Current through Reg. 50, No. 249, December 24, 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:
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.
(2)
The Department is authorized to suspend any permit for any of the following
reasons:
(a) Failure to prepare and maintain
breath or blood testing records as required by these rules.
(b) Failure to continue to meet the
qualifications for such permit.
(c)
Any violation of these rules, or aiding and abetting any violation of these
rules.
(3) The Department
is authorized to revoke any permit for any of the following reasons:
(a) Knowingly making a false statement or
providing false information on any agency document or on any document required
by these rules.
(b) Knowingly
making a false statement or providing false information on any application for
permit submitted to the Department.
(c) Being convicted after issuance of the
permit of any of the following offenses in any federal or state court:
2. Any misdemeanor involving perjury, false
statements or falsification of records;
3. Driving under the influence of alcoholic
beverages or drugs;
4. Leaving the
scene of a crash involving death or serious bodily injury;
5. Any criminal violation of chapter 893,
F.S.
(d) Performing the
duties of a breath test operator, agency inspector, or analyst with knowledge
that the applicable permit is suspended or in violation of continuing education
requirements.
(e) Having had the
permit previously suspended for any violation of these
rules.
(4) The Department
is authorized to require a breath test operator, agency inspector, breath test
instructor, or analyst who violates any of these rules to attend additional
training or education related to their certification or permit.
(5) The Department is authorized to
invalidate the registration of any evidential instrument for a violation of any
rule relating to the use, custody and care of such instrument.
(6) All permits and registrations which have
been suspended, revoked or invalidated must be surrendered to the Department
upon demand.
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 316.1933(2)(b),
316.1934(3), 322.63(3)(b),
327.353(2),
327.354(3)
FS.
New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04,
3-27-06.
