Department Inspection and Registration of Breath Test Instruments (Ch. 11D-8; Department of Agriculture and Consumer Services)
Fla. Admin. Code R. 11D-8.004
Florida Administrative Code
Rule: 11D-8.004
Rule Title: Department Inspection and Registration of Breath Test Instruments
Department:
DEPARTMENT OF LAW ENFORCEMENT
Division:
Division of Local Law Enforcement Assistance
Chapter:
IMPLIED CONSENT PROGRAM
Latest version of the final adopted rule presented in Florida Administrative Code (FAC):
Effective Date:
7/1/2026
History Notes:
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.
References in this version:
No reference(s).
History of this Rule since Jan. 6, 2006
Notice /
Adopted
Section
Description
Publish
Date
Final
11D-8.004
Department Inspection and Registration of Breath Test Instruments
Effective:
07/01/2026
Proposed
11D-8.002
......
11D-8.002: Updating
definitions, amends the definition of Authorized Repair Facility for repairs of authorized instruments.
11D-8.0035: Revises the alcohol concentrations of reference solutions and corrects an error.
11D-8.0036: ....
4/2/2026
Vol. 52/64
Development
11D-8.002
......
11D-8.002: Updating
definitions, amends the definition of Authorized Repair Facility for repairs of authorized instruments.
11D-8.0035: Revises the alcohol concentrations of reference solutions and corrects an error.
11D-8.0036: ....
10/31/2025
Vol. 51/213
Final
11D-8.004
Department Inspection and Registration of Breath Test Instruments
Effective:
07/17/2025
Proposed
11D-8.002
......
Rule 11D-8.001, F.A.C.: Updating rule to include Intoxilizer 9000 forms and to provide clarity for blood alcohol permitting.
Rule 11D-8.002, F.A.C.: Amending definition of “Acceptable Range,” “Acetone Solution,” “Approved ....
4/4/2025
Vol. 51/66
Development
11D-8.002
......
11D-8.002: Updating
definitions of “Acceptable Range,” “Acetone Solution,” and “Approved Breath Alcohol Test,” and removing the definition of “Target Concentration.”
11D-8.003: Updating the rule by removing the revision ....
12/23/2024
Vol. 50/248
Development
11D-8.002
......
11D-8.002: Updating
definitions of “Acceptable Range,” “Acetone Solution,” and “Approved Breath Alcohol Test,” and removing the definition of “Target Concentration.”
11D-8.003: Updating the rule by removing the revision ....
11/4/2024
Vol. 50/216
Final
11D-8.004
Department Inspection and Registration of Breath Test Instruments
Effective:
07/29/2015
Proposed
11D-8.002
......
11D-8.002(12): Adds the phrase “on a single Form 38 affidavit” to the definition of “Approved Breath Alcohol Test” to clarify and add specificity to the rule.
11D-8.002(13): Removes “the Department of Law Enforcement” from ....
4/16/2015
Vol. 41/74
Development
11D-8.002
......
11D-8.002(13): Removes “the Department of Law Enforcement” from the definition of “Authorized Repair Facility” because the Department only performs maintenance on the breath test instruments and does not perform repairs.
11D-8.002(14): ....
11/21/2014
Vol. 40/227
Validity
11D-8.003
......
Hoa Vuong, on behalf of himself and other Palm Beach County DUI defendants vs. Department of Law Enforcement; Case No.: 12-3898RX; Rule No.: 11D-8.003, 11D-8.004, 11D-8.006, 11D-8.017; Petition
2/18/2013
Vol. 39/33
Development
11D-8.002
......
To conform and comply with new developments in the field of alcohol testing and with the needs of those affected by these rules.
6/27/2008
Vol. 34/26
Withdrawal
11D-8.002
......
Definitions, Approval of Breath Test Methods and Instruments, Approval of Alcohol Reference Solution and Sources, Department Inspection and Registration of Breath Test Instruments, Agency Inspection of ....
5/9/2008
Vol. 34/19
Proposed
11D-8.002
......
To conform and comply with new developments in the field of alcohol testing and with the needs of those affected by these rules.
3/7/2008
Vol. 34/10
Development
11D-8.002
......
To conform and comply with new developments in the field of alcohol testing and with the needs of those affected by these rules.
1/18/2008
Vol. 34/03
Final
11D-8.004
Department Inspection and Registration of Breath Test Instruments
Effective:
03/27/2006