Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1164
       
       
       
       
       
       
                                Ì319188QÎ319188                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2024           .                                
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       The Committee on Transportation (Burton) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (54) through (111) of
    6  section 316.003, Florida Statutes, are redesignated as
    7  subsections (55) through (112), respectively, a new subsection
    8  (54) is added to that section, and subsection (1) and present
    9  subsection (64) of that section are amended, to read:
   10         316.003 Definitions.—The following words and phrases, when
   11  used in this chapter, shall have the meanings respectively
   12  ascribed to them in this section, except where the context
   13  otherwise requires:
   14         (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
   15  department (fire patrol), police vehicles, organ transport
   16  vehicles, emergency management vehicles, and such ambulances and
   17  emergency vehicles of municipal departments, volunteer ambulance
   18  services, public service corporations operated by private
   19  corporations, the Fish and Wildlife Conservation Commission, the
   20  Department of Environmental Protection, the Department of
   21  Health, the Department of Transportation, and the Department of
   22  Corrections as are designated or authorized by their respective
   23  departments or the chief of police of an incorporated city or
   24  any sheriff of any of the various counties.
   25         (54) ORGAN TRANSPORT VEHICLE.–Any dedicated and marked
   26  vehicle operated by an organ procurement organization,
   27  transplant center, or its contracted service provider to
   28  transport organs or surgical teams for organ recovery or
   29  transplant. An operator of such vehicle must have completed a
   30  16-hour emergency vehicle operator course.
   31         (65)(64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   32  provided in paragraph (90)(b) (89)(b), any privately owned way
   33  or place used for vehicular travel by the owner and those having
   34  express or implied permission from the owner, but not by other
   35  persons.
   36         Section 2. Paragraph (a) of subsection (5) of section
   37  316.072, Florida Statutes, is amended to read:
   38         316.072 Obedience to and effect of traffic laws.—
   39         (5) AUTHORIZED EMERGENCY VEHICLES.—
   40         (a)1. The driver of an authorized emergency vehicle, when
   41  responding to an emergency call, when transporting organs or
   42  surgical teams for organ recovery or transplant while en route
   43  to a hospital, an airport, or other designated location, when in
   44  the pursuit of an actual or suspected violator of the law, or
   45  when responding to a fire alarm, but not upon returning from a
   46  fire;
   47         2. A medical staff physician or technician of a medical
   48  facility licensed by the state or of a volunteer ambulance
   49  service when responding to an emergency in the line of duty in
   50  his or her privately owned vehicle, using red lights as
   51  authorized in s. 316.2398; or
   52         3. The driver of an authorized law enforcement vehicle,
   53  when conducting a nonemergency escort, to warn the public of an
   54  approaching motorcade;
   55  
   56  may exercise the privileges set forth in this section, but
   57  subject to the conditions herein stated.
   58         Section 3. Subsection (3) of section 316.2397, Florida
   59  Statutes, is amended to read:
   60         316.2397 Certain lights prohibited; exceptions.—
   61         (3)(a) Vehicles of the fire department and fire patrol,
   62  including vehicles of volunteer firefighters as permitted under
   63  s. 316.2398, may show or display red or red and white lights.
   64         (b) Vehicles of medical staff physicians or technicians of
   65  medical facilities licensed by the state or of volunteer
   66  ambulance services as authorized under s. 316.2398, ambulances
   67  as authorized under this chapter, and buses and taxicabs as
   68  authorized under s. 316.2399 may show or display red lights.
   69  Vehicles of the fire department, fire patrol, police vehicles,
   70  and such ambulances and emergency vehicles of municipal and
   71  county departments, volunteer ambulance services, public service
   72  corporations operated by private corporations, the Fish and
   73  Wildlife Conservation Commission, the Department of
   74  Environmental Protection, the Department of Transportation, the
   75  Department of Agriculture and Consumer Services, and the
   76  Department of Corrections as are designated or authorized by
   77  their respective department or the chief of police of an
   78  incorporated city or any sheriff of any county may operate
   79  emergency lights and sirens in an emergency.
   80         (c) Organ transport vehicles transporting organs or
   81  surgical teams for organ recovery or transplant may show or
   82  display red lights and operate sirens while en route to a
   83  hospital, an airport, or other designated location.
   84         (d) Wreckers, mosquito control fog and spray vehicles, and
   85  emergency vehicles of governmental departments or public service
   86  corporations may show or display amber lights when in actual
   87  operation or when a hazard exists provided they are not used
   88  going to and from the scene of operation or hazard without
   89  specific authorization of a law enforcement officer or law
   90  enforcement agency.
   91         (e) Wreckers must use amber rotating or flashing lights
   92  while performing recoveries and loading on the roadside day or
   93  night, and may use such lights while towing a vehicle on wheel
   94  lifts, slings, or under reach if the operator of the wrecker
   95  deems such lights necessary. A flatbed, car carrier, or rollback
   96  may not use amber rotating or flashing lights when hauling a
   97  vehicle on the bed unless it creates a hazard to other motorists
   98  because of protruding objects. Further, escort vehicles may show
   99  or display amber lights when in the actual process of escorting
  100  overdimensioned equipment, material, or buildings as authorized
  101  by law.
  102         (f) Vehicles owned or leased by private security agencies
  103  may show or display green and amber lights, with either color
  104  being no greater than 50 percent of the lights displayed, while
  105  the security personnel are engaged in security duties on private
  106  or public property.
  107         Section 4. Subsection (1) of section 316.2398, Florida
  108  Statutes, is amended to read:
  109         316.2398 Display or use of red or red and white warning
  110  signals; motor vehicles of volunteer firefighters or medical
  111  staff.—
  112         (1) A privately owned vehicle belonging to an active
  113  firefighter member of a regularly organized volunteer
  114  firefighting company or association, while en route to the fire
  115  station for the purpose of proceeding to the scene of a fire or
  116  other emergency or while en route to the scene of a fire or
  117  other emergency in the line of duty as an active firefighter
  118  member of a regularly organized firefighting company or
  119  association, may display or use red or red and white warning
  120  signals. A privately owned vehicle belonging to a medical staff
  121  physician or technician of a medical facility licensed by the
  122  state or of a volunteer ambulance service, while responding to
  123  an emergency in the line of duty, may display or use red warning
  124  signals. An organ transport vehicle, while transporting organs
  125  or surgical teams for organ recovery or transplant while en
  126  route to a hospital, an airport, or other designated location,
  127  may display or use red warning signals. Warning signals must be
  128  visible from the front and from the rear of such vehicle,
  129  subject to the following restrictions and conditions:
  130         (a) No more than two red or red and white warning signals
  131  may be displayed.
  132         (b) No inscription of any kind may appear across the face
  133  of the lens of the red or red and white warning signal.
  134         (c) In order for an active volunteer firefighter to display
  135  such red or red and white warning signals on his or her vehicle,
  136  the volunteer firefighter must first secure a written permit
  137  from the chief executive officers of the firefighting
  138  organization to use the red or red and white warning signals,
  139  and this permit must be carried by the volunteer firefighter at
  140  all times while the red or red and white warning signals are
  141  displayed.
  142         (d) An emergency medical technician, doctor, or paramedic
  143  who is using his or her personal vehicle with a red light to
  144  respond to an emergency call must have completed a 16-hour
  145  emergency vehicle operator course.
  146         Section 5. Subsection (4) of section 316.271, Florida
  147  Statutes, is amended to read:
  148         316.271 Horns and warning devices.—
  149         (4) No vehicle shall be equipped with, nor shall any person
  150  use upon a vehicle, any siren, whistle, or bell, except as
  151  otherwise permitted in this section or s. 316.2397.
  152         Section 6. Paragraph (a) of subsection (3) of section
  153  316.306, Florida Statutes, is amended to read:
  154         316.306 School and work zones; prohibition on the use of a
  155  wireless communications device in a handheld manner.—
  156         (3)(a)1. A person may not operate a motor vehicle while
  157  using a wireless communications device in a handheld manner in a
  158  designated school crossing, school zone, or work zone area as
  159  defined in s. 316.003(112) s. 316.003(111). This subparagraph
  160  shall only be applicable to work zone areas if construction
  161  personnel are present or are operating equipment on the road or
  162  immediately adjacent to the work zone area. For the purposes of
  163  this paragraph, a motor vehicle that is stationary is not being
  164  operated and is not subject to the prohibition in this
  165  paragraph.
  166         2. Effective January 1, 2020, a law enforcement officer may
  167  stop motor vehicles and issue citations to persons who are
  168  driving while using a wireless communications device in a
  169  handheld manner in violation of subparagraph 1.
  170         Section 7. Subsection (1) of section 655.960, Florida
  171  Statutes, is amended to read:
  172         655.960 Definitions; ss. 655.960-655.965.—As used in this
  173  section and ss. 655.961-655.965, unless the context otherwise
  174  requires:
  175         (1) “Access area” means any paved walkway or sidewalk which
  176  is within 50 feet of any automated teller machine. The term does
  177  not include any street or highway open to the use of the public,
  178  as defined in s. 316.003(90)(a) or (b) s. 316.003(89)(a) or (b),
  179  including any adjacent sidewalk, as defined in s. 316.003.
  180         Section 8. This act shall take effect July 1, 2024.
  181  
  182  ================= T I T L E  A M E N D M E N T ================
  183  And the title is amended as follows:
  184         Delete everything before the enacting clause
  185  and insert:
  186                        A bill to be entitled                      
  187         An act relating to the use of lights and sirens on
  188         authorized emergency vehicles; amending s. 316.003,
  189         F.S.; revising the definition of the term “authorized
  190         emergency vehicles”; defining the term “organ
  191         transport vehicle”; amending s. 316.072, F.S.;
  192         authorizing organ transport vehicles to exercise
  193         certain privileges; amending s. 316.2397, F.S.;
  194         providing that certain vehicles transporting organs
  195         and surgical teams for organ recovery or transplant
  196         may show or display red lights and operate sirens
  197         while en route to a hospital, an airport, or other
  198         designated location; amending s. 316.2398, F.S.;
  199         authorizing the display or use of red warning signals
  200         by organ transport vehicles under certain
  201         circumstances; amending s. 316.271, F.S., conforming a
  202         provision to changes made by the act; amending ss.
  203         316.306 and 655.960, F.S.; conforming cross
  204         references; providing an effective date.