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.