Florida Senate - 2024                             CS for SB 1164
       
       
        
       By the Committee on Transportation; and Senator Burton
       
       
       
       
       
       596-02667-24                                          20241164c1
    1                        A bill to be entitled                      
    2         An act relating to the use of lights and sirens on
    3         authorized emergency vehicles; amending s. 316.003,
    4         F.S.; revising the definition of the term “authorized
    5         emergency vehicles”; defining the term “organ
    6         transport vehicle”; amending s. 316.072, F.S.;
    7         authorizing organ transport vehicles to exercise
    8         certain privileges; amending s. 316.2397, F.S.;
    9         providing that certain vehicles transporting organs
   10         and surgical teams for organ recovery or transplant
   11         may show or display red lights and operate sirens
   12         while en route to a hospital, an airport, or other
   13         designated location; amending s. 316.2398, F.S.;
   14         authorizing the display or use of red warning signals
   15         by organ transport vehicles under certain
   16         circumstances; amending s. 316.271, F.S., conforming a
   17         provision to changes made by the act; amending ss.
   18         316.306 and 655.960, F.S.; conforming cross
   19         references; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsections (54) through (111) of
   24  section 316.003, Florida Statutes, are redesignated as
   25  subsections (55) through (112), respectively, a new subsection
   26  (54) is added to that section, and subsection (1) and present
   27  subsection (64) of that section are amended, to read:
   28         316.003 Definitions.—The following words and phrases, when
   29  used in this chapter, shall have the meanings respectively
   30  ascribed to them in this section, except where the context
   31  otherwise requires:
   32         (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
   33  department (fire patrol), police vehicles, organ transport
   34  vehicles, emergency management vehicles, and such ambulances and
   35  emergency vehicles of municipal departments, volunteer ambulance
   36  services, public service corporations operated by private
   37  corporations, the Fish and Wildlife Conservation Commission, the
   38  Department of Environmental Protection, the Department of
   39  Health, the Department of Transportation, and the Department of
   40  Corrections as are designated or authorized by their respective
   41  departments or the chief of police of an incorporated city or
   42  any sheriff of any of the various counties.
   43         (54) ORGAN TRANSPORT VEHICLE.–Any dedicated and marked
   44  vehicle operated by an organ procurement organization,
   45  transplant center, or its contracted service provider to
   46  transport organs or surgical teams for organ recovery or
   47  transplant. An operator of such vehicle must have completed a
   48  16-hour emergency vehicle operator course.
   49         (65)(64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   50  provided in paragraph (90)(b) (89)(b), any privately owned way
   51  or place used for vehicular travel by the owner and those having
   52  express or implied permission from the owner, but not by other
   53  persons.
   54         Section 2. Paragraph (a) of subsection (5) of section
   55  316.072, Florida Statutes, is amended to read:
   56         316.072 Obedience to and effect of traffic laws.—
   57         (5) AUTHORIZED EMERGENCY VEHICLES.—
   58         (a)1. The driver of an authorized emergency vehicle, when
   59  responding to an emergency call, when transporting organs or
   60  surgical teams for organ recovery or transplant while en route
   61  to a hospital, an airport, or other designated location, when in
   62  the pursuit of an actual or suspected violator of the law, or
   63  when responding to a fire alarm, but not upon returning from a
   64  fire;
   65         2. A medical staff physician or technician of a medical
   66  facility licensed by the state or of a volunteer ambulance
   67  service when responding to an emergency in the line of duty in
   68  his or her privately owned vehicle, using red lights as
   69  authorized in s. 316.2398; or
   70         3. The driver of an authorized law enforcement vehicle,
   71  when conducting a nonemergency escort, to warn the public of an
   72  approaching motorcade;
   73  
   74  may exercise the privileges set forth in this section, but
   75  subject to the conditions herein stated.
   76         Section 3. Subsection (3) of section 316.2397, Florida
   77  Statutes, is amended to read:
   78         316.2397 Certain lights prohibited; exceptions.—
   79         (3)(a) Vehicles of the fire department and fire patrol,
   80  including vehicles of volunteer firefighters as permitted under
   81  s. 316.2398, may show or display red or red and white lights.
   82         (b) Vehicles of medical staff physicians or technicians of
   83  medical facilities licensed by the state or of volunteer
   84  ambulance services as authorized under s. 316.2398, ambulances
   85  as authorized under this chapter, and buses and taxicabs as
   86  authorized under s. 316.2399 may show or display red lights.
   87  Vehicles of the fire department, fire patrol, police vehicles,
   88  and such ambulances and emergency vehicles of municipal and
   89  county departments, volunteer ambulance services, public service
   90  corporations operated by private corporations, the Fish and
   91  Wildlife Conservation Commission, the Department of
   92  Environmental Protection, the Department of Transportation, the
   93  Department of Agriculture and Consumer Services, and the
   94  Department of Corrections as are designated or authorized by
   95  their respective department or the chief of police of an
   96  incorporated city or any sheriff of any county may operate
   97  emergency lights and sirens in an emergency.
   98         (c) Organ transport vehicles transporting organs or
   99  surgical teams for organ recovery or transplant may show or
  100  display red lights and operate sirens while en route to a
  101  hospital, an airport, or other designated location.
  102         (d) Wreckers, mosquito control fog and spray vehicles, and
  103  emergency vehicles of governmental departments or public service
  104  corporations may show or display amber lights when in actual
  105  operation or when a hazard exists provided they are not used
  106  going to and from the scene of operation or hazard without
  107  specific authorization of a law enforcement officer or law
  108  enforcement agency.
  109         (e) Wreckers must use amber rotating or flashing lights
  110  while performing recoveries and loading on the roadside day or
  111  night, and may use such lights while towing a vehicle on wheel
  112  lifts, slings, or under reach if the operator of the wrecker
  113  deems such lights necessary. A flatbed, car carrier, or rollback
  114  may not use amber rotating or flashing lights when hauling a
  115  vehicle on the bed unless it creates a hazard to other motorists
  116  because of protruding objects. Further, escort vehicles may show
  117  or display amber lights when in the actual process of escorting
  118  overdimensioned equipment, material, or buildings as authorized
  119  by law.
  120         (f) Vehicles owned or leased by private security agencies
  121  may show or display green and amber lights, with either color
  122  being no greater than 50 percent of the lights displayed, while
  123  the security personnel are engaged in security duties on private
  124  or public property.
  125         Section 4. Subsection (1) of section 316.2398, Florida
  126  Statutes, is amended to read:
  127         316.2398 Display or use of red or red and white warning
  128  signals; motor vehicles of volunteer firefighters or medical
  129  staff.—
  130         (1) A privately owned vehicle belonging to an active
  131  firefighter member of a regularly organized volunteer
  132  firefighting company or association, while en route to the fire
  133  station for the purpose of proceeding to the scene of a fire or
  134  other emergency or while en route to the scene of a fire or
  135  other emergency in the line of duty as an active firefighter
  136  member of a regularly organized firefighting company or
  137  association, may display or use red or red and white warning
  138  signals. A privately owned vehicle belonging to a medical staff
  139  physician or technician of a medical facility licensed by the
  140  state or of a volunteer ambulance service, while responding to
  141  an emergency in the line of duty, may display or use red warning
  142  signals. An organ transport vehicle, while transporting organs
  143  or surgical teams for organ recovery or transplant while en
  144  route to a hospital, an airport, or other designated location,
  145  may display or use red warning signals. Warning signals must be
  146  visible from the front and from the rear of such vehicle,
  147  subject to the following restrictions and conditions:
  148         (a) No more than two red or red and white warning signals
  149  may be displayed.
  150         (b) No inscription of any kind may appear across the face
  151  of the lens of the red or red and white warning signal.
  152         (c) In order for an active volunteer firefighter to display
  153  such red or red and white warning signals on his or her vehicle,
  154  the volunteer firefighter must first secure a written permit
  155  from the chief executive officers of the firefighting
  156  organization to use the red or red and white warning signals,
  157  and this permit must be carried by the volunteer firefighter at
  158  all times while the red or red and white warning signals are
  159  displayed.
  160         (d) An emergency medical technician, doctor, or paramedic
  161  who is using his or her personal vehicle with a red light to
  162  respond to an emergency call must have completed a 16-hour
  163  emergency vehicle operator course.
  164         Section 5. Subsection (4) of section 316.271, Florida
  165  Statutes, is amended to read:
  166         316.271 Horns and warning devices.—
  167         (4) No vehicle shall be equipped with, nor shall any person
  168  use upon a vehicle, any siren, whistle, or bell, except as
  169  otherwise permitted in this section or s. 316.2397.
  170         Section 6. Paragraph (a) of subsection (3) of section
  171  316.306, Florida Statutes, is amended to read:
  172         316.306 School and work zones; prohibition on the use of a
  173  wireless communications device in a handheld manner.—
  174         (3)(a)1. A person may not operate a motor vehicle while
  175  using a wireless communications device in a handheld manner in a
  176  designated school crossing, school zone, or work zone area as
  177  defined in s. 316.003(112) s. 316.003(111). This subparagraph
  178  shall only be applicable to work zone areas if construction
  179  personnel are present or are operating equipment on the road or
  180  immediately adjacent to the work zone area. For the purposes of
  181  this paragraph, a motor vehicle that is stationary is not being
  182  operated and is not subject to the prohibition in this
  183  paragraph.
  184         2. Effective January 1, 2020, a law enforcement officer may
  185  stop motor vehicles and issue citations to persons who are
  186  driving while using a wireless communications device in a
  187  handheld manner in violation of subparagraph 1.
  188         Section 7. Subsection (1) of section 655.960, Florida
  189  Statutes, is amended to read:
  190         655.960 Definitions; ss. 655.960-655.965.—As used in this
  191  section and ss. 655.961-655.965, unless the context otherwise
  192  requires:
  193         (1) “Access area” means any paved walkway or sidewalk which
  194  is within 50 feet of any automated teller machine. The term does
  195  not include any street or highway open to the use of the public,
  196  as defined in s. 316.003(90)(a) or (b) s. 316.003(89)(a) or (b),
  197  including any adjacent sidewalk, as defined in s. 316.003.
  198         Section 8. This act shall take effect July 1, 2024.