HB 545

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


CODING: Words stricken are deletions; words underlined are additions.