1. (1) All speed measuring devices to be used in obtaining evidence of motor vehicle speeds for use in any court in the State of Florida shall be of a type approved by the Department of Highway Safety and Motor Vehicles prior to their use.

2. (2) In addition, evidence of the speed of a vehicle measured by any radar speed measuring device (RSMD), laser speed measuring device (LSMD) or Average Speed Calculator (ASC), is inadmissible in any proceeding with respect to an alleged violation of provisions of law regulating the lawful speed of vehicles unless such evidence of speed is obtained by a law enforcement officer who meets the following requirements:

   1. (a) 1. Operators of RSMD’s must have satisfactorily completed the RSMD training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.

      2. Operators of LSMD’s must have satisfactorily completed the LSMD training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training commission pursuant to Section 943.17, F.S.

      3. Beginning July 1, 2004 new operators of ASC devices must complete the ASC training course or speed measurement device (SMD) course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S. Operators of ASC devices similar to the VASCAR and Kustom Tracker must complete additional clocks using each of their five basic clocking methods.

      4. After July 1, 2004, new operators of RSMD’s, LSMD’s and ASC’s must complete the Speed Measurement Device training course established by the Criminal Justice Standards and Training Commission pursuant to Section 943.17, F.S.

   2. (b) Has made an independent visual determination that the vehicle is operating in excess of the applicable speed limit.
   3. (c) Has written a citation based on evidence obtained from a RSMD or LSMD when conditions permit the clear assignment of speed to a single vehicle.
   4. (d) Is using a RSMD which has no automatic speed locks and no audio alarms, unless disconnected or de-activated. This requirement is not applicable to a LSMD.
   5. (e) Is operating a RSMD with audio Doppler engaged. This requirement is not applicable to a LSMD.
   6. (f) Is using a RSMD, LSMD, ASC or other SMD that meets the minimum design criteria set forth in these rules.
   7. (g) Is operating a RSMD tested according to Rule 15B-2.009, F.A.C., or a LSMD tested according to Rule 15B-2.016, F.A.C.

Rulemaking Authority 316.1905, 316.1906 FS. Law Implemented 316.1905, 316.1906, 943.17 FS. History–New 9-11-78, Amended 7-12-82, Formerly 15B-2.07, Amended 11-16-92, 10-18-94, 5-23-04.