Florida Senate - 2009 SB 1030 By Senator Garcia 40-01503-09 20091030__ 1 A bill to be entitled 2 An act relating to the use of lights on motor 3 vehicles; amending s. 316.2397, F.S.; authorizing 4 vehicles owned, operated, or leased by any county 5 correctional agency to show or display blue lights 6 when responding to emergencies; providing an effective 7 date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 316.2397, Florida Statutes, is amended 12 to read: 13 316.2397 Certain lights prohibited; exceptions.— 14 (1) No person shall drive or move or cause to be moved any 15 vehicle or equipment upon any highway within this state with any 16 lamp or device thereon showing or displaying a red or blue light 17 visible from directly in front thereof except for certain 18 vehicles hereinafter provided. 19 (2) It is expressly prohibited for any vehicle or 20 equipment, except police vehicles, to show or display blue 21 lights. However, vehicles owned, operated, or leased by the 22 Department of Corrections or any county correctional agency may 23 show or display blue lights when responding to emergencies. 24 (3) Vehicles of the fire department and fire patrol, 25 including vehicles of volunteer firefighters as permitted under 26 s. 316.2398, vehicles of medical staff physicians or technicians 27 of medical facilities licensed by the state as authorized under 28 s. 316.2398, ambulances as authorized under this chapter, and 29 buses and taxicabs as authorized under s. 316.2399 are permitted 30 to show or display red lights. Vehicles of the fire department, 31 fire patrol, police vehicles, and such ambulances and emergency 32 vehicles of municipal and county departments, public service 33 corporations operated by private corporations, the Department of 34 Environmental Protection, the Department of Transportation, the 35 Department of Agriculture and Consumer Services, and the 36 Department of Corrections as are designated or authorized by 37 their respective department or the chief of police of an 38 incorporated city or any sheriff of any county are hereby 39 authorized to operate emergency lights and sirens in an 40 emergency. Wreckers, mosquito control fog and spray vehicles, 41 and emergency vehicles of governmental departments or public 42 service corporations may show or display amber lights when in 43 actual operation or when a hazard exists provided they are not 44 used going to and from the scene of operation or hazard without 45 specific authorization of a law enforcement officer or law 46 enforcement agency. Wreckers must use amber rotating or flashing 47 lights while performing recoveries and loading on the roadside 48 day or night, and may use such lights while towing a vehicle on 49 wheel lifts, slings, or under reach if the operator of the 50 wrecker deems such lights necessary. A flatbed, car carrier, or 51 rollback may not use amber rotating or flashing lights when 52 hauling a vehicle on the bed unless it creates a hazard to other 53 motorists because of protruding objects. Further, escort 54 vehicles may show or display amber lights when in the actual 55 process of escorting overdimensioned equipment, material, or 56 buildings as authorized by law. Vehicles owned or leased by 57 private security agencies may show or display green and amber 58 lights, with either color being no greater than 50 percent of 59 the lights displayed, while the security personnel are engaged 60 in security duties on private or public property. 61 (4) Road or street maintenance equipment, road or street 62 maintenance vehicles, road service vehicles, refuse collection 63 vehicles, petroleum tankers, and mail carrier vehicles may show 64 or display amber lights when in operation or a hazard exists. 65 (5) Road maintenance and construction equipment and 66 vehicles may display flashing white lights or flashing white 67 strobe lights when in operation and where a hazard exists. 68 Additionally, school buses and vehicles that are used to 69 transport farm workers may display flashing white strobe lights. 70 (6) All lighting equipment heretofore referred to shall 71 meet all requirements as set forth in s. 316.241. 72 (7) Flashing lights are prohibited on vehicles except as a 73 means of indicating a right or left turn, to change lanes, or to 74 indicate that the vehicle is lawfully stopped or disabled upon 75 the highway or except that the lamps authorized in subsections 76 (1), (2), (3), (4), and (9) and s. 316.235(5) are permitted to 77 flash. 78 (8) Subsections (1) and (7) do not apply to police, fire, 79 or authorized emergency vehicles while in the performance of 80 their necessary duties. 81 (9) Flashing red lights may be used by emergency response 82 vehicles of the Department of Environmental Protection and the 83 Department of Health when responding to an emergency in the line 84 of duty. 85 (10) A violation of this section is a noncriminal traffic 86 infraction, punishable as a nonmoving violation as provided in 87 chapter 318. 88 Section 2. This act shall take effect July 1, 2009.