiency samples within the acceptable range for the samples. For blood
alcohol testing, acceptable ranges shall mean the calculated proficiency sample mean + or - 3 standard
deviations iterated twice. The mean and standard deviations will be calculated using the results reported by
the analysts and reference laboratories;
(c) Identify at least one Agency for which blood analyses are to be performed pursuant to Chapters
316, 322, and 327, Florida Statutes; and,
(d) Meet one of the following:
1. Possess a clinical laboratory license in clinical chemistry as a technologist, supervisor or director,
under Chapter 483, Florida Statutes; or
2. Be a licensed physician pursuant to Chapter 458, F.S.; or
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11D-8.013, F.A.C.
3. Complete a minimum of 60 semester credit hours or equivalent of college, at least 15 semester hours
of which must be in college chemistry.
(3) The department shall approve gas chromatographic analytical procedures and enzymatic analytical
procedures based on alcohol dehydrogenase which meet the following requirements:
(a) Includes the approved method used and a description of the method, and the equipment, reagents,
standards, and controls used;
(b) Uses commercially-prepared standards and controls certified by the manufacturer, or laboratoryprepared standards and controls verified using gas chromatography against certified standards. For
commercially-prepared standards and controls, the manufacturer, lot number and expiration date must be
documented for each sample or group of samples being analyzed. For laboratory-prepared standards and
controls, date, person preparing the solution, method of preparation and verification must be documented;
(c) Employs a concentration range over which the procedure is calibrated with documentation
supporting that the calibration is linear over the stated range. The calibration must employ a standard less
than 0.04 g/100mL and a standard greater than 0.20 g/100mL;
(d) Uses a new or existing calibration curve. The new calibration curve must be generated using at
least three (3) standards: one at 0.05 g/100mL or less, one between 0.05 and 0.20 g/100mL (inclusive) and
one at 0.20 g/100mL or higher, and must be verified using a minimum of two (2) controls, one at 0.05
g/100mL or less and one at 0.20g/100mL or higher. The existing calibration curve must be verified using a
minimum of two (2) controls, one at 0.05 g/100mL or less and one at 0.20g/100mL or higher;
(e) Includes the analysis of a blank, alcohol-free control, and the analysis of a whole blood or serum
control;
(f) A gas chromatographic analytical procedure must discriminate between methanol, ethanol, acetone
and isopropanol and employ an internal standard technique;
(g) An enzymatic analytical procedure based on alcohol dehydrogenase must use the procedure
recommended by the instrument manufacturer/test kit vendor for whole blood alcohol analysis, and the
enzyme used must have sufficient selectivity to provide negligible cross-reactivity towards methanol,
acetone and isopropanol.
(4) The permit shall be issued by the Department for a specific method and procedure. Any substantial
change to the method, analytical procedure, or laboratory facility must receive prior approval by the
Department before being used to determine the blood alcohol level of a sample submitted by an agency.
The Department shall determine what constitutes a substantial change.
(5) An analyst shall only use a Department-approved procedure to determine the blood alcohol level of
samples submitted by an agency. Approval of blood alcohol analysis methods and procedures shall be
based on rule requirements in effect at the time they were submitted for approval.
AUTHORITY: Specific Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3) 322.63(3)(b),
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)(b), (e),
327.353(2), 327.354(3) FS.
HISTORY
New 10-31-93, Amended 4-1-94, 2-1-95, 1-1-97, 11-5-02.
ANNOTATIONS
Compliance
Page 37
11D-8.013, F.A.C.
The court held that the state had substantially complied with statute and regulations governing blood
alcohol testing, even though control substance, which measured ability of test device to distinguish between
ethyl alcohol and related chemicals, was being used past its expiration date in contravention of Rule 11D8.013(1)(e)2.a., F.A.C. State v. St. Pierre, 693 So. 2d 102 (1997).
Page 39
11D-8.014, F.A.C.
46 of 51 DOCUMENTS
11D-8.014, F.A.C.
11D-8.014 Blood Alcohol Permit - Analyst: Renewal.

(1) Permits to conduct blood alcohol analyses shall remain valid until otherwise suspended or revoked by
the Department. In order to remain qualified for such permit, an analyst must satisfactorily determine the
blood alcohol level of at least two (2) proficiency samples provided by the Department each annual quarter.
Satisfactory determination shall be made by reporting results for blood alcohol proficiency samples within
the acceptable range for the samples. For blood alcohol testing acceptable ranges shall mean the calculated
proficiency sample mean + or - 3 standard deviations iterated twice. The mean and standard deviations will
be calculated using the results reported by the analysts and reference laboratories.
(2) An analyst, who is in good standing, may elect to not participate in one proficiency test cycle each
calendar year. The analyst must notify the Department in writing, of his/her election prior to the date the
proficiency test results must be reported to the Department.
(3) Upon notification by the Department that an analyst has failed to satisfactorily determine the blood
alcohol level on any set of proficiency samples, the analyst shall be required to satisfactorily determine the
blood alcohol level of a second set of five proficiency samples provided by the Department.
(4) Upon notification by the Department that an analyst has failed to satisfactorily determine the blood
alcohol level on a second set of proficiency samples, the analyst shall not perform any duties authorized by
the analyst's permit until the analyst satisfactorily determines the blood alcohol level of a subsequent set of
proficiency samples provided by the Department. This section shall not preclude the Department from
taking further action in accordance with Rule 11D-8.015, F.A.C.
(5) Failure to satisfactorily determine the blood alcohol level of any six (6) sets of proficiency samples
provided by the Department within a twelve (12) month period shall result in revocation of the blood
analyst permit.
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.
Page 41
11D-8.015, F.A.C.
47 of 51 DOCUMENTS
11D-8.015, F.A.C.
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) Fails to meet the permit qualifications under these rules.
(b) Has been convicted of any of the following offenses in any federal or state court:
1. Any felony;
2. Any misdemeanor involving perjury, false statements or falsification of records;
3. Criminal conviction for any violation of Chapter 893, Florida Statutes;
4. Driving under the influence of alcoholic beverages or drugs during the five years prior to submitting
the application;
5. Leaving the scene of a crash involving death or serious bodily injury.
(c) Knowingly performing the duties of a breath test operator, agency inspector, breath test instructor,
or analyst without a valid applicable permit.
(d) Had the permit previously revoked.
(2) The Department is authorized to suspend any permit for a period of six months for any of the
following reasons:
(a) Failure to prepare and maintain breath or blood testing records as required by these rules.
(b) Failure to continue to meet the qualifications for such permit.
(c) Any violation of these rules, or aiding and abetting any violation of these rules.
(3) The Department is authorized to revoke any permit for any of the following reasons:
(a) Knowingly making a false statement or providing false information on any document required by
these rules.
(b) Knowingly making a false statement or providing false information on any application for permit
submitted to the Department.
(c) Being convicted after issuance of the permit of any of the following offenses in any federal or state
Page 42
11D-8.015, F.A.C.
court:
1. Any felony;
2. Any misdemeanor involving perjury, false statements or falsification of records;
3. Driving under the influence of alcoholic beverages or drugs;
4. Leaving the scene of a crash involving death or serious bodily injury;
5. Any criminal violation of Chapter 893, Florida Statutes.
(d) Performing the duties of a breath test operator, agency inspector, breath test instructor, or analyst
with knowledge that the applicable permit is suspended.
(e) Having had the permit previously suspended for any violation of these rules.
(4) The Department is authorized to require a breath test operator, agency inspector, breath test
instructor, or analyst who violates any of these rules to attend additional training or education related to
their certification or permit.
(5) The Department is authorized to invalidate the registration of any evidential instrument for a
violation of any rule relating to the use, custody and care of such instrument.
(6) All permits and registrations which have been suspended, revoked or invalidated must be
surrendered to the Department upon demand.
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.
Page 44
11D-8.016, F.A.C.
48 of 51 DOCUMENTS
11D-8.016, F.A.C.
11D-8.016 Administrative Hearings.

All proceedings concerning the revocation, suspension, or denial of permits shall be conducted in
accordance with Chapter 120, F.S., and the Florida Administrative Code.
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 7-29-01.
Page 46
11D-8.017, F.A.C.
49 of 51 DOCUMENTS
11D-8.017, F.A.C.
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 2002. FDLE/ATP Form
24 - Agency Inspection Report - Revised March 2001. FDLE/ATP Form 32 - Certificate of Assurance Revised March 2001. FDLE/ATP Form 34 - Instrument Evaluation Procedures - Revised March 2002.
FDLE/ATP Form 35 - Department Inspection Procedures - Revised March 2002. FDLE/ATP Form 36 Department Inspection Procedures - Intoxilyzer 8000 - March 2002. FDLE/ATP Form 37 - Intoxilyzer
Operational Procedures - Intoxilyzer 8000 - March 2002. FDLE/ATP Form 38 - Breath Alcohol Test
Affidavit - Intoxilyzer 8000 - March 2002. FDLE/ATP Form 39 - Agency Inspection Procedures Intoxilyzer 8000 - March 2002. 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.
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)
(b), 327.354(3) FS.
HISTORY
New 10-31-93, Amended 2-1-95, 1-1-97, 7-29-01, 11-5-02.
Page 48
11D-8.018, F.A.C.
50 of 51 DOCUMENTS
11D-8.018, F.A.C.
11D-8.018 Transition Clause. [Repealed 1-1-97]

Law Implemented 316.1932(1)(b)2., 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 327.354(3)
FS.
HISTORY
New 10-31-93, Repealed 1-1-97.
Page 50
15-1.014, F.A.C.
51 of 51 DOCUMENTS
TITLE 15 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
CHAPTER 15-1 ORGANIZATION AND OPERATION
15-1.014, F.A.C.
15-1.014 Forms; Division of Driver Licenses.

Forms are assigned by the Department to each Bureau as follows: HSMV-71000 series, Bureau of Field
Operations; HSMV-72000 series, Bureau of Driver Improvement; HSMV-73000 series, Bureau of Records;
HSMV-74000 series, Bureau of Financial Responsibility; and HSMV-75000 series, Bureau of Uniform
Traffic Citations.
(1) DHSMV-D-3L
Physicians Recommendation Letter to DL Medical
Advisory Board
(2) DL-4D
Parent Consent for Driver Application of Minor
Under 18
(3) DHSMV-D-5B
Notice of Driver License Status, Outstanding
Summons
(4) DHSMV-D-5C
Notice of Driver License Status, Outstanding
Revocation, Suspension, or Cancellation
(5) DHSMV-D-6
Court Report, Failure to Appear
(6) DHSMV-D-007
Change of Address
(7) DHSMV-D-10
Report of Eye Examination
(8) DHSMV-D-23
Division of Driver License, Military Affidavit
(9) DHSMV-D-32F
DL Application-Out of State/County App.
(10) DHSMV-D-33
DL Application, State of Florida
(11) DHSMV-D-34
Florida D/L Exam & Application
(12) DHSMV-D-035
D/L Re-examination Applicatiion
(13) DHSMV-D-036
D/L Safe Driver Renewal Application
(14) DL-37-1D
Application for ID Card
(15) DHSMV-D-54-B
Implied Consent Suspension Letter
(16) DHSMV-D-100-B
Order of License Revocation or Suspension
(17) DHSMV-D-100-C
Order of License Revocation, Suspension, or
Cancellation
(18) DHSMV-D-100-L
Driver Information Request
(19) DHSMV-D-090
List, Driver Improvement Courses in Florida
(20) DHSMV-D-092
List, Alcohol Education Courses in Florida
(21) DL-250
Request for Information from DL Records
(22) DHSMV-252
Instructions for Requesting Information
from Driver License Record
(23) DHSMV-252-A
Instructions for Requesting Driver
Information By Punched Cards
Page 51
15-1.014, F.A.C.
(24) DHSMV-D-300
(25) DL-302
(26) DHSMV-D-306
(27) DHSMV-D-307
(28) DHSMV-D-310
(29) DHSMV-D-320
(30) DHSMV-D-334L
(31) DHSMV-D-400.0
(32)
(33)
(34)
(35)
DHSMV-D-400-1
DHSMV-D-020
DL-423
DHSMV-D-425.1L
(36) DHSMV-D-447
(37)
(38)
(39)
(40)
(41)
(42)
DHSMV-D-472
DHSMV-D-480-490
DHSMV-D-499
DHSMV-D-520
DHSMV-D-521
DHSMV-D-624
(43) DHSMV-D-634
(44) DHSMV-D-643L
(45) DHSMV-D-643.1L
(46) DL-644
(47) DHSMV-D-646L
(48) DHSMV-D-647L
(49) DHSMV-D-648L
(50) DHSMV-D-648.1L
(51) DHSMV-D-649
(52)
(53)
(54)
(55)
(56)
(57)
(58)
(59)
(60)
(61)
DHSMV-D-706
DHSMV-D-709
DHSMV-D-709A
DHSMV-D-709B
DHSMV-D-709C
DHSMV-D-704
DHSMV-D-710D
DHSMV-D-710A
DHSMV-D-710B
DHSMV-D-710C
Bureau of Driver Improvement, Authority

for Reinstatement Examination
Division of Driver License, Hearing Officer's
Report
Request for Administrative Hearing
Administrative Hearing Affidavit Form
Court Order Requesting Temporary
Restricted License
Driver License Voluntarily Surrendered
Acknowledgement of Receipt of
Correspondence
Information for Applicants, Medical
Impairment
Neurological Guidelines for App.
Transmittal of Out-of-State Driver License
DHSMV Medical Report (Completed by Physician)
Letter of License Revocation for Inadequate
Vision
Letter or Receipt, Notification of Physical
Condition
Interpreter's Affidavit
Exam series
Division of Drivers License Admittance Slip
Statement of Applicant Concerning DL
Request for Letter of Clearance
Denial of Refund Request or for Obtaining
Additional Information From Subject (letter)
Rejection Notice (Fees)
Driver Licenses Renewal Instructions
(Out-of-State)
Summary of Instructions for Florida DL to
Applicant and Examiner
Refund Request
Renewal and Re-exam Instructions to Florida
Residents Temporarily Out-of-Country
Letter of Instructions and Test to Examiner
Conducting Test Out-of-Country
Instructions for Replacement or Duplicate
License to Florida Residents Temporarily
Out-of-State
Letter to License Reference Requirements
Necessary for Extension on Temporary Permit
Flyer to Accompany License Issued to Applicants
Out-of-State, Requesting them to Obtain
Replacement License upon Return to Florida
Letter of Transmittal
Bureau of FR Voucher
Record of Unsatisfied Judgment (FR)
Satisfaction of Judgment (FR)
Authorization to Pay Security (FR)
DL or Tag and Registration Receipt
Original Notice (FR)
Notice of Policy Under Fla. FR Law
Page 52
15-1.014, F.A.C.
(62) DHSMV-D-711-L
(63) DHSMV-D-714
(64) DHSMV-D-716/730
(65) DHSMV-D-717
(66) DHSMV-D-729A
(67) DHSMV-D-729B
(68) DHSMV-D-735
(69) DHSMV-D-736
(70) DHSMV-D-749
(71)
(72) STFR-7
(73) STFR-9B(m)
(74) STFR-14
(75) STFR-18
(76) DHSMV-D-095
(77) STFR-36(m)
(78) DHSMV-D-708
(79)
(80) --
(81) --
(82)
(83)
(84)
(85)
(86)
(87)
-------
(88) -(89) --
(90) -(91) DHSMV-D-3

(92) DHSMV-D-500
(93) DL-02
(94) -(95) DL-38
(96) DL-39
(97) FUTC
(98) DHSMV-D-312L
(99) DHSMV-D-400L
(100) DL-419
(101) DHSMV-D-428L
(102) DHSMV-D-429L
(103) DHSMV-D-430
(104) DHSMV-D-702
(105) STFR-7A
FR Order of Suspension
Release of All Claims
Property Damage Bodily Injury Affidavit
Bond (FR)
Instruction Sheet (FR)
Instructions Sheet (FR) (Spanish)
Affidavit
Agreement for Release and Monthly Repayment Note
Application for Hearing (FR)
Receipt, for DL, Tags, and/or Registration
Receipt of Bond (FR)
Satisfaction of Judgment
FR Release
Receipt for Reinstatement Fee/Security Deposit
Report of Completion of Driver Improvement
School
Agreement for Release and Monthly Repayment Note
FR Deposit
Original Application for a License to Conduct a
Commercial Driving School
Original Application for an Instructor's or
Agent's
Certificate
Physical Examination for Commercial Driving
School
Instructors
Renewal - Commercial Driving School Registration
Renewal - Instructors Certificate
Driver Education Certificates, Issuance Form
Inspection Report of Commercial Driving Schools
Lost Draft Affidavit (General)
Physician's Certificate Regarding Narcotic/
Barbiturate and/or Amphetamine Addiction
Affidavit, Finger Prints
Information Sheet - Information Needed to be
considered for Licensing When Wearing Telescopic
Lenses - To Accompany DL-10
Re-examination Notice, due to Reported Inability
(letter)
Florida Driver Re-examination Facts
Driver License Examiner, Career Facts
Florida Driver Handbook
Florida Driver Handbook (Spanish)
Florida Driver License
Florida Identification Card
Florida Uniform Traffic Citation
Notice of Administrative Hearing
Report of Driving Problem
Re-examination Investigation
Notice of Examination
Report of Serious Doubt
Report of Failure to Complete Driver Improvement
School
Request for Implied Consent Information
Bond Release
Page 53
15-1.014, F.A.C.
(106) STFR-9
(107) STFR-33(M)
Deposit Release
FR Reinstatement Fee
AUTHORITY: Specific Authority 322.02 FS.

Law Implemented 120.53(1)(b) FS.
HISTORY
New 11-11-81, Formerly 15-1.14, Amended 11-19-92.

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

11D-8.0035 Approval of Alcohol Reference Solution and Sources.

11D-8.0036 Approval of Dry Gas Standards Source.

11D-8.004 Department Inspection and Registration of Breath Test Instruments.

11D-8.005 Periodic Department Inspections of Breath Test Instruments. [Repealed 1-1-97]

11D-8.006 Agency Inspection of Breath Test Instruments.

11D-8.0075 Agency Retention of Records.

11D-8.008 Breath Test Operator and Agency Inspector.

11D-8.010 Qualifications for Instructors.

11D-8.011 Approval of Blood Alcohol Test Methods.

11D-8.012 Blood Samples - Labeling and Collection.

11D-8.013 Blood Alcohol Permit - Analyst.

11D-8.014 Blood Alcohol Permit - Analyst: Renewal.

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

11D-8.016 Administrative Hearings.

11D-8.018 Transition Clause. [Repealed 1-1-97]

15-1.014 Forms; Division of Driver Licenses.

Bureau of Driver Improvement, Authority

(90) -(91) DHSMV-D-3

AUTHORITY: Specific Authority 322.02 FS.

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