Fla. Admin. Code R. 11D-8.004
Department Inspection and Registration of Breath Test Instruments
Effective Jul 1, 2026Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 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.Department of Law Enforcement
- (1) The Department shall register and inspect each individual breath test instrument for accuracy and reliability prior to such instrument being initially placed into evidentiary use by an agency. The inspection validates that instrument’s approval for evidentiary use, and the registration completes that instrument’s approval pursuant to these rules. The registration shall reflect the registration date, the owner of the instrument, the instrument serial number, the manufacturer, and the model designation.
- (2) Registered breath test instruments shall be inspected by the Department at least once every twelve months (see example below) to ensure accuracy and reliability, and must be accessible to the Department for inspection. A department inspection must be conducted subsequent to repair and prior to being placed in evidentiary use.
EXAMPLE:| Department Inspection Completed | April 5, 2025 |
|---|
| Department Inspection Due Date | April 5, 2026 |
- (3) Department inspections shall be conducted in accordance with the applicable procedures. For the Intoxilyzer 8000- Department Inspection Procedures FDLE/ATP Form 36, and results reported on Department Inspection Report – Intoxilyzer 8000, FDLE/ATP Form 41. For the Intoxilyzer 9000- Department Inspection Procedures FDLE/ATP Form 36a, and results reported on Department Inspection Report- Intoxilyzer 9000, FDLE/ ATP Form 41a.
- (4) Department Inspectors shall be employed by the Department to register evidentiary breath test instruments, to conduct inspections and maintenance of breath test instruments and related equipment and facilities, to conduct and monitor training classes, and to otherwise ensure compliance with Chapter 11D-8, F.A.C.
Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 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. History–New 10-31-93, Amended 1-1-97, 7-29-01, 11-5-02, 12-9-04, 3-27-06, 7-29-15, 7-17-25, 7-1-26.