The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . . § 316.1905(1); Fla. Admin. Code Ann. r. 15B-2.011. . . .
. . . 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. . . .
. . . allowed to testify concerning Nelson’s speed “unless the proper predicate [was] laid pursuant to § 316.1905 . . .
. . . fact that the speedometer in the officer’s patrol vehicle was not certified as required by section 316.1905 . . .
. . . Clearly, under section 316.1905, Florida Statutes (1989), the testifying officer could stop the offending . . .
. . . 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 . . .
. . . As to the first point, FS §316.1905, provides the standards for admissibility of the readings of radar . . .
. . . Section 316.1905(1), (3)(a) and (b), Fla. . . .
. . . . § 316.1905. . . . When the Chapter 15B-2 regulations and the statutory provisions of F.S. § 316.1905 are considered in . . .
. . . for the officer to produce each and every six month certificate as specified under Florida Statute 316.1905 . . .
. . . 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, . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .