State v. Donaldson, 579 So. 2d 728 (Fla. 1991). · Go Syfert
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State v. Donaldson, 579 So. 2d 728 (Fla. 1991). Cases Citing This Book View Copy Cite
31 citation events (18 in the last 25 years) across 3 distinct courts.
Strongest positive: State of Florida v. Kilburn (fladistctapp, 2025-08-15)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) State of Florida v. Kilburn
Fla. Dist. Ct. App. · 2025 · signal: cf. · confidence medium
Cf. State v. Donaldson, 579 So. 2d 728, 729 (Fla. 1991) ("Minor deviations in compliance with the [Department of Health and Rehabilitative Services] regulations, such as storage location or absolute timeliness of periodic inspection, will not prohibit the test results being presented, provided that there is evidence from which the fact finder can conclude that the machine itself remained accurate." (emphasis added)); State v. Willis, 359 So. 2d 566, 569 (Fla. 2d DCA 1978) (Scheb, J., dissenting) ("There was no evidence before the trial court indicating that unlicensed personnel had ever taken …
discussed Cited as authority (rule) State of Florida v. Marano
Fla. Dist. Ct. App. · 2025 · signal: cf. · confidence medium
Cf. State v. Donaldson, 579 So. 2d 728, 729 (Fla. 1991) ("Minor deviations in compliance with the [Department of Health and Rehabilitative Services] regulations, such as storage location or absolute timeliness of periodic inspection, will not prohibit the test results being presented, provided that there is evidence from which the fact finder can conclude that the machine itself remained accurate." (emphasis added)); State v. Willis, 359 So. 2d 566, 569 (Fla. 2d DCA 1978) (Scheb, J., dissenting) ("There was no evidence before the trial court indicating that unlicensed personnel had ever taken …
discussed Cited as authority (rule) State of Florida v. Depauw
Fla. Dist. Ct. App. · 2025 · signal: cf. · confidence medium
Cf. State v. Donaldson, 579 So. 2d 728, 729 (Fla. 1991) ("Minor deviations in compliance with the [Department of Health and Rehabilitative Services] regulations, such as storage location or absolute timeliness of periodic inspection, will not prohibit the test results being presented, provided that there is evidence from which the fact finder can conclude that the machine itself remained accurate." (emphasis added)); State v. Willis, 359 So. 2d 566, 569 (Fla. 2d DCA 1978) (Scheb, J., dissenting) ("There was no evidence before the trial court indicating that unlicensed personnel had ever taken …
discussed Cited as authority (rule) Cynthia Proctor Bedell v. State of Florida
Fla. Dist. Ct. App. · 2018 · confidence medium
Id.; State v. Burke, 599 So. 2d 1339, 1342 (Fla. 1st DCA 1992) (“The admissibility of the result of such blood alcohol tests shall also be judged by a determination of whether substantial compliance with the rules and regulations has taken place.”). “[M]inor deviations from the rules will not prohibit the test results from being presented, as long as ‘there is evidence from which the fact finder can conclude that the [test] itself remained accurate.’” State v. Kleiber, 175 So. 3d 319, 321 (Fla. 5th DCA 2015), quoting State v. Donaldson, 579 So. 2d 728, 729 (Fla. 1991).
discussed Cited as authority (rule) State v. Kleiber
Fla. Dist. Ct. App. · 2015 · confidence medium
Thus, minor deviations from the rules will not prohibit the test results from being presented, as long as “there is evidence from which the fact finder can conclude that the [test] itself remained accurate.” State v. Donaldson, 579 So.2d 728, 729 (Fla.1991).
cited Cited as authority (rule) Department of Highway Safety & Motor Vehicles v. Wiggen
Fla. Dist. Ct. App. · 2014 · confidence medium
State v. Donaldson, 579 So.2d 728, 729 (Fla.1991); Dep’t of High.
discussed Cited as authority (rule) Department of Highway Safety & Motor Vehicles v. Berne
Fla. Dist. Ct. App. · 2010 · confidence medium
Specifically, the Respondents claim that the “breath test results are admissible if evidence of the following is provided by the Department: (1) the breath test was performed substantially in accordance with [FDLE] rules, with an approved machine and by a qualified technician; and (2) the machine has been inspected in accordance with [FDLE] rules to assures it accuracy.” State v. Donaldson, 579 So.2d 728, 729 (Fla.1991).
discussed Cited as authority (rule) Delgado v. State
Fla. · 2006 · confidence medium
The intent required for premeditated murder is that the accused formed the specific intent to kill a human being. § 782.04(1)(a)(1), Fla. Stat. (2006). [9] The other two grounds for Delgado's objection were that (1) the comment was improper closing argument and (2) the comment went to Delgado's right to remain silent. [10] See State v. Donaldson, 579 So.2d 728, 729 (Fla.1991) (stating that "there must be probative evidence (1) that a breathalyzer test was performed substantially in accordance with methods approved by the [Department of Health and Rehabilitative Services (HRS)], and with a typ…
discussed Cited as authority (rule) State v. Kepke
Fla. Dist. Ct. App. · 1992 · confidence medium
The traditional predicate would include evidence or testimony of the integrity or reliability of the particular breath-blood alcohol testing machine used, State v. Donaldson, 579 So.2d 728, 729 (Fla.1991).
cited Cited "see" State v. Belvin
Fla. · 2008 · signal: see · confidence high
See State v. Donaldson, 579 So.2d 728 (Fla.1991).
cited Cited "see" Belvin v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See State v. Donaldson, 579 So.2d 728 (Fla.1991).
cited Cited "see" State v. Pierre
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See State v. Donaldson, 579 So.2d 728 (Fla.1991).
cited Cited "see" State v. Friedrich
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See State v. Donaldson, 579 So.2d 728 (Fla.1991); Department of Highway Safety Motor Vehicles v. Farley, 633 So.2d 69 (Fla. 5th DCA 1994); State v. Reisner, 584 So.2d 141 (Fla. 5th DCA 1991).
cited Cited "see" Kaiser v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See State v. Donaldson, 579 So.2d 728 (Fla.1991).
discussed Cited "see, e.g." John Goodman v. Florida Department of Law Enforcement
Fla. · 2018 · signal: see also · confidence low
See Vuong , 149 So.3d 174 ; Wissel v. State , 691 So.2d 507 , 508 (Fla. 2d DCA 1997) (rejecting an "attack, based on the lack of a rule or regulation to cover every step of the testing" because it was "not only speculative and theoretical, but also hyper-technical"); Friedrich , 681 So.2d 1157 ; see also State v. Kleiber , 175 So.3d 319 , 321 (Fla. 5th DCA 2015) ("[M]inor deviations from the rules will not prohibit the test results from being presented, as long as 'there is evidence from which the fact finder can conclude that the [test] itself remained accurate.' " (quoting State v. Donaldson…
discussed Cited "see, e.g." DHSMV v. Alliston
Fla. Dist. Ct. App. · 2002 · signal: compare · confidence low
Compare State v. Donaldson, 579 So.2d 728 (Fla.1991) (addressing what foundation must be laid by state to admit into evidence breath test results in a criminal prosecution). [4] There are four other cases pending before this court on this same issue from the Thirteenth Judicial Circuit of Hillsborough County.
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
Michael DONALDSON, Respondent.
76129.
Supreme Court of Florida.
May 9, 1991.
579 So. 2d 728
McDonald.
Cited by 24 opinions  |  Published

David H. Bludworth, State Atty. and Robert S. Jaegers, Asst. State Atty., West Palm Beach, for petitioner.

[*729] Richard L. Jorandby, Public Defender and Cherry Grant, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for respondent.

McDONALD, Justice.

We review Donaldson v. State, 561 So.2d 648, 651 (Fla. 4th DCA 1990), in which the district court certified the following question to be of great public importance:

In a section 316.193 prosecution, where the state seeks, over defense objection, to admit the results of a breathalyzer test into evidence, to what extent must the state lay a foundation to show compliance with statutory provisions, administrative rules, and agency procedures governing the licensing of technicians, the maintenance of equipment, and the administration of tests?

We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and approve the decision under review.

After his arrest for driving while under the influence of intoxicants, Donaldson was taken to a "BATmobile" where a breathalyzer test was performed. The state presented evidence of the qualifications of the breathalyzer tester and that the test was properly conducted. Misconstruing Ridgeway v. State, 514 So.2d 418 (Fla. 1st DCA 1987), and believing it unnecessary to do so, the state failed to produce any evidence concerning the testing, inspection, or reliability of the machine.[1] Because there was no evidence concerning the breathalyzer machine, the district court quashed the order of the circuit court affirming the county court conviction.

In State v. Bender, 382 So.2d 697 (Fla. 1980), we stated that test results obtained under subsection 322.262(2), Florida Statutes (1979), are admissible into evidence only upon compliance with the statutory provisions and the administrative rules enacted by the Department of Health and Rehabilitative Services (HRS). Thus, we agree with the district court that there must be probative evidence (1) that a breathalyzer test was performed substantially in accordance with methods approved by HRS, and with a type of machine approved by HRS, by a person trained and qualified to conduct it and (2) that the machine itself has been calibrated, tested, and inspected in accordance with HRS regulations to assure its accuracy before the results of a breathalyzer test may be introduced. Evidence of the reliability of the machine can be presented by the person conducting its testing and inspection or, if records of use and periodic testing are kept in the regular course of business, by production of such records.

Minor deviations in compliance with the HRS regulations, such as storage location or absolute timeliness of periodic inspection, will not prohibit the test results being presented, provided that there is evidence from which the fact finder can conclude that the machine itself remained accurate.[2]Accord § 316.1932(1)(b)(1), Fla. Stat. (1987) ("Any insubstantial differences between approved techniques and actual testing procedures in any individual case shall not render the test or test results invalid."); § 316.1934(3), Fla. Stat. (same). After the state presents its evidence, a defendant may, in any proceeding, attack the reliability of the testing procedures and the qualifications of the operator. Bender. A defendant also may question compliance with HRS regulations and the effect on the machine's integrity of failing to follow them strictly.

Because the state presented no testimony on the reliability or integrity of the machine used, the district court correctly quashed the circuit court's decision. We answer the question as set out above and approve the district court's decision.

It is so ordered.

[*730] SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

1 The machine used to perform the test was one type of breath-testing instrument approved by the Department of Health and Rehabilitative Services (HRS).
2 We would agree with the dissent in State v. Wills, 359 So.2d 566 (Fla. 2d DCA 1978).