Florida Senate - 2019                                    SB 1158
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-01604-19                                            20191158__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle lights and signals;
    3         amending s. 316.235, F.S.; authorizing any motor
    4         vehicle to be equipped with certain lamps or devices
    5         under certain circumstances; amending s. 316.2397,
    6         F.S.; authorizing certain vehicles to display red and
    7         white lights; amending s. 316.2398, F.S.; authorizing
    8         certain vehicles to display red and white warning
    9         signals under certain circumstances; providing
   10         requirements and penalties; amending s. 316.224, F.S.;
   11         conforming a cross-reference; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present subsections (3) through (6) of section
   17  316.235, Florida Statutes, are redesignated as subsections (4)
   18  through (7), respectively, and a new subsection (3) is added to
   19  that section, to read:
   20         316.235 Additional lighting equipment.—
   21         (3)Any motor vehicle may be equipped with one or more
   22  lamps or devices underneath the motor vehicle as long as such
   23  lamps or devices do not emit light in violation of s.
   24  316.2397(1) or (7) or s. 316.238.
   25         Section 2. Subsections (1) and (3) and paragraph (c) of
   26  subsection (7) of section 316.2397, Florida Statutes, are
   27  amended to read:
   28         316.2397 Certain lights prohibited; exceptions.—
   29         (1) A No person may not shall drive or move or cause to be
   30  moved any vehicle or equipment upon any highway within this
   31  state with any lamp or device thereon showing or displaying a
   32  red, red and white, or blue light visible from directly in front
   33  thereof except for certain vehicles hereinafter provided in this
   34  section.
   35         (3) Vehicles of the fire department and fire patrol,
   36  including vehicles of volunteer firefighters as permitted under
   37  s. 316.2398, may show or display red or red and white lights.
   38  Vehicles of medical staff physicians or technicians of medical
   39  facilities licensed by the state as authorized under s.
   40  316.2398, ambulances as authorized under this chapter, and buses
   41  and taxicabs as authorized under s. 316.2399 may show or display
   42  red lights. Vehicles of the fire department, fire patrol, police
   43  vehicles, and such ambulances and emergency vehicles of
   44  municipal and county departments, public service corporations
   45  operated by private corporations, the Fish and Wildlife
   46  Conservation Commission, the Department of Environmental
   47  Protection, the Department of Transportation, the Department of
   48  Agriculture and Consumer Services, and the Department of
   49  Corrections as are designated or authorized by their respective
   50  department or the chief of police of an incorporated city or any
   51  sheriff of any county may operate emergency lights and sirens in
   52  an emergency. Wreckers, mosquito control fog and spray vehicles,
   53  and emergency vehicles of governmental departments or public
   54  service corporations may show or display amber lights when in
   55  actual operation or when a hazard exists provided they are not
   56  used going to and from the scene of operation or hazard without
   57  specific authorization of a law enforcement officer or law
   58  enforcement agency. Wreckers must use amber rotating or flashing
   59  lights while performing recoveries and loading on the roadside
   60  day or night, and may use such lights while towing a vehicle on
   61  wheel lifts, slings, or under reach if the operator of the
   62  wrecker deems such lights necessary. A flatbed, car carrier, or
   63  rollback may not use amber rotating or flashing lights when
   64  hauling a vehicle on the bed unless it creates a hazard to other
   65  motorists because of protruding objects. Further, escort
   66  vehicles may show or display amber lights when in the actual
   67  process of escorting overdimensioned equipment, material, or
   68  buildings as authorized by law. Vehicles owned or leased by
   69  private security agencies may show or display green and amber
   70  lights, with either color being no greater than 50 percent of
   71  the lights displayed, while the security personnel are engaged
   72  in security duties on private or public property.
   73         (7) Flashing lights are prohibited on vehicles except:
   74         (c) For the lamps authorized under subsections (1), (2),
   75  (3), (4), and (9), s. 316.2065, or s. 316.235(6) s. 316.235(5)
   76  which may flash.
   77         Section 3. Section 316.2398, Florida Statutes, is amended
   78  to read:
   79         316.2398 Display or use of red or red and white warning
   80  signals; motor vehicles of volunteer firefighters or medical
   81  staff.—
   82         (1) A privately owned vehicle belonging to an active
   83  firefighter member of a regularly organized volunteer
   84  firefighting company or association, while en route to the fire
   85  station for the purpose of proceeding to the scene of a fire or
   86  other emergency or while en route to the scene of a fire or
   87  other emergency in the line of duty as an active firefighter
   88  member of a regularly organized firefighting company or
   89  association, may display or use red or red and white warning
   90  signals. or A privately owned vehicle belonging to a medical
   91  staff physician or technician of a medical facility licensed by
   92  the state, while responding to an emergency in the line of duty,
   93  may display or use red warning signals. Warning signals must be
   94  visible from the front and from the rear of such vehicle,
   95  subject to the following restrictions and conditions:
   96         (a) No more than two red or red and white warning signals
   97  may be displayed.
   98         (b) No inscription of any kind may appear across the face
   99  of the lens of the red or red and white warning signal.
  100         (c) In order for an active volunteer firefighter to display
  101  such red or red and white warning signals on his or her vehicle,
  102  the volunteer firefighter must first secure a written permit
  103  from the chief executive officers of the firefighting
  104  organization to use the red or red and white warning signals,
  105  and this permit must be carried by the volunteer firefighter at
  106  all times while the red or red and white warning signals are
  107  displayed.
  108         (2) A It is unlawful for any person who is not an active
  109  firefighter member of a regularly organized volunteer
  110  firefighting company or association or a physician or technician
  111  of the medical staff of a medical facility licensed by the state
  112  may not to display on any motor vehicle owned by him or her, at
  113  any time, any red or red and white warning signals as described
  114  in subsection (1).
  115         (3) It is unlawful for An active volunteer firefighter may
  116  not to operate any red or red and white warning signals as
  117  authorized in subsection (1), except while en route to the fire
  118  station for the purpose of proceeding to the scene of a fire or
  119  other emergency, or while at or en route to the scene of a fire
  120  or other emergency, in the line of duty.
  121         (4) It is unlawful for A physician or technician of the
  122  medical staff of a medical facility may not to operate any red
  123  warning signals as authorized in subsection (1), except when
  124  responding to an emergency in the line of duty.
  125         (5) A violation of this section is a nonmoving violation,
  126  punishable as provided in chapter 318. In addition, a any
  127  volunteer firefighter who violates this section shall be
  128  dismissed from membership in the firefighting organization by
  129  the chief executive officers thereof.
  130         Section 4. Subsection (3) of section 316.224, Florida
  131  Statutes, is amended to read:
  132         316.224 Color of clearance lamps, identification lamps,
  133  side marker lamps, backup lamps, reflectors, and deceleration
  134  lights.—
  135         (3) All lighting devices and reflectors mounted on the rear
  136  of any vehicle shall display or reflect a red color, except the
  137  stop light or other signal device, which may be red, amber, or
  138  yellow, and except that the light illuminating the license plate
  139  shall be white and the light emitted by a backup lamp shall be
  140  white or amber. Deceleration lights as authorized by s.
  141  316.235(6) s. 316.235(5) shall display an amber color.
  142         Section 5. This act shall take effect October 1, 2019.