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Florida Statute 316.1905 | Lawyer Caselaw & Research
F.S. 316.1905 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.1905

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.1905
316.1905 Electrical, mechanical, or other speed calculating devices; power of arrest; evidence.
(1) Whenever any peace officer engaged in the enforcement of the motor vehicle laws of this state uses an electronic, electrical, mechanical, or other device used to determine the speed of a motor vehicle on any highway, road, street, or other public way, such device shall be of a type approved by the department and shall have been tested to determine that it is operating accurately. Tests for this purpose shall be made not less than once each 6 months, according to procedures and at regular intervals of time prescribed by the department.
(2) Any police officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air operating such a device that a driver of a vehicle has violated the speed laws of this state, may arrest the driver for violation of said laws where reasonable and proper identification of the vehicle and the speed of same has been communicated to the arresting officer.
(3)(a) A witness otherwise qualified to testify shall be competent to give testimony against an accused violator of the motor vehicle laws of this state when such testimony is derived from the use of such an electronic, electrical, mechanical, or other device used in the calculation of speed, upon showing that the speed calculating device which was used had been tested. However, the operator of any visual average speed computer device shall first be certified as a competent operator of such device by the department.
(b) Upon the production of a certificate, signed and witnessed, showing that such device was tested within the time period specified and that such device was working properly, a presumption is established to that effect unless the contrary shall be established by competent evidence.
(c) Any person accused pursuant to the provisions of this section shall be entitled to have the officer actually operating the device appear in court and testify upon oral or written motion.
History.s. 1, ch. 71-135; s. 1, ch. 76-31; s. 313, ch. 95-148.
Note.Former s. 316.058.

F.S. 316.1905 on Google Scholar

F.S. 316.1905 on Casetext

Amendments to 316.1905


Arrestable Offenses / Crimes under Fla. Stat. 316.1905
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1905.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. McELDOWNEY,, 99 So. 3d 610 (Fla. Dist. Ct. App. 2012)

. . . The State appeals from a final county court order declaring section 316.1905(3)(b), Florida Statutes . . . Section 316.1905(S)(b) creates a rebutta-ble presumption that a speed measuring device used by law enforcement . . . Although 316.1905(3)(b) does appear to be a procedural presumption affecting the burden of production . . . In upholding section 316.1905(3)(b), we also note that the rebuttable presumption created by that section . . . We agree with the State's assertion that 316.1905(3)(b) merely creates an evidentiary presumption that . . .

UNITED STATES v. ROWLS, a. k. a. E, 402 F. App'x 467 (11th Cir. 2010)

. . . . § 316.1905(1); Fla. Admin. Code Ann. r. 15B-2.011. . . .

MATOS, v. STATE, 899 So. 2d 403 (Fla. Dist. Ct. App. 2005)

. . . United States, 293 F. 1013, 1014 (D.C.Cir.1923), and under the Florida speed recording statute, section 316.1905 . . . Section 316.1905(1)(2002), Florida Statutes, in pertinent part, states: Whenever any peace officer engaged . . . Section 316.1905(2) and section 316.1906, discussing the admissibility of radar speed-measuring devices . . . We can discern no legislative intent to apply section 316.1905(1) to the SDM. AFFIRMED. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. NELSON,, 823 So. 2d 828 (Fla. Dist. Ct. App. 2002)

. . . allowed to testify concerning Nelson’s speed “unless the proper predicate [was] laid pursuant to § 316.1905 . . .

STATE v. JOY,, 637 So. 2d 946 (Fla. Dist. Ct. App. 1994)

. . . fact that the speedometer in the officer’s patrol vehicle was not certified as required by section 316.1905 . . .

In FORFEITURE OF U. S. CURRENCY, 576 So. 2d 424 (Fla. Dist. Ct. App. 1991)

. . . Clearly, under section 316.1905, Florida Statutes (1989), the testifying officer could stop the offending . . .

KING v. STATE OF FLORIDA, 42 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1990)

. . . radar device used had not been tested within the six month time limit prescribed by Florida Statute § 316.1905 . . . immediately following the citation, Olsen had tested the radar device in accordance with Florida Statutes § 316.1905 . . .

STATE OF FLORIDA v. FAIRFULL, 31 Fla. Supp. 2d 142 (Fla. Cir. Ct. 1988)

. . . As to the first point, FS §316.1905, provides the standards for admissibility of the readings of radar . . .

STATE v. BROWN, 28 Fla. Supp. 2d 46 (Volusia Cty. Ct. 1988)

. . . Section 316.1905(1), (3)(a) and (b), Fla. . . .

TEGNELIA v. STATE OF FLORIDA, 23 Fla. Supp. 2d 149 (Fla. Cir. Ct. 1987)

. . . . § 316.1905. . . . When the Chapter 15B-2 regulations and the statutory provisions of F.S. § 316.1905 are considered in . . .

ELLIOT v. STATE OF FLORIDA, 8 Fla. Supp. 2d 54 (Fla. Cir. Ct. 1983)

. . . for the officer to produce each and every six month certificate as specified under Florida Statute 316.1905 . . .

YOLMAN, v. STATE, 388 So. 2d 1038 (Fla. 1980)

. . . The primary issue concerns the authority of the legislature to direct, by section 316.1905, the Department . . . relating to electronic speed control devices (radar) and Florida Statutes, Chapter 316.058, renumbered 316.1905 . . . Section 316.1905 provides that any officer engaged in the enforcement of speed laws who uses an electronic . . . We find section 316.1905, Florida Statutes (1977), and the implementing administrative rules constitutional . . . J., and ADKINS, BOYD, ENGLAND, ALDERMAN and MCDONALD, JJ., concur. . 316.1905 Electrical, mechanical, . . .

PERRUZZI v. STATE, 49 Fla. Supp. 206 (Flagler Cty. Cir. Ct. 1979)

. . . calibrated as required by law,” but there was not introduced into evidence the certificate contemplated by 316.1905 . . . violation of due process to convict a defendant based on radar evidence when the requirements of Sec. 316.1905 . . .

STATE v. BECKER, 48 Fla. Supp. 153 (Dade Cty. Ct. 1978)

. . . A certificate, properly witnessed and authenticated, was received in evidence pursuant to F.S. 316.1905 . . . Here, the certificate of testing called for by F.S. 316.1905(3) (b) was prima facie evidence of such . . . F.S. 316.1905 requires a test for accuracy not less than once every six months, to be conducted according . . . 15B-2 is to equate the calibration referred to therein with the test for accuracy referred to in F.S. 316.1905 . . .

STATE v. VILLACI, 47 Fla. Supp. 80 (Dade Cty. Ct. 1978)

. . . of defendant’s speed because the radar device had not been tested in conformity with Florida Statute 316.1905 . . . F.S. 316.1905(1) assigns the Department of Highway Safety and Motor Vehicles with the responsibility . . .