| 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. |