14018263, 11D-8.014 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14018263

Notice of Development of Rulemaking

Department:

DEPARTMENT OF LAW ENFORCEMENT

Division:

Division of Local Law Enforcement Assistance

Chapter:

IMPLIED CONSENT PROGRAM

Overview

RULE:

11D-8.014

Blood Alcohol Permit - Analyst: Renewal

PURPOSE:

11D-8.014(1):  Reduces the number of proficiency testing cycles from four times per calendar year to two times per calendar year.  According to international accreditation standards, forensic science disciplines should be proficiency tested at least once per calendar year.  Having the permitted blood alcohol analysts complete four proficiency test cycles each calendar year is a costly and places an undue burden on toxicology laboratories.  Reducing the number of proficiency testing cycles to twice per year removes the undue burden while maintaining high standards that exceed accreditation standards.
11D-8.014(2):  Removes the option to not participate in a proficiency test cycle since the number of testing cycles is being reduced.  This change is necessary to bring the rule language in agreement with the proposed proficiency testing cycles in paragraph (1).
11D-8.014(4):  Changes to four sets of samples to coincide with the new proficiency testing cycles.  This change is necessary to bring the rule language in agreement with the proposed proficiency testing cycles in paragraph (1).

SUBJECT:

Blood Alcohol Analyst Permit Renewal process; number proficiency test cycles; and number of sets of proficiency test samples.

RULEMAKING AUTHORITY:

316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS.

LAW:

316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS.

PRINT PUBLISH DATE:

1/7/2014 Vol. 40/04

RELATED STATUTES
AND LAWS:

316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS., 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=11D-8.014&PDate=1/7/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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