AGENDA

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

March 23, 1999

ITEM 1. Respectfully submit the Minutes of the December 8, 1998 Cabinet Meeting for approval.

(See Attachment 1.)

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ITEM 2. Respectfully submit the Florida Department of Law Enforcement Quarterly Performance Report 2nd Quarter Progress Report January 1999, with CONTRACTS, AGREEMENTS AND PURCHASES OVER $100,000 FOR OCTOBER THRU DECEMBER 1998 attached.

(See Attachment 2.)

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ITEM 3. Pursuant to 120.54(3)(a)1, F.S., which states, "Prior to the adoption, amendment or repeal of any rule other than an emergency rule, an agency, upon approval of the agency head, shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action; the full text of the proposed rule or amendment and a summary thereof; a reference to the specific rulemaking authority pursuant to which the rule is adopted; and a reference to the section or subsection of the Florida Statutes or the Laws of Florida being implemented, interpreted, or made specific. The notice shall include a summary of the agency's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in s. 120.541(2), and a statement that any person who wishes to provide the agency with information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by s. 120.541(1), must do so in writing within 21 days after publication of the notice. The notice must state the procedure for requesting a public hearing on the rule. Except when the intended action is the repeal of a rule, the notice shall include a reference both to the date on which and to the place where the notice of rule development that is required by section (2) appeared." Respectfully submit the following proposed amendments to the designated Florida Department of Law Enforcement Administrative Rule:

11D-8. The proposed revisions to Rule 11D-8.002, F.A.C., provide for a definition of the term "source approved by the Department" as the term is used in proposed rule sections 11D-8.0035 and 11D-8.006, F.A.C. Proposed Rule 11D-8.0035, F.A.C., provides criteria for sources to be approved by the Department to provide alcohol reference solution to agencies for monthly inspections of breath test instruments. The proposed language also provides for a procedure for pre- and post-distribution analysis of alcohol reference solution used by law enforcement agencies in the monthly inspection required by Section 11D-8.006, F.A.C.

11D08.002. Definitions.
11D-8.0035. Approval of Alcohol Reference Solution and Sources.

(See Attachment 3.)

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Cabinet Affairs Contact
Assistant Commissioner Daryl G. McLaughlin
410-7001