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

Universal Citation: FL Admin Code R 11D-8.008

Current through Reg. 50, No. 249, December 24, 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.

(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;

2. Proper completion of all required forms.

(c) Submits to the Department a complete written application, Breath Test Permit Application, FDLE/ATP Form 8, upon successful completion of the agency inspector course, but no later than 90 days after completion.

(d) Present employment by an agency or the Department.

(3) Breath Test Operators and Agency Inspectors must satisfy continuing education requirements in order to maintain valid permits. Continuing education requires successful completion of the applicable Commission-approved Renewal Course by June 30 following the fourth permit anniversary date, and at least once during each subsequent 4-year cycle. Successful completion of the Commission-approved Agency Inspector Course or 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 until successful completion of the applicable renewal course.

(5) Permits to conduct breath tests and inspect breath test instruments issued pursuant to this rule section shall remain valid until such permits expire on December 31st following the mandatory continuing education due date without completion of such training.

(6) 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.

(7) Any breath test operator or agency inspector whose permit has expired pursuant to subsection (5) of this rule section or who fails to successfully complete the Commission-approved renewal course shall not perform any duties authorized by the permit until successful completion of the Commission-approved basic course.

(8) Members of the Department's Alcohol Testing Program who instruct Commission-approved breath test courses may use such course instruction to satisfy their continuing education requirements under this section.

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, 3-27-06, 7-29-15.

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