Senate Bill sb1598

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    Florida Senate - 2002                                  SB 1598

    By Senator Clary





    7-365-02

  1                      A bill to be entitled

  2         An act relating to emergency lights on

  3         vehicles; amending ss. 316.2397, 316.2398,

  4         F.S.; revising penalties for showing or

  5         displaying certain lights; providing an

  6         effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsections (2) and (5) of section

11  316.2397, Florida Statutes, are amended to read:

12         316.2397  Certain lights prohibited; exceptions.--

13         (2)  It is expressly prohibited for any vehicle or

14  equipment, except police vehicles, to show or display blue

15  lights. However, vehicles owned, operated, or leased by the

16  Department of Corrections may show or display blue lights when

17  responding to emergencies. A person who violates this

18  subsection is guilty of a misdemeanor of the first degree,

19  punishable as provided in s. 843.081.

20         (10)  Except as provided in subsection (2), a violation

21  of this section is a noncriminal traffic infraction,

22  punishable as a nonmoving violation as provided in chapter

23  318.

24         Section 2.  Section 316.2398, Florida Statutes, is

25  amended to read:

26         316.2398  Display or use of red lights; motor vehicles

27  of volunteer firefighters or medical staff.--

28         (1)  A privately owned vehicle belonging to an active

29  firefighter member of a regularly organized volunteer

30  firefighting company or association, while en route to the

31  fire station for the purpose of proceeding to the scene of a

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    Florida Senate - 2002                                  SB 1598
    7-365-02




  1  fire or other emergency or while en route to the scene of a

  2  fire or other emergency in the line of duty as an active

  3  firefighter member of a regularly organized firefighting

  4  company or association, or a privately owned vehicle belonging

  5  to a medical staff physician or technician of a medical

  6  facility licensed by the state, while responding to an

  7  emergency in the line of duty, may display or use a red light

  8  visible from the front and from the rear of such vehicle,

  9  subject to the following restrictions and conditions:

10         (a)  A light may not have a light source greater than

11  100,000 50 candlepower.

12         (b)  Only one red light of the revolving type may be

13  displayed, and such light must be permanently or magnetically

14  mounted to the dashboard or roof of the vehicle.

15         (c)  The red light must consist of a lamp with a red

16  lens, but may not consist of an uncolored lens with a red

17  bulb.

18         (d)  The red light may not be a part of the regular

19  headlamps, taillights, or turn signal lights displayed on such

20  vehicle.

21         (e)  No inscription of any kind may appear across the

22  face of the lens of the red light.

23         (f)  The lens of the red light may not be less than 3

24  inches or more than 8 inches in diameter.

25         (g)  In order for an active volunteer firefighter to

26  display such a red light on his or her vehicle, the volunteer

27  firefighter must first secure a written permit from the chief

28  executive officers of the firefighting organization to use the

29  red light, and this permit must be carried by the volunteer

30  firefighter at all times while the red light is displayed.

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    Florida Senate - 2002                                  SB 1598
    7-365-02




  1         (2)  It is unlawful for any person who is not an active

  2  firefighter member of a regularly organized volunteer

  3  firefighting company or association or a physician or

  4  technician of the medical staff of a medical facility licensed

  5  by the state to display on any motor vehicle owned by him or

  6  her, at any time, a red light as described in subsection (1).

  7         (3)  It is unlawful for an active volunteer firefighter

  8  to operate a red light as authorized in subsection (1), except

  9  while en route to the fire station for the purpose of

10  proceeding to the scene of a fire or other emergency, or while

11  en route to the scene of a fire or other emergency, in the

12  line of duty.

13         (4)  It is unlawful for a physician or technician of

14  the medical staff of a medical facility to operate a red light

15  as authorized in subsection (1), except when responding to an

16  emergency in the line of duty.

17         (5)(a)  A violation of this section by a person

18  authorized under subsection (1) to display a red light is a

19  nonmoving violation, punishable as provided in chapter 318.

20  In addition, any volunteer firefighter shall be dismissed from

21  membership in the firefighting organization by the chief

22  executive officers thereof and may not serve as a firefighter

23  in this state for a period of 1 year after the date of such

24  violation.

25         (b)  A person, other than a person authorized under

26  subsection (1), who displays a red light in violation of this

27  section is guilty of a misdemeanor of the second degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         Section 3.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                  SB 1598
    7-365-02




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  2                          SENATE SUMMARY

  3    Increases a penalty for the use of emergency lights on
      vehicles by unauthorized persons.
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