Florida Regulations 11D-8.015: Denial, Revocation, and Suspension of Permits
Current as of: 2024 | Check for updates
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(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 court:
1. Any felony;
2. Any misdemeanor involving perjury, false statements or falsification of records;
3. Criminal conviction for any violation of chapter 893, F.S.;
4. Driving under the influence of alcoholic beverages or drugs during the five years prior to submitting the application;
5. Leaving the scene of a crash involving death or serious bodily injury.
(c) Knowingly performing the duties of a breath test operator, agency inspector, breath test instructor, or analyst without a valid applicable permit.
(d) Had the permit previously revoked under subsection (3) below.
(2) The Department is authorized to suspend any permit for any of the following reasons:
(a) Failure to prepare and maintain breath or blood testing records as required by these rules.
(b) Failure to continue to meet the qualifications for such permit.
(c) Any violation of these rules, or aiding and abetting any violation of these rules.
(3) The Department is authorized to revoke any permit for any of the following reasons:
(a) Knowingly making a false statement or providing false information on any agency document or on any document required by these rules.
(b) Knowingly making a false statement or providing false information on any application for permit submitted to the Department.
(c) Being convicted after issuance of the permit of any of the following offenses in any federal or state court:
1. Any felony;
2. Any misdemeanor involving perjury, false statements or falsification of records;
3. Driving under the influence of alcoholic beverages or drugs;
4. Leaving the scene of a crash involving death or serious bodily injury;
5. Any criminal violation of chapter 893, F.S.
(d) Performing the duties of a breath test operator, agency inspector, or analyst with knowledge that the applicable permit is suspended or in violation of continuing education requirements.
(e) Having had the permit previously suspended for any violation of these rules.
(4) The Department is authorized to require a breath test operator, agency inspector, breath test instructor, or analyst who violates any of these rules to attend additional training or education related to their certification or permit.
(5) The Department is authorized to invalidate the registration of any evidential instrument for a violation of any rule relating to the use, custody and care of such instrument.
(6) All permits and registrations which have been suspended, revoked or invalidated must be surrendered to the Department upon demand.
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 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 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.
Terms Used In Florida Regulations 11D-8.015
- Conviction: A judgement of guilt against a criminal defendant.
(b) Has been convicted of any of the following offenses in any federal or state court:
1. Any felony;
2. Any misdemeanor involving perjury, false statements or falsification of records;
3. Criminal conviction for any violation of chapter 893, F.S.;
4. Driving under the influence of alcoholic beverages or drugs during the five years prior to submitting the application;
5. Leaving the scene of a crash involving death or serious bodily injury.
(c) Knowingly performing the duties of a breath test operator, agency inspector, breath test instructor, or analyst without a valid applicable permit.
(d) Had the permit previously revoked under subsection (3) below.
(2) The Department is authorized to suspend any permit for any of the following reasons:
(a) Failure to prepare and maintain breath or blood testing records as required by these rules.
(b) Failure to continue to meet the qualifications for such permit.
(c) Any violation of these rules, or aiding and abetting any violation of these rules.
(3) The Department is authorized to revoke any permit for any of the following reasons:
(a) Knowingly making a false statement or providing false information on any agency document or on any document required by these rules.
(b) Knowingly making a false statement or providing false information on any application for permit submitted to the Department.
(c) Being convicted after issuance of the permit of any of the following offenses in any federal or state court:
1. Any felony;
2. Any misdemeanor involving perjury, false statements or falsification of records;
3. Driving under the influence of alcoholic beverages or drugs;
4. Leaving the scene of a crash involving death or serious bodily injury;
5. Any criminal violation of chapter 893, F.S.
(d) Performing the duties of a breath test operator, agency inspector, or analyst with knowledge that the applicable permit is suspended or in violation of continuing education requirements.
(e) Having had the permit previously suspended for any violation of these rules.
(4) The Department is authorized to require a breath test operator, agency inspector, breath test instructor, or analyst who violates any of these rules to attend additional training or education related to their certification or permit.
(5) The Department is authorized to invalidate the registration of any evidential instrument for a violation of any rule relating to the use, custody and care of such instrument.
(6) All permits and registrations which have been suspended, revoked or invalidated must be surrendered to the Department upon demand.
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 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.353(2), 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.