Florida Administrative Code

(1) The Department shall approve a source of alcohol reference solution for use by agencies in the State of Florida. The source approved by the Department shall be an ISO 17034 or similarly accredited entity that manufactures alcohol reference solutions and meets the following re…

(1) The Department shall approve a source of dry gas standards for use by agencies in the State of Florida. The source approved by the Department shall be an entity that manufactures dry gas standards and meets the following requirements: (a) The source must produce dry gas stand…

(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 re…

(1) Evidentiary breath test instruments shall be inspected by an agency inspector at least once each calendar month. The agency inspection shall be conducted in accordance with the applicable procedures. For the Intoxilyzer 8000- Agency Inspection Procedures - Intoxilyzer 8000 FD…

(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 fac…

(1) Each agency shall maintain the following records for at least three years from the last entry date: agency inspection reports and breath test instrument repair records. The breath test instrument registration shall be retained by an agency for at least three years after the i…

(1) Qualifications for Breath Test Operator Permit - An applicant for a breath test operator permit must meet the following qualifications: (a) Eighteen (18) years of age or older; (b) High school diploma or its equivalent; (c) Present employment by an agency, or the Department; …

(1) Persons who conduct breath test training courses must have a valid Breath Test Instructor certification issued by the Criminal Justice Standards and Training Commission, and such persons shall be deemed permitted by the Department to conduct breath test training courses. (2) …

(1) The Department approves the following test methods for determining blood alcohol level: Gas Chromatography. (2) The Department shall approve gas chromatographic analytical procedures which meet the following specifications: (a) Includes the approved method used and a descript…

(1) Before collecting a sample of blood, the skin puncture area must be cleansed with an antiseptic that does not contain alcohol. (2) Blood samples must be collected in a glass evacuation tube that contains a preservative such as sodium fluoride and an anticoagulant such as pota…

(1) The application for a permit to determine the alcohol level of a blood sample shall be made on the Application for Permit to Conduct Blood Alcohol Analyses FDLE/ATP Form 4, provided by the Department and shall include the following information: (a) Name and address of applica…

(1) Permits to conduct blood alcohol analyses shall remain valid until otherwise suspended or revoked by the Department. (2) In order to remain qualified for such permit, an analyst must satisfactorily determine the blood alcohol level of at least 1 proficiency test annually usin…

(1) Notwithstanding an applicant's qualifications, the Department shall deny an application for an original permit where the applicant: (a) Fails to meet the permit qualifications under these rules. (b) Has been convicted of any of the following offenses in any federal or state c…

All proceedings concerning the revocation, suspension, or denial of permits shall be conducted in accordance with Chapter 120, F.S., and the Florida Administrative Code. Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3., (d) FS. Law Implemented 316.1933(…

Rulemaking Authority 316.1932(1)(a)2., (f)1., 316.1933(2)(b), 316.1934(3), 322.63(3)(a), (b), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2)(b), 327.354(3) FS. History-New 10-31-93, Amended 2-1-95, 1-1-97, …

These forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida 32302. Application for Permit to Conduct Blood Alcohol Analyses FDLE/ATP Form 4, revised September 2024, effective date July 2025, her…

As used in these rules, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated: (1) "Act" means the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. 3701, et. seq., as amended. (2) "BJA" means the Bureau o…

(1) JAG-Countywide. The amount of funds available shall be that amount allocated each federal fiscal year to the State of Florida by the federal government under the Act and appropriated by the legislature. (2) The Department shall attempt to obligate all of the funds available i…

(1) Statewide Strategic Plan. The Department shall develop a Statewide plan to determine how grants received under the Edward Byrne Memorial Justice Assistance Grant Program will be used to improve the administration of the criminal justice system. The plan shall: (a) Be designed…

Copies of the materials and forms required for the application process in rule 11D-9.005, F.A.C., are incorporated by reference herein may be obtained through the electronic grants management system, the Office of Criminal Justice Grants website, by email to criminaljustice@fdle.…

(1) The Medical Examiners Commission adopts rules pursuant to Section 406.04, F.S., to comply with the requirements of Chapter 406, Part I, F.S., and rule Division 11G, F.A.C., shall read in conjunction with Chapter 406, Part I, F.S. (2) The following terms shall be deemed contro…

(1) An appointment of an associate medical examiner expires with the expiration of the appointment of the district medical examiner who appointed him or her. (2) The district medical examiner shall file with the Medical Examiners Commission written notice of the appointment, resi…

(1) When a death is reported to the medical examiner pursuant to Section 406.12, F.S., or the medical examiner learns or is notified of a death in his or her district the medical examiner shall: (a) Make inquiry to determine whether to examine, investigate, or autopsy pursuant to…

(1) If necessary to make an identification, or prior to the burial of any unidentified body, the medical examiner shall: (a) Photograph and record a detailed description of the body; clothing, and personal effects; (b) Obtain complete skeletal x-rays; (c) Create thorough dental c…

(1) A medical examiner shall investigate under the authority of Section 406.11, F.S., in order to determine the cause of death and such circumstances surrounding it as are necessary and in the public interest. Such an investigation shall consist of examinations or investigation a…

Rulemaking Authority 383.3362(4), 406.04 FS. Law Implemented 383.3362, 406.11, 406.13 FS. History-New 10-14-96, Amended 7-6-99, Repealed 5-21-12.

(1) Definitions. The following definitions apply to this section: (a) "Body part". The entire head, an entire extremity, a portion of an extremity that includes a hand or foot, or the torso, of a dead human body. For human skeletal remains a body part is defined as a nearly compl…

(1) The district medical examiner shall keep among the official records: (a) The appointment as district medical examiner by the Governor; (b) A copy of each letter of appointment, resignation, and removal of an associate medical examiner; (c) A log or registry of all cases refer…

The duties and standards of care of a medical examiner are to be consistent with those contained in the "Practice Guidelines for Florida Medical Examiners, sponsored by the Florida Association of Medical Examiners," revised July 28, 2010, incorporated by reference. The Practice G…

The following districts and counties are designated as Florida's medical examiner districts: (1) District 1 - Escambia, Okaloosa, Santa Rosa, Walton; (2) District 2 - Franklin, Gadsden, Jefferson, Leon, Liberty, Taylor, Wakulla; (3) District 3 - Columbia, Dixie, Hamilton, Lafayet…

The term of office for a district medical examiner appointed by the governor shall be three years. A gubernatorial appointment to fill a vacancy shall be for the unexpired portion of the term. For the purpose of administration, the 25 district medical examiners serve staggered te…

(1) Policy Statement. Nominations for appointment as a district medical examiner shall be made only after solicitation of comments from city, county and state officials as well as from directors of funeral homes. Candidates nominated by the Medical Examiners Commission will be su…

It is the policy of the Department to accept and investigate all complaints of employee misconduct or wrongdoing from any citizen or agency employee. These rules are to set out procedures and standards for disciplinary actions in the Florida Department of Law Enforcement. Rulemak…

(1) Disciplinary actions by the department are penalties against employees for various types of work deficiencies and conduct offenses. Realizing that disciplinary actions are necessary, the purpose of this section is to comply with section 943.03(4), F.S., by defining acts of mi…

(1) Specific disciplinary action may be taken by a supervisor having appropriate delegated authority from the Executive Director of the Department of Law Enforcement. This delegation of authority varies with the severity of the particular disciplinary action and is identified in …

(1) Counseling. Employees should not work under a continuing threat of discipline, but instead should fully understand that, where appropriate, they will receive counseling, adequate warning, or other corrective action before discipline is imposed. (2) Disciplinary Actions. The t…

Rulemaking Authority 943.03(4) FS. Law Implemented 112.532(1), 112.532(4), 112.533 FS. History-New 7-8-82, Formerly 11I-1.05, Amended 11-5-02, Repealed 5-21-12.

Rulemaking Authority 110.201(2), 447.207(8), 943.03 FS. Law Implemented 110.227(5) FS. History-New 7-8-82, Formerly 11I-1.10, Amended 7-14-87, 7-1-90, 11-5-02, Repealed 5-21-12.

The following acts of misconduct and work standard violations are unacceptable for the employees of this Department and will subject them to disciplinary action: (1) Unbecoming conduct. Unbecoming conduct includes any willful action or conduct which impedes the Department's effor…

The following Standards of Disciplinary Action attached as Appendix "A" and incorporated herein have been established as a guide for use by supervisors to help ensure that all employees receive similar treatment in like circumstances. Realizing that some of the offenses and defic…

Rulemaking Authority 943.03(3) FS. Law Implemented 110.227(1) FS. History-New 7-8-82, Formerly 11I-1.13, Repealed 5-21-12.

Any employee actions that occur prior to the date of the promulgation of these rules, for which disciplinary action may be taken but for which disciplinary action has not begun, shall have disciplinary actions administered pursuant to the procedures outlined herein. Rulemaking Au…

Rulemaking Authority 943.03(4) FS. Law Implemented 943.1755 FS. History-New 2-1-84, Formerly 11K-1.01, Amended 5-29-91, Repealed 5-21-12.

Rulemaking Authority 145.071, 943.03(4) FS. Law Implemented 145.071 FS. History-New 2-1-84, Formerly 11K-1.02, Repealed 5-21-12.

(1) The initial qualification for a sheriff to receive salary supplement shall be to complete 40 hours of approved education/training courses as outlined in subsection (4). Additionally, sheriffs newly elected after the effective date of this rule may achieve initial qualificatio…

(1) When a sheriff attends education/training courses, a report shall be submitted to Florida Criminal Justice Executive Institute reflecting the following information: (a) Course title; (b) Location of course; (c) Dates of attendance; (d) Number of hours; (e) Copy of certificate…

As used in these rules, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated: (1) "Allowable Cost" means only those costs or expenditures submitted and approved by the Review Committee and Department that are eligibl…

(1) Purpose. It is the intent of the Department and Council to administer financial assistance grant programs to eligible recipients pursuant to authority under sections 943.031 and 943.042, F.S. (2) Funding Process. (a) The amount of funds available shall be that amount allocate…

(1) Eligibility and compliance. Applicants shall meet and comply with eligibility, application, limitations, instructions, and requirements as set forth in the grant guidelines as approved by the Council for this program and published on the Council website at http://www.fdle.sta…

(1) Eligibility and compliance. Applicants shall meet and comply with eligibility, application, limitations, instructions, and requirements as set forth in the grant guidelines as approved by the Council for this program and published on the Council website at http://www.fdle.sta…