Fla. Admin. Code Ann. R. 11D-8.002 - Definitions

(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.

Notes

Fla. Admin. Code Ann. R. 11D-8.002

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, Amended by Florida Register Volume 41, Number 135, July 14, 2015 effective 7/29/2015.

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.