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Fla. Stat. § 316.1905 (2025)

Electrical, mechanical, or other speed calculating devices; power of arrest; evidence.

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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.
Notes of Decisions
Cited in 13 cases, 1978–2012 · leading case: Matos v. State, 899 So. 2d 403 (Fla. 4th DCA 2005).
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Matos v. State, 899 So. 2d 403 (Fla. 4th DCA 2005). · cites it 6× “1923), and under the Florida speed recording statute, section 316.1905(1), Florida Statutes (2003).”
State v. Joy, 637 So. 2d 946 (Fla. 3d DCA 1994). · cites it 2× “The second motion sought to suppress all evidence that Joy was speeding based on the fact that the speedometer in the officer's patrol vehicle was not certified as required by section 316.1905, Florida Statutes (1991) and Rule 15B-2.”
In re Forfeiture of ,300.00 U.S. Currency, 576 So. 2d 424 (Fla. 4th DCA 1991). · cites it 2× “” Clearly, under section 316.1905, Florida Statutes (1989), the testifying officer could stop the offending driver and later give evidence.”
State v. McEldowney, 99 So. 3d 610 (Fla. 5th DCA 2012). · cites it 4× “The State appeals from a final county court order declaring section 316.1905(3)(b), Florida Statutes (2011), unconstitutional as an infringement upon the supreme court’s authority to promulgate procedural law.”
United States v. Eric Rannon Rowls, a.k.a., \E\"", 402 F. App'x 467 (11th Cir. 2010). “Fla. Stat. § 316.1905 (1); Fla. Admin. Code Ann.”
State v. Becker, 48 Fla. Supp. 153 (Fla. Miami-Dade Cty. Ct. 1978). · cites it 4× “A certificate, properly witnessed and authenticated, was received in evidence pursuant to F.S. 316.1905 showing the device was tested for accuracy within the 6 month period specified by statute.”
Tegnelia v. State, 23 Fla. Supp. 2d 149 (Fla. Cir. Ct. 1987). · cites it 4× “Admissibility of radar results is initially sanctioned by statutory law through the provisions of F.S. § 316.1905. This statute, however, does not operate alone; rather it functions by incorporation of and reference to the rules of the Department of Highway Safety and Motor…”
Yolman v. State, 388 So. 2d 1038 (Fla. 1980). · cites it 4× “We find section 316.1905, Florida Statutes (1977), and the implementing administrative rules constitutional.”
King v. State, 42 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1990). · cites it 2× “189, and appeals arguing that the radar device used had not been tested within the six month time limit prescribed by Florida Statute § 316.1905-06 and Florida Administrative Code Chapter 15B-2.”
Dep't of High. Saf. & Motor Vehs. v. Nelson, 823 So. 2d 828 (Fla. 1st DCA 2002). “” Evidently, the circuit judge was under the impression that the arresting officer should not have been allowed to testify concerning Nelson’s speed “unless the proper predicate [was] laid pursuant to § 316.1905 and § 316.1906, Florida Statutes.”
State v. Villaci, 47 Fla. Supp. 80 (Fla. Miami-Dade Cty. Ct. 1978). “*81 F.S. 316.1905(1) assigns the Department of Highway Safety and Motor Vehicles with the responsibility to establish procedures for testing devices5 accuracy.”
State v. Brown, 28 Fla. Supp. 2d 46 (Fla. Volusia Cty. Ct. 1988). “Section 316.1905(1), (3)(a) and (b), Fla.”
Show all 13 citing cases →
— 316.1905(1) — 3 cases
Matos v. State, 899 So. 2d 403 (Fla. 4th DCA 2005). “1923), and under the Florida speed recording statute, section 316.1905(1), Florida Statutes (2003).”
State v. Villaci, 47 Fla. Supp. 80 (Fla. Miami-Dade Cty. Ct. 1978). “*81 F.S. 316.1905(1) assigns the Department of Highway Safety and Motor Vehicles with the responsibility to establish procedures for testing devices5 accuracy.”
State v. Brown, 28 Fla. Supp. 2d 46 (Fla. Volusia Cty. Ct. 1988). “Section 316.1905(1), (3)(a) and (b), Fla.”
— 316.1905(1)(2002) — 1 case
Matos v. State, 899 So. 2d 403 (Fla. 4th DCA 2005). “1923), and under the Florida speed recording statute, section 316.1905(1), Florida Statutes (2003).”
— 316.1905(2) — 1 case
Matos v. State, 899 So. 2d 403 (Fla. 4th DCA 2005). “1923), and under the Florida speed recording statute, section 316.1905(1), Florida Statutes (2003).”
— 316.1905(3) — 1 case
State v. Becker, 48 Fla. Supp. 153 (Fla. Miami-Dade Cty. Ct. 1978). “A certificate, properly witnessed and authenticated, was received in evidence pursuant to F.S. 316.1905 showing the device was tested for accuracy within the 6 month period specified by statute.”
— 316.1905(3)(b) — 1 case
State v. McEldowney, 99 So. 3d 610 (Fla. 5th DCA 2012). “The State appeals from a final county court order declaring section 316.1905(3)(b), Florida Statutes (2011), unconstitutional as an infringement upon the supreme court’s authority to promulgate procedural law.”
— 316.1905(S)(b) — 1 case
State v. McEldowney, 99 So. 3d 610 (Fla. 5th DCA 2012). “The State appeals from a final county court order declaring section 316.1905(3)(b), Florida Statutes (2011), unconstitutional as an infringement upon the supreme court’s authority to promulgate procedural law.”
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This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.