Florida 2024 2024 Regular Session

Florida House Bill H1113 Enrolled / Bill

Filed 03/04/2024

                            
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An act relating to the use of lights and sirens on 2 
emergency vehicles; amending s. 316.003, F.S.; 3 
revising the definition of the term "authorized 4 
emergency vehicles"; defining the term "organ 5 
transport vehicle"; amending s. 316.072, F.S.; 6 
authorizing the driver of an authorized emergency 7 
vehicle to exercise certain privileges when 8 
transporting organs or surgical teams for organ 9 
donation or transplan t to certain locations; amending 10 
s. 316.2397, F.S.; authorizing authorized emergency 11 
vehicles to operate emergency lights and sirens in an 12 
emergency; authorizing organ transport vehicles to 13 
show or display red lights; amending s. 316.2398, 14 
F.S.; authorizing an organ transport vehicle to 15 
display or use red warning signals under certain 16 
circumstances; amending s. 316.271, F.S., conforming 17 
provisions to changes made by the act; amending ss. 18 
316.306 and 655.960, F.S.; conforming cross -19 
references; providing an e ffective date. 20 
 21 
Be It Enacted by the Legislature of the State of Florida: 22 
 23 
 Section 1.  Subsections (54) through (111) of section 24 
316.003, Florida Statutes, are renumbered as subsections (55) 25          
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through (112), respectively, subsection (1) and present 26 
subsection (64) are amended, and a new subsection (54) is added 27 
to that section, 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 t he context 31 
otherwise requires: 32 
 (1)  AUTHORIZED EMERGENCY VEHICLES. —Vehicles of the fire 33 
department, (fire patrol), police vehicles, emergency management 34 
vehicles, organ transport vehicles, and such ambulances and 35 
emergency vehicles of municipal and county departments, 36 
volunteer ambulance services, public service corporations 37 
operated by private corporations, the Fish and Wildlife 38 
Conservation Commission, the Department of Environmental 39 
Protection, the Department of Health, the Department of 40 
Transportation, the Department of Agriculture and Consumer 41 
Services, and the Department of Corrections as are designated or 42 
authorized by their respective departments or the chief of 43 
police of an incorporated city or any sheriff of any of the 44 
various counties. 45 
 (54)  ORGAN TRANSPORT VEHICLE. —Any dedicated and marked 46 
vehicle operated by an organ procurement organization, 47 
transplant center, or its contracted service provider to 48 
transport organs or surgical teams for organ recovery and 49 
transplant. An operator of such vehicle must have completed a 50          
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16-hour emergency vehicle operator course. 51 
 (65)(64) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise 52 
provided in paragraph (90)(b) (89)(b), any privately owned way 53 
or place used for vehicular travel by the owner and those having 54 
express or implied permission from the owner, but not by other 55 
persons. 56 
 Section 2.  Paragraph (a) of subsection (5) of section 57 
316.072, Florida Statutes, is amended to read: 58 
 316.072  Obedience to and effect of traffic laws. — 59 
 (5)  AUTHORIZED EMERGENCY VEHIC LES.— 60 
 (a)1.  The driver of an authorized emergency vehicle, when 61 
responding to an emergency call, when transporting organs or 62 
surgical teams for organ donation or transplant while en route 63 
to a hospital, an airport, or other designated location, when in 64 
the pursuit of an actual or suspected violator of the law, or 65 
when responding to a fire alarm, but not upon returning from a 66 
fire; 67 
 2.  A medical staff physician or technician of a medical 68 
facility licensed by the state or of a volunteer ambulance 69 
service when responding to an emergency in the line of duty in 70 
his or her privately owned vehicle, using red lights as 71 
authorized in s. 316.2398; or 72 
 3.  The driver of an authorized law enforcement vehicle, 73 
when conducting a nonemergency escort, to warn the public of an 74 
approaching motorcade; 75          
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may exercise the privileges set forth in this section, but 77 
subject to the conditions herein stated. 78 
 Section 3.  Subsection (3) of section 316.2397, Florida 79 
Statutes, is amended to read: 80 
 316.2397  Certain lights prohibited; exceptions.— 81 
 (3)(a) Vehicles of the fire department and fire patrol, 82 
including vehicles of volunteer firefighters as permitted under 83 
s. 316.2398, may show or display red or red and white lights. 84 
 (b) Vehicles of medical staff physicians or technicians of 85 
medical facilities licensed by the state or of volunteer 86 
ambulance services as authorized under s. 316.2398, ambulances 87 
as authorized under this chapter, and buses and taxicabs as 88 
authorized under s. 316.2399 may show or display red lights. 89 
 (c)  Authorized emergency vehicles of the fire department, 90 
fire patrol, police vehicles, and such ambulances and emergency 91 
vehicles of municipal and county departments, volunteer 92 
ambulance services, public service corporations operated by 93 
private corporations, the Fi sh and Wildlife Conservation 94 
Commission, the Department of Environmental Protection, the 95 
Department of Transportation, the Department of Agriculture and 96 
Consumer Services, and the Department of Corrections as are 97 
designated or authorized by their respectiv e department or the 98 
chief of police of an incorporated city or any sheriff of any 99 
county may operate emergency lights and sirens in an emergency. 100          
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 (d)  Organ transport vehicles may show or display red 101 
lights. 102 
 (e) 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 with out 107 
specific authorization of a law enforcement officer or law 108 
enforcement agency. 109 
 (f) 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 vehicl e 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 mot orists 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 
 (g) Vehicles owned or leased by private securi ty 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          
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 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 d uty 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 donation or transplan t 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          
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 (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 153 
display such red or red and white warning signals on his or her 154 
vehicle, the volunteer firefighter must first secure a written 155 
permit 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 168 
person use upon a vehicle, any siren, whistle, or bell, except 169 
as 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          
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using a wireless communications device in a handheld manner in a 176 
designated school crossing, school zone, or work zo ne 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 purpose s 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 185 
may 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 194 
which is within 50 feet of any automated teller machine. The 195 
term does not include any street or highway open to the use of 196 
the public, as defined in s. 316.003(90)(a) or (b) s. 197 
316.003(89)(a) or (b) , including any adjacent sidewalk, as 198 
defined in s. 316.003. 199 
 Section 8.  This act shall take effect July 1, 2024. 200