Florida Senate - 2025 SB 1644
By Senator Rodriguez
40-01432B-25 20251644__
1 A bill to be entitled
2 An act relating to emergency vehicles; amending s.
3 316.072, F.S.; authorizing certain ambulance drivers
4 to exercise certain privileges; amending s. 316.2397,
5 F.S.; authorizing vehicles of certain ambulance
6 drivers to show or display red lights; amending s.
7 316.2398, F.S.; authorizing privately owned vehicles
8 belonging to certain ambulance drivers to display or
9 use red warning signals under certain circumstances,
10 subject to specified conditions; deleting a limitation
11 on the number of red or red and white warning signals
12 that certain vehicles may display; prohibiting certain
13 ambulance drivers from operating any red warning
14 signals except when responding to an emergency in the
15 line of duty; amending s. 401.25, F.S.; revising the
16 circumstances under which certain applicants for a
17 specified license are exempt from a requirement to
18 obtain certificates of public convenience and
19 necessity; requiring an applicant seeking such
20 exemption to submit a sworn affidavit to the
21 department attesting to certain facts; providing
22 criminal penalties for the submission of an affidavit
23 that fraudulently attests to certain facts; revising a
24 limitation on the number of counties that may be
25 granted a certain exemption; providing an effective
26 date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (a) of subsection (5) of section
31 316.072, Florida Statutes, is amended to read:
32 316.072 Obedience to and effect of traffic laws.—
33 (5) AUTHORIZED EMERGENCY VEHICLES.—
34 (a)1. The driver of an authorized emergency vehicle, when
35 responding to an emergency call; when transporting organs or
36 surgical teams for organ donation or transplant while en route
37 to a hospital, an airport, or other designated location; when in
38 the pursuit of an actual or suspected violator of the law; or
39 when responding to a fire alarm, but not upon returning from a
40 fire;
41 2. A medical staff physician or technician or an ambulance
42 driver as defined in s. 401.23 of a medical facility licensed by
43 the state or of a volunteer ambulance service when responding to
44 an emergency in the line of duty in his or her privately owned
45 vehicle, using red lights as authorized in s. 316.2398; or
46 3. The driver of an authorized law enforcement vehicle,
47 when conducting a nonemergency escort, to warn the public of an
48 approaching motorcade;
49
50 may exercise the privileges set forth in this section, but
51 subject to the conditions herein stated.
52 Section 2. Paragraph (b) of subsection (3) of section
53 316.2397, Florida Statutes, is amended to read:
54 316.2397 Certain lights prohibited; exceptions.—
55 (3)
56 (b) Vehicles of medical staff physicians or technicians or
57 ambulance drivers as defined in s. 401.23 of medical facilities
58 licensed by the state or of volunteer ambulance services as
59 authorized under s. 316.2398, ambulances as authorized under
60 this chapter, and buses and taxicabs as authorized under s.
61 316.2399 may show or display red lights.
62 Section 3. Subsections (1), (2), and (4) of section
63 316.2398, Florida Statutes, are amended to read:
64 316.2398 Display or use of red or red and white warning
65 signals; motor vehicles of volunteer firefighters or medical
66 staff.—
67 (1) A privately owned vehicle belonging to an active
68 firefighter member of a regularly organized volunteer
69 firefighting company or association, while en route to the fire
70 station for the purpose of proceeding to the scene of a fire or
71 other emergency or while en route to the scene of a fire or
72 other emergency in the line of duty as an active firefighter
73 member of a regularly organized firefighting company or
74 association, may display or use red or red and white warning
75 signals. A privately owned vehicle belonging to a medical staff
76 physician or technician or an ambulance driver as defined in s.
77 401.23 of a medical facility licensed by the state or of a
78 volunteer ambulance service, while responding to an emergency in
79 the line of duty, may display or use red warning signals. An
80 organ transport vehicle, while transporting organs or surgical
81 teams for organ donation or transplant while en route to a
82 hospital, an airport, or other designated location, may display
83 or use red warning signals. Warning signals must be visible from
84 the front and from the rear of such vehicle, subject to the
85 following restrictions and conditions:
86 (a) No more than two red or red and white warning signals
87 may be displayed.
88 (b) No inscription of any kind may appear across the face
89 of the lens of the red or red and white warning signal.
90 (b)(c) In order for an active volunteer firefighter to
91 display such red or red and white warning signals on his or her
92 vehicle, the volunteer firefighter must first secure a written
93 permit from the chief executive officers of the firefighting
94 organization to use the red or red and white warning signals,
95 and this permit must be carried by the volunteer firefighter at
96 all times while the red or red and white warning signals are
97 displayed.
98 (c)(d) An emergency medical technician, a doctor, a or
99 paramedic, or an ambulance driver as defined in s. 401.23 who is
100 using his or her personal vehicle with a red light to respond to
101 an emergency call must have completed a 16-hour emergency
102 vehicle operator course.
103 (2) A person who is not an active firefighter member of a
104 regularly organized volunteer firefighting company or
105 association or a physician or technician of the medical staff or
106 an ambulance driver as defined in s. 401.23 of a medical
107 facility licensed by the state or of a volunteer ambulance
108 service may not display on any motor vehicle owned by him or
109 her, at any time, any red or red and white warning signals as
110 described in subsection (1).
111 (4) A physician or technician of the medical staff or an
112 ambulance driver as defined in s. 401.23 of a medical facility
113 licensed by the state or of a volunteer ambulance service may
114 not operate any red warning signals as authorized in subsection
115 (1), except when responding to an emergency in the line of duty.
116 Section 4. Paragraph (d) of subsection (2) of section
117 401.25, Florida Statutes, is amended to read:
118 401.25 Licensure as a basic life support or an advanced
119 life support service.—
120 (2) The department shall issue a license for operation to
121 any applicant who complies with the following requirements:
122 (d) The applicant has obtained a certificate of public
123 convenience and necessity from each county in which the
124 applicant will operate. In issuing the certificate of public
125 convenience and necessity, the governing body of each county
126 shall consider the recommendations of municipalities within its
127 jurisdiction.
128 1. An applicant that is an active first responder agency is
129 exempt from this requirement if it:
130 a.1. Is a faith-based, not-for-profit charitable
131 corporation registered under chapter 617 which has been
132 responding to medical emergencies in this state for at least 15
133 10 consecutive years.
134 b.2. Is not a parent, subsidiary, or affiliate of, or
135 related to, any for-profit entity.
136 c.3. Provides basic life support services or advanced life
137 support services solely through at least 150 50 unpaid licensed
138 emergency medical technician or paramedic volunteers in at least
139 three counties at the time of application.
140 4. Is not operating for pecuniary profit or financial gain.
141 d.5. Does not distribute to or inure to the benefit of its
142 directors, members, or officers or other related parties any
143 part of its assets or income.
144 e.6. Does not receive any government funding. However, the
145 volunteer ambulance service may receive funding from specialty
146 license plate proceeds.
147 f.7. Has never had a license denied, revoked, or suspended.
148 g.8. Provides services at no cost to the patient free of
149 charge.
150 h.9. As part of its application for licensure, provides to
151 the department a management plan that includes a training
152 program, dispatch protocols, a complaint management system, an
153 accident or injury handling system, a quality assurance program,
154 and proof of adequate insurance coverage to meet state or county
155 insurance requirements, whichever requirements are greater.
156 i.10. Provides a disclaimer on all written materials that
157 the volunteer ambulance service is not associated with the
158 state’s 911 system.
159 2. An applicant seeking an exemption from this requirement
160 must submit to the department a sworn affidavit that complies
161 with s. 92.50(1) attesting that the applicant meets the
162 requirements for exemption provided in sub-subparagraphs 1.a.-i.
163 A person who submits an affidavit fraudulently attesting to
164 meeting such requirements violates s. 837.012 and commits a
165 misdemeanor of the first degree, punishable as provided in s.
166 775.082 or s. 775.083.
167 3. The exemption under subparagraph 1. this paragraph may
168 be granted to no more than 15 four counties. This exemption
169 notwithstanding, an applicant is not exempted from and must
170 comply with all other requirements for licensure. An applicant
171 must also take all reasonable efforts to enter into a memorandum
172 of understanding with the emergency medical services licensee
173 within whose jurisdiction the applicant will provide services in
174 order to facilitate communications and coordinate emergency
175 services for situations beyond the scope of the applicant’s
176 capacity and for situations of advanced life support that are
177 deemed priority 1 or priority 2 emergencies.
178 Section 5. This act shall take effect July 1, 2025.