Notice of Proposed Rule

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Florida Highway Patrol
RULE NO: RULE TITLE
15B-2.013: Approved Speed Measuring Devices
PURPOSE AND EFFECT: An amendment to paragraphs 15B-2.013(5)(b), (d), Florida Administrative Code, is needed to add those laser devices approved since the last revision. Furthermore, since the last revision of the Chapter 15B-2, Florida Administrative Code, additional radar speed measuring devices have been approved for use in the State of Florida. Rule 15B-2.013, Florida Administrative Code, “Approved Speed Measuring Devices” will be amended to add those devices approved since the last revision. In addition, Rule 15B-2.013, Florida Administrative Code, “Approved Speed Measuring Devices” will be amended by changing the reference number or letter to each currently listed speed measuring device for ease of reference. Also, paragraph 15B-2.013(1)(g), Florida Administrative Code, will be amended to reflect CMI/MPH Industries, Inc., to be included as a corporate name for M.P.H. Industries Inc., or CMI/MPH. Lastly, paragraph 15B-2.013(5)(d), Florida Administrative Code, will be amended to reflect Laser Atlanta, LLC, to be included as a corporate name for Laser Atlanta Optics, Inc.
SUMMARY: An amendment to paragraphs 15B-2.013(5)(b), (d), Florida Administrative Code, is needed to add those laser devices approved since the last revision. Furthermore, Rule 15B-2.013, Florida Administrative Code, “Approved Speed Measuring Devices” will be amended to reflect those radar speed measuring devices approved since the last revision. In addition, Rule 15B-2.013, Florida Administrative Code, “Approved Speed Measuring Devices” will be amended by changing the reference number or letter to each currently listed speed measuring device for ease of reference. Also, paragraph 15B-2.013(1)(g), Florida Administrative Code, will be amended to reflect CMI/MPH Industries, Inc., to be included as a corporate name for M.P.H. Industries Inc., or CMI/MPH. Lastly, paragraph 15B-2.013(5)(d), Florida Administrative Code, will be amended to reflect Laser Atlanta, LLC, to be included as a corporate name for Laser Atlanta Optics, Inc.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 316.1905 FS.
LAW IMPLEMENTED: 316.1905, 316.1906 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 3, 2008, 9:00 a.m.
PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room A4.36, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lieutenant Ronald W. Castleberry, Equipment, Compliance and Testing – Florida Highway Patrol, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room #A315, Tallahassee, Florida 32399, (850)617-2939

THE FULL TEXT OF THE PROPOSED RULE IS:

15B-2.013 Approved Speed Measuring Devices.

The following speed measuring devices have been approved for use in this State by the Department pursuant to this rule Chapter.

(1) Radar units acquired for use in this State after August 1, 1982, are listed below. Additional radar units will be approved by the Department based on conformance to these rules. Evidence of approval of additional units shall be by a Certificate of Approval Form HSMV 60013 (Rev. 7/03), which is available by contacting the Florida Highway Patrol, Neil Kirkman Building, Tallahassee, Florida 32399-0500, or by disseminating the listing of additional units on the Florida Crime Information Center (FCIC) computer system, or by listing on the Division of Florida Highway Patrol website.

(a) Applied Concepts, Inc., formerly known as Applied Concepts Marketing –

1. Model STALKER;

2.(b) Applied Concepts, Inc., formerly known as Applied Concepts Marketing – Model STALKER DUAL;

3.(c) Applied Concepts, Inc., formerly known as Applied Concepts Marketing – Model STALKER DUAL SL;

4.(d) Applied Concepts, Inc., formerly known as Applied Concepts Marketing – Model STALKER DUAL DSR;

5.(e) Applied Concepts, Inc., formerly known as Applied Concepts Marketing – Model STALKER BASIC – stationary and moving;

6. Model DSR2X;

7. Model Stalker II MDR;

8. Model Stalker II SDR.

(b)(f) Broderick Enforcement Electronic – Model BEE-36;

(g) CMI/MPH Industries, Inc., – Model Python;

(c)(h) Decatur Electronics, Inc., –

1. Model MVF 724;

2.(i) Decatur Electronics, Inc., – Model KF-1;

3.(j) Decatur Electronics, Inc., – Model Genesis-I;

4.(k) Decatur Electronics, Inc., – Model Genesis - II;

5.(l) Decatur Electronics, Inc., – Genesis Handheld;

6.(m) Decatur Electronics, Inc., – Model Genesis VP;

7.(n) Decatur Electronics, Inc., – Model Genesis VP – Directional;

8. Genesis GHD (Handheld Directional);

9. Gensis II – Select;

10. Gensis II – Directional.

(d)(o) Kustom Electronics, Inc., or Kustom Signals, Inc., –

1. Model KR-10SP-F, Model KR-10SP;

2.(p) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model FALCON-F, Model FALCON;

3.(l) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model TROOPER-F, Model TROOPER;

4.(r) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model HAWK;

5.(s) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model PRO-1000, Model PRO-1000DS;

6.(t) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Eagle K-Band;

7.(u) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Eagle KA-Band;

8.(v) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Eagle Plus K-Band;

9.(w) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Eagle Plus KA-Band;

10.(x) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Silver Eagle K-Band;

11.(y) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Silver Eagle KA-Band;

12.(z) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Golden Eagle K-Band;

13.(aa) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Golden Eagle KA-Band;

14.(bb) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Golden Eagle Plus KA-Band;

15.(cc) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model HR-12;

16.(dd) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Talon;

17.(ee) Kustom Electronics, Inc., or Kustoms Signals, Inc., – Directional Golden Eagle KA-Band;

18. Golden Eagle Plus;

19. Eagle II Plus – DCM Antenna;

20. Eagle II – DCM Antenna;

21. Golden Eagle II – DCM Antenna;

22. Directional Golden Eagle II – DCM Antenna;

23. Talon II;

24. Eagle II Plus Ka;

25. Eagle II Ka;

26. Golden Eagle II Ka;

27. Pro – Lite Plus;

28. Falcon – HR – Stationary;

29. Falcon – HR – Moving;

30. Talon – Directional.

(e)(ff) McCoy’s LAWLINE Speed Trak Elite K, Ka and Elite KD (directional);

(f)(gg) M.P.H. Industries, Inc., or CMI/MPH or CMI/MPH Industries, Inc.,

1. Model K-15K “1986 Model,” Model K-15, Model K-15 II;

2.(hh) M.P.H. Industries, Inc., or CMI/MPH – Model MPH Speedgun (K-BAND);

3.(ii) M.P.H. Industries, Inc., or CMI/MPH – Model K-55K; Model BEE-36;

4.(jj) M.P.H. Industries, Inc., or CMI/MPH – Model Bee III;

5.(kk) M.P.H. Industries, Inc., or CMI/MPH – Model Enforcer;

6. Model Python;

7. Model Z-15;

8. Model Z-25;

9. Model Z-35;

10. Model Python III – Standard;

11. Model Python III – Fastest Speed, Same Direction.

(g)(ll) Tribar Industries, Inc., –

1. Model MDR-2;

2.(mm) Tribar Industries, Inc., – Model K-GP.

(2) Average Speed Calculators (ASC):

(a) Federal Sign and Signal Corp., – VASCAR II;

(b) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Tracker;

(c) Traffic Safety Systems, Inc., – VASCAR-Plus.

(3) Speedometers – All mechanical or electronic motor vehicle speedometers having certified calibration pursuant to these rules.

(4) Stopwatches – All stopwatches certified pursuant to subsection 15B-2.008(4) and Rule 15B-2.012, F.A.C. The following stopwatches are approved for use in this State when they have been tested according to this rule chapter. The absence on this list of other stopwatches used by other law enforcement agencies or the Florida Highway Patrol does not preclude their use when they have been properly tested.

 

Brand Name

Model Number

(a) Casio

HS-10W

(b) Timex Quartz Timer

None

(c) Heuer

1000

(d) Heuer

1010

(e) Seiko

S022-5009

(f) Accusplit

620-CT

(g) Minerva Manual Timer

None

(h) Seiko

87-0019G

(i) Aristo

Apollo

(j) Lorus

W903

(k) Marshall Browning International Corp.

Robic Acutrak SC-800

 

(5) Laser speed measuring devices (LSMD) – Evidence of approved LSMD shall be by a certificate or listing on the FCIC computer, or by a listing on the Division of Florida Highway Patrol website, as set forth in subsection (1) of this rule. In addition, the following LSMDs are approved for use in this State:

(a) Kustom Electronics, Inc., or Kustom Signals, Inc., – Model Prolaser II; Model Prolaser III;

(b) Laser Technology, Inc., – Model Marksman/LTI 20-20, Model Ultralyte LTI 20/20 Lidar, Model Ultralyte 100LR and 200LR, Model Ultralyte LR B; Model LTI 20/20 TruSpeed;

(c) Applied Concepts, Inc., – Model Stalker Lidar;

(d) Laser Atlanta Optics, Inc., or Laser Atlanta, LLC – Model Speed Laser, Model Speed Laser B.

Specific Authority 316.1905 FS. Law Implemented 316.1905, 316.1906 FS. History–New 1-1-90, Amended 11-16-92, 10-18-94, 10-2-95, 5-23-04,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Lieutenant Ronald W. Castleberry, Equipment, Compliance and Testing – Florida Highway Patrol, Department of Highway Safety and Motor Vehicles
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 30, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 8, 2008