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