Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1150
                                Barcode 774454                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2011           .                                

       The Committee on Transportation (Latvala) recommended the
    1         Senate Substitute for Amendment (768878) (with title
    2  amendment)
    4         Between lines 250 and 251
    5  insert:
    6         Section 4. Section 316.1905, Florida Statutes, is amended
    7  to read:
    8         316.1905 Electrical, mechanical, or other speed calculating
    9  devices; power of arrest; evidence.—
   10         (1) Whenever any peace officer engaged in the enforcement
   11  of the motor vehicle laws of this state uses an electronic,
   12  electrical, mechanical, or other device used to determine the
   13  speed of a motor vehicle on any highway, road, street, or other
   14  public way, such device shall be of a type approved by the
   15  department and shall have been tested to determine that it is
   16  operating accurately. Tests for this purpose shall be made not
   17  less than once each 6 months, according to procedures and at
   18  regular intervals of time prescribed by the department.
   19         (2) Any police officer, upon receiving information relayed
   20  to him or her from a fellow officer stationed on the ground or
   21  in the air operating such a device that a driver of a vehicle
   22  has violated the speed laws of this state, may arrest the driver
   23  for violation of said laws where reasonable and proper
   24  identification of the vehicle and the speed of same has been
   25  communicated to the arresting officer.
   26         (3) Citations for violations of ss. 316.183, 316.187,
   27  316.189, and 316.1893 may not be issued or prosecuted unless a
   28  law enforcement officer used an electrical, mechanical, or other
   29  speed-calculating device that has been tested and approved in
   30  accordance with subsection (1), unless the violation is
   31  determined to have contributed to a crash and the law
   32  enforcement officer is able to determine by other reliable
   33  measures that the driver was speeding.
   34         (4)(3)(a) A witness otherwise qualified to testify shall be
   35  competent to give testimony against an accused violator of the
   36  motor vehicle laws of this state when such testimony is derived
   37  from the use of such an electronic, electrical, mechanical, or
   38  other device used in the calculation of speed, upon showing that
   39  the speed calculating device which was used had been tested.
   40  However, the operator of any visual average speed computer
   41  device shall first be certified as a competent operator of such
   42  device by the department.
   43         (b) Upon the production of a certificate, signed and
   44  witnessed, showing that such device was tested within the time
   45  period specified and that such device was working properly, a
   46  presumption is established to that effect unless the contrary
   47  shall be established by competent evidence.
   48         (c) Any person accused pursuant to the provisions of this
   49  section shall be entitled to have the officer actually operating
   50  the device appear in court and testify upon oral or written
   51  motion.
   54  ================= T I T L E  A M E N D M E N T ================
   55         And the title is amended as follows:
   56         Delete line 11
   57  and insert:
   58         license plates; conforming a reference; amending s.
   59  316.1905, F.S.; providing that certain traffic citations may not
   60  be issued or prosecuted unless a law enforcement officer used an
   61  electrical, mechanical, or other speed-calculating device that
   62  has been tested and approved; providing exceptions; amending s.