Fla. Admin. Code Ann. R. 11D-8.003 - Approval of Breath Test Methods and Instruments

(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.

Notes

Fla. Admin. Code Ann. R. 11D-8.003

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, Amended by Florida Register Volume 41, Number 135, July 14, 2015 effective 7/29/2015, Amended by Florida Register Volume 50, Number 133, July 9, 2024 effective 7/22/2024.

New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 7-29-15.