Notice of Development of Rulemaking

DEPARTMENT OF LAW ENFORCEMENT
Division of Local Law Enforcement Assistance
RULE NO: RULE TITLE
11D-8.002: Definitions
11D-8.003: Approval of Breath Test Methods and Instruments
11D-8.0035: Approval of Alcohol Reference Solution and Sources
11D-8.004: Department Inspection and Registration of Breath Test Instruments
11D-8.006: Agency Inspection of Breath Test Instruments
11D-8.007: Approved Breath Test Instruments - Access, Facility Requirements, Observation Period, and Operational Procedures
11D-8.0075: Agency Retention of Records
11D-8.008: Breath Test Operator and Agency Inspector
11D-8.011: Approval of Blood Alcohol Test Methods
11D-8.012: Blood Samples - Labeling and Collection
11D-8.013: Blood Alcohol Permit - Analyst
11D-8.014: Blood Alcohol Permit - Analyst: Renewal
11D-8.015: Denial, Revocation, and Suspension of Permits
11D-8.017: Forms
PURPOSE AND EFFECT: To conform and comply with new developments in the field of alcohol testing and with the needs of those affected by these rules.
SUBJECT AREA TO BE ADDRESSED: : Florida’s implied consent and alcohol testing program. The program rules govern definitions of terminology; issuance and regulation of alcohol test permits; approval and evaluation of breath and blood alcohol test methods; approval, use and inspection of breath test instruments and records; collection and preservation of blood samples for alcohol testing; training requirements and qualifications for alcohol test permit holders.
SPECIFIC AUTHORITY: 316.1932(1)(a)2., 316.1932(1)(f)1., 322.63(3)(a), 327.352(1)(b)3., 327.352(1)(d) FS.
LAW IMPLEMENTED: 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3), 327.352(1)(e), 327.353(2)(b), 327.354(3) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Tuesday, February 5, 2008, 10:00 a.m.
PLACE: Florida Department of Law Enforcement, 2729 Ft. Knox Boulevard, Building 2, Suite 1200, Conference Room, Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Sharon S. Traxler at (850)617-1290. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sharon S. Traxler, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, Florida 32302, (850)617-1290

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.