reglab/statecodes huggingface dataset:
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.003 - Approval of Breath Test Methods and Instruments

Current through Reg. 50, No. 138; July 16, 2024
(1) The approved breath test method for
				evidentiary breath testing is Infrared Spectroscopy, also known as Infrared
				Light Absorption.
(2) The
				Department approves breath test methods and new instrumentation to ensure the
				accuracy and reliability of breath test results. The approved breath test
				instrument make and model is the CMI, Inc. Intoxilyzer 8000 using software
				evaluated by the Department in accordance with Instrument Evaluation Procedures
				FDLE/ATP Form 34, revised March 2004, effective date July 2015, hereby
				incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05645
.
				This form may be obtained by contacting the Florida Department of Law
				Enforcement, Alcohol Testing Program, P.O.Box 1489, Tallahassee, Florida
				32302.
(3) A Department inspection
				performed in accordance with Rule
				 11D-8.004, F.A.C., validates the
				approval, accuracy and reliability of an evidentiary breath test
				instrument.
(4) 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.
(5) The availability or
				approval of new instruments, evaluation of software, options or modifications
				does not negate the approval status of previously approved instruments, or
				evaluated software, options or modifications. An approved make and model of a
				breath test instrument remains approved until disapproved by the
				Department.
Rulemaking 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.
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04,
					 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.003 - Approval of Breath Test Methods and Instruments

Current through Reg. 50, No. 138; July 16, 2024
(1) The approved breath test method for
				evidentiary breath testing is Infrared Spectroscopy, also known as Infrared
				Light Absorption.
(2) The
				Department approves breath test methods and new instrumentation to ensure the
				accuracy and reliability of breath test results. The approved breath test
				instrument make and model is the CMI, Inc. Intoxilyzer 8000 and Intoxilyzer
				9000 using software evaluated by the Department in accordance with Instrument
				Evaluation Procedures FDLE/ATP Form 34, revised March 2004, effective date July
				2015, hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05645
.
				This form may be obtained by contacting the Florida Department of Law
				Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida
				32302.
(3) A Department inspection
				performed in accordance with Rule 11D-8.004, F.A.C., validates the approval,
				accuracy and reliability of an evidentiary breath test instrument.
(4) 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.
(5) The availability or approval of new
				instruments, evaluation of software, options or modifications does not negate
				the approval status of previously approved instruments, or evaluated software,
				options or modifications. An approved make and model of a breath test
				instrument remains approved until disapproved by the Department.
Rulemaking 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.
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04,
					 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.0035 - Approval of Alcohol Reference Solution and Sources

Current through Reg. 50, No. 138; July 16, 2024
(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, and 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 0.20g/210L;
(b) 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.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.0035 - Approval of Alcohol Reference Solution and Sources

Current through Reg. 50, No. 138; July 16, 2024
(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 ISO 17034 or similarly accredited
				entity that manufactures alcohol reference solutions and meets the following
				requirements:
(a) The source must prepare
				alcohol reference solution, and 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
				0.20g/210L;
(b) 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.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.0036 - Approval of Dry Gas Standards Source

Current through Reg. 50, No. 138; July 16, 2024
(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 are traceable to the National Institute of Standards and
				Technology.
(b) Each dry gas
				standard lot produced by the source must be certified by the source as to its
				contents and alcohol vapor concentration.
(c) The source must be capable of producing a
				minimum of 300 cylinders of dry gas standard during a thirty day period at an
				alcohol vapor 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.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.004 - Department Inspection and Registration of Breath Test Instruments

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department shall register and inspect
				each individual breath test instrument for accuracy and reliability prior to
				such instrument being initially placed into evidentiary use by an agency. The
				inspection validates that instrument's approval for evidentiary use, and the
				registration completes that instrument's approval pursuant to these rules. The
				registration shall reflect the registration date, the owner of the instrument,
				the instrument serial number, the manufacturer, and the model
				designation.
(2) Registered breath
				test instruments shall be inspected by the Department at least once each
				calendar year to ensure accuracy and reliability, and must be accessible to the
				Department for inspection. A department inspection must be conducted subsequent
				to repair and prior to being placed in evidentiary use.
(3) Department inspections shall be conducted
				in accordance with Department Inspection Procedures FDLE/ATP Form 36, revised
				August 2005, effective date July 2015, hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05654
,
				Department Inspection Report - Intoxilyzer 8000, FDLE/ATP Form 41, revised
				August 2005, effective date July 2015, hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05647
.
				These forms may be obtained by contacting the Florida Department of Law
				Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida
				32302.
(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.
Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a),
					 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.
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04,
					 3-27-06, 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.005 - Periodic Department Inspections of Breath Test Instruments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 316.1932(1)(a)1.,
					 322.63(3)(a),
					 327.352(1)(d)
					 FS. Law Implemented  316.1934(3),
					  322.63(3)(b),
					  327.354(3) 
					 FS.
New 10-31-93, Repealed
					 1-1-97.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.006 - Agency Inspection of Breath Test Instruments

Current through Reg. 50, No. 138; July 16, 2024
(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 the Agency Inspection
				Procedures - Intoxilyzer 8000 FDLE/ATP Form 39, revised August 2005, effective
				date July 2015, hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05652
and the results on Agency Inspection Report - Intoxilyzer 8000 FDLE/ATP Form
				40, created March 2004, effective date July 2015, hereby incorporated by
				reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-056653
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.
(2) 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.
Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a),
					 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.
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04,
					 3-27-06, 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.007 - Approved Breath Test Instruments - Access, Facility Requirements, Observation Period, and Operational Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Evidentiary breath test instruments shall
				only be accessible to a person issued a valid permit by the Department and to
				persons authorized by a permit holder. This section does not prohibit agencies
				from sending an instrument out of evidentiary use to an authorized repair
				facility or the Department via common carrier transport. Only authorized repair
				facilities or the Department are authorized to remove the top cover of an
				Intoxilyzer 8000 evidentiary breath test instrument.
(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 8000 instrument, a breath test operator shall conduct a breath test
				in accordance with Operational Procedures - Intoxilyzer 8000 FDLE/ATP Form 37,
				revised August 2005, effective date July 2015, hereby incorporated by
				reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05648
,
				and the results of the test shall be recorded on the Breath Alcohol Test
				Affidavit - Intoxilyzer 8000 FDLE/ATP Form 38, created March 2004, effective
				date July 2015, hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05649
.
				Forms FDLE/ATP 37 and FDLE/ATP 38 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.
Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a),
					 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.
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04,
					 3-27-06, 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.0075 - Agency Retention of Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				agency shall maintain the following records for at least three years from the
				last entry date: agency inspection reports 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.
				Dry gas standard certificates of analysis shall be retained by an agency for at
				least three years after receipt. These records shall be accessible to the
				Department upon request.
(2) At
				least once each calendar month each agency shall electronically transmit to the
				Department all breath tests conducted on that agency's Intoxilyzer 8000
				evidentiary breath test instruments.
(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.
Rulemaking 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.
New 7-29-01, Amended 11-5-02, 12-9-04,
					 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.008 - Breath Test Operator and Agency Inspector

Current through Reg. 50, No. 138; July 16, 2024
(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;
(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 application, Breath Test Permit
				Application, FDLE/ATP Form 8, revised October 2007, effective date July 2015,
				hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05642
,
				upon successful completion of the breath test operator course, but no later
				than 90 days after completion. This form may be obtained by contacting the
				Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, Florida
				32302. Agencies will be provided blank forms upon request and without cost for
				their alcohol testing program use.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.010 - Qualifications for Instructors

Current through Reg. 50, No. 138; July 16, 2024
(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, each breath test instructor must successfully
				complete the Commission-approved breath test instructor certification renewal
				course pursuant with rule
				 11B-20.0017, F.A.C., to remain
				qualified for a breath test instructor certification. Successful completion of
				the Commission-approved breath test instructor certification course or breath
				test instructor certification renewal course satisfies that person's agency
				inspector and breath test operator continuing education requirements. Each
				breath test instructor must also successfully complete all Department breath
				test instructor update courses.
(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.
Rulemaking 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.
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04,
					 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.011 - Approval of Blood Alcohol Test Methods

Current through Reg. 50, No. 138; July 16, 2024
The Department approves the following test methods for
				  determining blood alcohol level:
Gas Chromatography.
Rulemaking 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.
New 10-31-93, Amended
					 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.012 - Blood Samples - Labeling and Collection

Current through Reg. 50, No. 138; July 16, 2024
(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.
Rulemaking 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.
New 10-31-93, Amended
					 7-29-01.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.013 - Blood Alcohol Permit - Analyst

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The application for a permit to determine the alcohol level of a blood sample
				shall be made on the Application for Permit to Conduct Blood Alcohol Analyses
				FDLE/ATP Form 4, revised December 2014, effective date July 2015, hereby
				incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-05640
,
				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, F.S.; and,
(e) A
				complete description of proposed analytical procedure(s) to be used in
				determining blood alcohol level.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.014 - Blood Alcohol Permit - Analyst: Renewal

Current through Reg. 50, No. 138; July 16, 2024
(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 2 proficiency samples provided by
				the Department semiannually. 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) 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.
(3)
				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.
(4) Failure to satisfactorily determine the
				blood alcohol level of any 4 sets of proficiency samples provided by the
				Department within a 12-month period shall result in revocation of the blood
				analyst permit.
Rulemaking 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.
New 10-31-93, Amended 1-1-97, 11-5-02,
					 5-29-14.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.015 - Denial, Revocation, and Suspension of Permits

Current through Reg. 50, No. 138; July 16, 2024
(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, F.S.;
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 under
				subsection (3) below.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.016 - Administrative Hearings

Current through Reg. 50, No. 138; July 16, 2024
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.
Rulemaking 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),
					  327.353(2),
					  327.354(3) 
					 FS.
New 10-31-93, Amended
					 7-29-01.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.017 - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking 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),
					  316.1933(2)(b),
					  316.1934(3),
					  322.63(3)(b),
					  327.352(1)(e),
					  327.353(2)(b),
					  327.354(3) 
					 FS.
New 10-31-93, Amended 2-1-95, 1-1-97, 7-29-01, 11-5-02,
					 12-9-04, 3-27-06, Repealed 7-29-15.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.018 - Transition Clause (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 316.1932(1)(a)1.,
					 322.63(3)(a),
					 327.352(1)(d)
					 FS. Law Implemented 316.1932(1)(a)2.,
					  316.1933(2)(b),
					  316.1934(3),
					  322.63(3)(b),
					  327.353(2),
					  327.354(3) 
					 FS.
New 10-31-93, Repealed
					 1-1-97.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-9 - EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM › Section 11D-9.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in these rules, except where the context clearly
				  indicates a different meaning, the following terms shall have the meaning
				  indicated:
(1) "Act" means the Omnibus
				Crime Control and Safe Streets Act of 1968,  34 U.S.C. 3701, et. seq., as
				amended.
(2) "BJA" means the Bureau
				of Justice Assistance, Office of Justice Programs, U.S. Department of
				Justice.
(3) "JAG" means the Edward
				Byrne Memorial Justice Assistance Grant Program.
(4) "JAG-Countywide" means the 60% funding
				stream formerly known as the Byrne Program.
(5) "JAG-Direct" means the 40% funding stream
				formerly known as the Local Law Enforcement Block Grant Program.
(6) "Criminal Justice System" means agencies
				established by state and local units of government to apprehend, prosecute, and
				adjudicate criminal offenders, including correctional agencies established to
				carry out the sentence imposed upon criminal offenders.
(7) "Department" means the Florida Department
				of Law Enforcement.
(8) "Eligible
				Application" is an application for Act funds, which meets the requirements of
				rules  11D-9.001,
				 11D-9.002,
				 11D-9.005 and
				 11D-9.006, F.A.C.
(9) "Local Applicant" means any governing
				body of a city or county, however styled, including that of a consolidated or
				metropolitan government and including an Indian Tribe which performs law
				enforcement functions as determined by the Secretary of the Interior.
(10) "OCJG" means the Office of Criminal
				Justice Grants, Business Support Programs, Florida Department of Law
				Enforcement.
(11) "State Applicant"
				means any unit of the executive, legislative or judicial branches of state
				government which performs functions related to the purposes of the
				Act.
(12) "Statewide Strategic
				Plan" means a comprehensive plan developed in consultation with key
				stakeholders, as identified in the Omnibus Crime Control and Safe Streets Act,
				Section 502 (6)(a), detailing how grants adminstered under the JAG-Countywide
				and JAG-Direct Programs will be used to improve the criminal justice
				system.
(13) "Substance Abuse and
				Violent Crime Identification Matrix" means a set of statistical factors and
				values used by the Department to ascertain the degree of the drug problem or
				violent crime within any particular county relative to any other particular
				county.
Rulemaking Authority
					 943.03(4),
					 943.403 FS. Law Implemented
					 943.25(1),
					 943.402
					 FS.
New 2-6-90, Amended 4-2-92, 2-7-95, Formerly 9G-16.002,
					 Amended 3-8-99, Formerly 9B-61.002, Amended 11-5-02, 3-27-06, 3-13-13,
					 7-9-19.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-9 - EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM › Section 11D-9.002 - Funds Availability

Current through Reg. 50, No. 138; July 16, 2024
(1)
				JAG-Countywide. The amount of funds available shall be that amount allocated
				each federal fiscal year to the State of Florida by the federal government
				under the Act and appropriated by the legislature.
(2) The Department shall attempt to obligate
				all of the funds available in the current federal fiscal year, but may obligate
				part or all of the funds in a later federal fiscal year, when permitted by
				Federal law and applicable Florida Statutes.
(3) The Department shall establish a
				Substance Abuse and Violent Crime Identification Matrix, comprised of
				population and crime data, which shall be used, to determine the amount of
				funds allocated to each county in accordance with paragraph
				 11D-9.002(4)(c),
				F.A.C., of this subsection. Through analysis of statewide databases, the
				Department shall determine the rate, trend and magnitude of the following group
				indices and their identified variables for the most recent five years of
				available data in each of Florida's counties:
(a) Violent Crime Index.
1. Number of Burglary Offenses.
2. Number of Larceny Offenses.
3. Number of Robbery Offenses.
4. Number of Murder
				Offenses.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-9 - EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM › Section 11D-9.003 - Limitations on Funds Use (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03(4),
					 943.403 FS. Law Implemented
					 943.25(1),
					 943.402
					 FS.
New 2-6-90, Amended 4-2-92, Formerly 9G-16.006, 9B-61.006,
					 Amended 11-5-02, Repealed 3-27-06.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-9 - EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM › Section 11D-9.004 - Eligible Purposes and Programs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 943.03(4),
					 943.403 FS. Law Implemented
					 943.25(1),
					 943.402
					 FS.
New 2-6-90, Amended 2-7-95, Formerly 9G-16.007, 9B-61.007,
					 Amended 11-5-02, Repealed 3-27-06.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-9 - EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM › Section 11D-9.005 - Application and Award Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Statewide Strategic Plan. The Department shall develop a Statewide plan to
				determine how grants received under the Edward Byrne Memorial Justice
				Assistance Grant Program will be used to improve the administration of the
				criminal justice system. The plan shall:
(a)
				Be designed in consultation with local governments and representatives of all
				segments of the criminal justice systems as outlined in the Act, Section
				502(6)(A);
(b) Include a
				description of how the State will allocate funding within the JAG program areas
				identified in the Act, Section 501(a)(1);
(c) Describe the process used by State for
				gathering evidenced-based data and the use of such data in support of funding
				decisions; and
(d) Be updated every
				5 years.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-9 - EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM › Section 11D-9.006 - Forms and Instructions

Current through Reg. 50, No. 138; July 16, 2024
Copies of the materials and forms required for the
				  application process in rule
				   11D-9.005, F.A.C., are
				  incorporated by reference herein may be obtained through the electronic grants
				  management system, the Office of Criminal Justice Grants website, by email to
				  criminaljustice@fdle.state.fl.us, or by writing or calling: Office of Criminal
				  Justice Grants, Department of Law Enforcement, 2331 Phillips Road, Tallahassee,
				  Florida 32308, Telephone (850)617-1250.
Forms Required
(1) Project Expenditure Report
https://www.flrules.org/Gateway/reference.asp?No=Ref-02283
OCJG-001 (rev. June 2012)
(2) Financial Closeout Audit
https://www.flrules.org/Gateway/reference.asp?No=Ref-02284
OCJG-002 (rev. June 2012)
(3) PGI Budget Request
https://www.flrules.org/Gateway/reference.asp?No=Ref-02285
OCJG-003 (rev. June 2012)
(4) PGI Earnings and Expenditure Report
https://www.flrules.org/Gateway/reference.asp?No=Ref-02287
OCJG-004 (rev. June 2012)
(5) Application for Funding Assistance
OCJG-005 (rev. April 2005)
(6) Confidential Funds Certification
OCJG-008 (rev. October 2005)
(7) Criminal Intelligence System Certification
OCJG-009 (rev. October 2005)
(8) Automated Data Processing (ADP) Equipment and
							 Software and Criminal Justice
Information and Communication Systems Request for
							 Approval Form
OCJG-010 (rev. October 2005)
(9) Sole Source Justification for Services and
							 Equipment Request for Approval Form
https://www.flrules.org/Gateway/reference.asp?No=Ref-02288
OCJG-011 (rev. June 2012)
(10) Certificate of Acceptance of Subgrant
							 Award
https://www.flrules.org/Gateway/reference.asp?No=Ref-02289
OCJG-012 (rev. June 2012)
(11) Refund Form
https://www.flrules.org/Gateway/reference.asp?No=Ref-02290
OCJG-018 (created June 2012)
(12) Grant Adjustment Notice
https://www.flrules.org/Gateway/reference.asp?No=Ref-02314
OCJG-020 (created June 2012)
(13) Performance Report
http://www.flrules.org/Gateway/reference.asp?No=Ref-02292
OCJG-023 (created June 2012)
(14) Certificate of Participation
https://www.flrules.org/Gateway/reference.asp?No=Ref-02293
OCJG-024 (created June 2012)
(15) Request for Cash Advance
https://www.flrules.org/Gateway/reference.asp?No=Ref-02315
OCJG-025 (created June 2012)
(16) PGI Budget Approval
https://www.flrules.org/Gateway/reference.asp?No=Ref-02295
OCJG-026 (created June 2012)
(17) Certification as to Bulletproof Vest Purchase
							 Requirements
https://www.flrules.org/Gateway/reference.asp?No=Ref-02296
OCJG-027 (created June 2012)
Rulemaking Authority
					 943.03(4),
					 943.403 FS. Law Implemented
					 943.25(1),
					 943.402
					 FS.
New 2-6-90, Amended 2-7-95, Formerly 9G-16.009, Amended
					 6-22-00, Formerly 9B-61.009, Amended 11-5-02, 3-27-06, 3-13-13,
					 7-9-19.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-10 - FLORIDA LAW ENFORCMENT OFFICERS' HALL OF FAME › Section 11D-10.001 - Eligibility Requirments

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				nominated for induction into the Florida Law Enforcement Officers' Hall of Fame
				shall meet the following minimum eligibility requirements:
(a) An active, retired, or deceased Florida
				law enforcement officer as defined in Section
				 943.10(1),
				F.S.;
(b) Born in Florida or
				adopted Florida as their home state pursuant to Section
				 222.17, F.S.;
(c) Served in the field of law enforcement in
				the State of Florida;
(d) Exhibited
				excellent character within the line of duty and to the community for which
				he/she served. For the purpose of this rule, the term excellent character means
				the officer has exhibited good moral character pursuant to Rule
				 11B-27.0011, F.A.C.;
				and,
(e) Be of good reputation
				among peers and in the community served.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-10 - FLORIDA LAW ENFORCMENT OFFICERS' HALL OF FAME › Section 11D-10.002 - Nomination Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Between July 1
				and August 31 of each calendar year, the Florida Department of Law Enforcement
				shall accept a maximum of three nominations from each of the following
				associations:
(a) Florida Police Chiefs
				Association;
(b) Florida Sheriffs
				Association;
(c) Florida Police
				Benevolent Association;
(d)
				Fraternal Order of Police; and,
(e)
				State Law Enforcement Chiefs Association.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-10 - FLORIDA LAW ENFORCMENT OFFICERS' HALL OF FAME › Section 11D-10.003 - Selection Committee

Current through Reg. 50, No. 138; July 16, 2024
(1) Nominations for
				induction into the Florida Law Enforcement Officers' Hall of Fame will be
				reviewed to ensure nominations were received by the established deadline,
				nominees meet the eligibility requirements pursuant to subsection
				 11D-10.001(1),
				F.A.C., and the nomination package complies with the requirements of rule
				 11D-10.002, F.A.C.
(2) A Florida Law Enforcement Officers' Hall
				of Fame Selection Committee is established. The Selection Committee shall be
				comprised of an individual from each of the nominating organizations pursuant
				to subsection  11D-10.002(1),
				F.A.C.
(3) The Selection Committee
				shall deliberate and select no more than 5 nominees to be transmitted each
				calendar year to the Governor and Cabinet for possible induction into the
				Florida Law Enforcement Officers' Hall of Fame.
Rulemaking Authority
					 265.0041(5) FS.
					 Law Implemented 265.0041
					 FS.
New 7-29-15, Amended
					 7-9-19.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-11 - SOLICITING FOR PROSTITUTION DATABASE › Section 11D-11.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) For implementation of this rule chapter
				the term "subsequently committed" as provided in Section
				 943.0433(2)(a),
				F.S. shall mean: having been found guilty as a result of a trial or having
				entered a plea of guilty or nolo contendere, regardless of whether adjudication
				is withheld.
(2) For implementation
				of this rule chapter the term "full legal name" as provided in Section
				 943.0433(3)(a),
				F.S. shall mean the full name as recorded in the criminal history record
				provided by the clerk of court pursuant to Section
				 796.07(5)(e),
				F.S.
(3) For implementation of this
				rule chapter the term "last known address" as provided in Section
				 943.0433(3)(b),
				F.S. shall mean the last known address as recorded in the criminal history
				record provided by the clerk of court pursuant to Section
				 796.07(5)(e),
				F.S.
(4) For implementation of this
				rule chapter the term "color photograph" as provided in Section
				 943.0433(3)(c),
				F.S. shall mean a photograph of the individual as contained in the criminal
				history or booking record of the individual if applicable.
Rulemaking Authority
					 943.03(4),
					 943.0433(4) FS.
					 Law Implemented 943.0433
					 FS.
New 5-5-20, Amended
					 5-20-21.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-11 - SOLICITING FOR PROSTITUTION DATABASE › Section 11D-11.002 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon receipt of a criminal history record
				that the clerk of court has determined to meet the requirements of Section
				 796.07(5)(e),
				F.S. for inclusion on the Soliciting for Prostitution Database, the Department
				shall add such record to the database as required by Section
				 943.0433(1),
				F.S.
(2) The Department shall
				remove a criminal history record from the database only upon satisfaction of
				the requirements in Section
				 943.0433(2),
				F.S. Petitioners seeking removal of the database shall submit a completed
				Petition for Removal from the Solicitation for Prostitution Database, form
				FDLE/SFPDB-01, revised 05/21, hereby incorporated by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-13163
.
Rulemaking Authority
					 943.03(4),
					 943.0433(4) FS.
					 Law Implemented 943.0433
					 FS.
New 5-5-20, Amended
					 5-20-21.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-12 - SEXUAL OFFENSE KIT TRACKING DATABASE › Section 11D-12.001 - Defiinitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Rule
				   11D-12.002, F.A.C., the
				  following definitions apply:
(1) "Kit"
				shall mean a Florida sexual offense evidence kit or other sealed package
				containing samples collected from the alleged victim's body.
(2) "Participating Entities" shall mean
				entities that participate in the statewide database as described in Sectrion
				 943.326(4)(c),
				F.S.
(3) "Software" shall mean
				STACSTMDNA Track-KitTM
				cloud-based software.
(4)
				"Administrator" shall mean a participating entity's designated individual who
				shall have add, delete, and editing authority of its users.
(5) "Forensic Medical Exam Facility" means a
				participating entity responsible for collecting a kit, or other DNA evidence
				from an alleged victim of a sexual offense.
(6) "Vendor" shall mean a company doing
				business with FDLE to prepare barcoded "kits" for the statewide
				database.
(7) "Non-reporting kit"
				shall mean a "kit" collected from an alleged victim who has not filed a report
				with law enforcement, and whose identity is not disclosed to law
				enforcement.
(8) "DNA match" shall
				mean an association made to a DNA reference sample from a person deemed by
				investigators to be a suspect or person of interest via direct submission to
				the laboratory or through the DNA investigative support
				database.
Rulemaking Authority
					 943.03(4),
					 943.326(4)(d)
					 FS. Law Implemented 943.326
					 FS.
New 7-20-22.
Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-12 - SEXUAL OFFENSE KIT TRACKING DATABASE › Section 11D-12.002 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Kit tracking. Participating Entities
				shall utilize the software and identify at least one administrator. The
				administrator's contact information shall be provided to FDLE.
(a) Forensic Medical Exam Facilities.
1. Barcoded kits obtained from the vendor
				shall be utilized during the exam. In the event a barcoded kit is not
				available, FDLE shall be contacted.
2. The software shall be utilized to receive
				kits from the vendor.
3. The
				examiner shall claim a kit and indicate the collection date in real time, or no
				later than 24 hours after the collection.
4. If the alleged victim is under 18 years
				old, it shall be indicated.
5. If
				the alleged victim is not filing a police report, it shall be documented, along
				with the location of the kit storage.
6. The examiner shall provide the alleged
				victim with the unique kit number, password, and instructions to be able to
				access the software.
7. The
				administrator shall reset the alleged victim's password, when
				applicable.
8. The kit shall be
				securely and properly stored at the facility until transferred to the law
				enforcement agency, when applicable.
9. If non-reporting kits are stored, it shall
				be indicated when the kit has been destroyed.