1. (1) Evidentiary breath test instruments shall only be accessible to a person issued a valid permit by the Department and to persons authorized by a permit holder. This section does not prohibit agencies from sending an instrument out of evidentiary use to an authorized repair facility or the Department via common carrier transport. Only authorized repair facilities or the Department are authorized to remove the top cover of an evidentiary breath test instrument.
2. (2) The instrument will be located in a secured environment which limits access to authorized persons described in subsection (1). All breath test facilities, equipment and supplies are subject to inspection by the Department.
3. (3) The breath test operator, agency inspector, arresting officer, or person designated by the permit holder shall reasonably ensure that the subject has not taken anything by mouth or has not regurgitated for at least twenty (20) minutes before administering the test. This provision shall not be construed to otherwise require an additional twenty (20) minute observation period before the administering of a subsequent sample.
4. (4) When operating an evidentiary breath test instrument, a breath test operator shall conduct a breath test in accordance with the applicable operating procedures. For the Intoxilyzer 8000- Operational Procedures – Intoxilyzer 8000 FDLE/ATP Form 37, and the results of the test shall be recorded on the Breath Alcohol Test Affidavit – Intoxilyzer 8000 FDLE/ATP Form 38, for the Intoxilyzer 9000- Operational Procedures- Intoxilyzer 9000 FDLE/ATP Form 37a, and the results of the test shall be recorded on the Breath Alcohol Test Affidavit- Intoxilyzer 9000 FDLE/ATP Form 38a.

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.