Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11D - Division of Local Law Enforcement Assistance › Chapter 11D-8 - IMPLIED CONSENT PROGRAM › Section 11D-8.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Acceptable Range - the results of alcohol
				reference solutions 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
				permit by the Department to conduct blood alcohol analyses.
(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 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, on a single Form 38
				affidavit. 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 - the breath test instrument manufacturer or an entity
				authorized by the breath test instrument manufacturer to service and repair
				such breath test instrument.
(14)
				Blood - human 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 National Institute
				of Standards and Technology or international equivalent traceable standard
				consisting of a mixture of alcohol and gas which produces a known alcohol vapor
				concentration used to verify the accuracy 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) Instrument Registration - when issued by
				the Department, certifies that the specified breath test instrument meets the
				requirements of rules
				 11D-8.003 and
				 11D-8.004, F.A.C, and is
				authorized to be placed into evidentiary use. A breath test instrument
				registration remains valid until relinquished by the agency or suspended or
				revoked by the Department.
(23)
				Methods - types of alcohol analyses approved by the Department to conduct
				chemical or physical tests of blood or breath.
(24) Mouth Alcohol Solution - a mixture of
				alcohol and distilled or deionized water provided by the Department.
(25) 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.
(26) Permit Cycle - the 4-year period in
				which continuing education requirements shall be satisfied. The initial cycle
				due date is June 30th of the fourth year following the initial permit date.
				Subsequent cycles will run for 4-year periods from the initial cycle due date.
EXAMPLE:
Initial Permit Date November 21, 2012
4-year Anniversary Date November 21, 2016
Continuing Education Due Date/Initial Cycle Due Date June 30,
				  2017
(27) Reference Sample
				Device - a device, also known as a simulator, that produces a known vapor
				concentration by the passage of air through a liquid.
(28) 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.
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)2.,
					 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, 7-6-99, 7-29-01, 11-5-02,
					 12-9-04, 3-27-06, 7-29-15.