Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1150
                                Barcode 768878                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/17/2011           .                                

       The Committee on Transportation (Latvala) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 250 and 251
    4  insert:
    5         Section 4. Section 316.1905, Florida Statutes, is amended
    6  to read:
    7         316.1905 Electrical, mechanical, or other speed calculating
    8  devices; power of arrest; evidence.—
    9         (1) Whenever any peace officer engaged in the enforcement
   10  of the motor vehicle laws of this state uses an electronic,
   11  electrical, mechanical, or other device used to determine the
   12  speed of a motor vehicle on any highway, road, street, or other
   13  public way, such device shall be of a type approved by the
   14  department and shall have been tested to determine that it is
   15  operating accurately. Tests for this purpose shall be made not
   16  less than once each 6 months, according to procedures and at
   17  regular intervals of time prescribed by the department.
   18         (2) Any police officer, upon receiving information relayed
   19  to him or her from a fellow officer stationed on the ground or
   20  in the air operating such a device that a driver of a vehicle
   21  has violated the speed laws of this state, may arrest the driver
   22  for violation of said laws where reasonable and proper
   23  identification of the vehicle and the speed of same has been
   24  communicated to the arresting officer.
   25         (3) Citations for violations of ss. 316.183, 316.187,
   26  316.189, 316.1893, and 316.1895 may not be issued or prosecuted
   27  unless a law enforcement officer used an electrical, mechanical,
   28  or other speed-calculating device that has been tested and
   29  approved in accordance with subsection (1).
   30         (4)(3)(a) A witness otherwise qualified to testify shall be
   31  competent to give testimony against an accused violator of the
   32  motor vehicle laws of this state when such testimony is derived
   33  from the use of such an electronic, electrical, mechanical, or
   34  other device used in the calculation of speed, upon showing that
   35  the speed calculating device which was used had been tested.
   36  However, the operator of any visual average speed computer
   37  device shall first be certified as a competent operator of such
   38  device by the department.
   39         (b) Upon the production of a certificate, signed and
   40  witnessed, showing that such device was tested within the time
   41  period specified and that such device was working properly, a
   42  presumption is established to that effect unless the contrary
   43  shall be established by competent evidence.
   44         (c) Any person accused pursuant to the provisions of this
   45  section shall be entitled to have the officer actually operating
   46  the device appear in court and testify upon oral or written
   47  motion.
   49  ================= T I T L E  A M E N D M E N T ================
   50         And the title is amended as follows:
   51         Delete line 11
   52  and insert:
   53         license plates; conforming a reference; amending s.
   54  316.1905, F.S.; providing that certain traffic citations may not
   55  be issued or prosecuted unless a law enforcement officer used an
   56  electrical, mechanical, or other speed-calculating device that
   57  has been tested and approved; amending s.