Florida 2024 2024 Regular Session

Florida House Bill H1113 Analysis / Analysis

Filed 01/26/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1113b.ISC 
DATE: 1/26/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 1113    Use of Lights and Sirens on Emergency Vehicles 
SPONSOR(S): Transportation & Modals Subcommittee, Killebrew 
TIED BILLS:   IDEN./SIM. BILLS: SB 1164 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Transportation & Modals Subcommittee 17 Y, 0 N, As CS Walker Hinshelwood 
2) Infrastructure Strategies Committee 	Walker Harrington 
SUMMARY ANALYSIS 
Transporting life-saving organs or surgical teams for organ recovery is a process that requires timely and 
seamless coordination between donor hospitals, organ procurement organizations, transplant centers, and 
other contracted service providers. Organ transportation is most commonly achieved through ground or air 
transportation.   
 
Florida law generally prohibits the use of red, white, or blue lights and sirens on a vehicle, except as 
specifically authorized. Florida law does not currently allow motor vehicles that solely transport organs or 
surgical teams for organ recovery to operate emergency lights and sirens. 
 
The bill provides that transport vehicles designated by an organ procurement organization or transplant center, 
or a contracted service provider of such organization or center, for the sole purpose of transporting organs or 
surgical teams for organ recovery and transplant may show or display red or red and white lights and operate 
sirens while en route to a hospital, airport, or other necessary location. The bill provides that such vehicles 
must be clearly marked to indicate their authorized purpose.  
 
As a point of clarification, the bill does not designate organ transport vehicles as “authorized emergency 
vehicles” under ch. 316, F.S., relating to state uniform traffic control. Therefore, the organ transport vehicles 
are still subject to obeying traffic laws provided in ch. 316, F.S., and are not provided authority as authorized 
emergency vehicles are to, for example, proceed past a red light or stop or to exceed the maximum speed 
limit. 
 
The bill will have an indeterminate fiscal impact on the private sector.  
 
The bill has an effective date of July 1, 2024.    STORAGE NAME: h1113b.ISC 	PAGE: 2 
DATE: 1/26/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
 
Background  
 
Show or Display of Red, White, or Blue Lights on Vehicles and Use of Sirens in Florida 
 
Florida law prohibits a person from driving a vehicle with any lamp or device thereon showing or 
displaying a red, red and white, or blue light visible from directly in front thereof, except for certain 
vehicles specifically provided for in Florida law.
1
  
 
Blue lights may only be shown or displayed on:
2
 
 Police vehicles, or  
 Vehicles of the Department of Corrections or county correctional agency when responding to 
emergencies. 
 
Red lights may be shown or displayed on:
 3
 
 Vehicles of medical staff physicians or technicians of medical facilities licensed by the state or of 
volunteer ambulance services as authorized under s. 316.2398, F.S. 
 Ambulances as authorized under ch. 316, F.S. 
 Buses and taxicabs as authorized under s. 316.2399, F.S.  
 Emergency response vehicles of the Fish and Wildlife Conservation Commission, the 
Department of Environmental Protection, and the Department of Health when responding to an 
emergency in the line of duty. 
 
Red or red and white lights may be shown or displayed on vehicles of the fire department and fire 
patrol, including vehicles of volunteer firefighters as permitted under s. 316.2398, F.S.
4
 
 
No vehicle may be equipped with, nor may any person use upon a vehicle, any siren, whistle, or bell, 
except for certain vehicles specifically provided for in Florida law.
5
 Emergency lights and sirens in an 
emergency may be operated on the following vehicles as designated or authorized by their respective 
department, chief of police, or sheriff:
6
 
 Fire department vehicles; 
 Fire patrol vehicles; 
 Police vehicles; 
 Ambulances and emergency vehicles of municipal and county departments; 
 Vehicles of volunteer ambulance services; 
 Vehicles of public service corporations operated by private corporations; and 
 Vehicles of the following state agencies: the Fish and Wildlife Conservation Commission, the 
Department of Environmental Protection, the Department of Transportation, the Department of 
Agriculture and Consumer Services, and the Department of Corrections.  
 
                                                
1
 S. 316.2397(1), F.S. 
2
 S. 316.2397(2), F.S. 
3
 S. 316.2397(3) and (9), F.S. 
4
 S. 316.2397(3), F.S. 
5
 S. 316.271(4), F.S. 
6
 Ss. 316.2397(3) and 316.271(6), F.S.  STORAGE NAME: h1113b.ISC 	PAGE: 3 
DATE: 1/26/2024 
  
Organ Donation 
 
One organ donor can save up to eight lives, and on average, 17 people die each day while waiting for 
an organ transplant.
7
 Once recovered from the donors, life-saving organs will only remain healthy for a 
short period of time. Therefore, transporting organs or surgical teams for organ recovery is a process 
that requires timely and seamless coordination between the involved parties. Involved parties include, 
but are not limited to, donor hospitals, organ procurement organizations, transplant centers, and other 
contracted service providers.
8
 Organ transportation is most commonly achieved through ground or air 
transportation.
9
  
 
Florida law does not currently allow motor vehicles that solely transport organs or surgical teams for 
organ recovery to operate emergency lights and sirens. 
 
Effect of the Bill 
 
The bill provides that transport vehicles designated by an organ procurement organization or transplant 
center, or a contracted service provider of such organization or center, for the sole purpose of 
transporting organs or surgical teams for organ recovery and transplant may show or display red or red 
and white lights and operate sirens while en route to a hospital, airport, or other necessary location.  
The bill provides that such vehicles must be clearly marked to indicate their authorized purpose. 
 
As a point of clarification, the bill does not designate organ transport vehicles as “authorized emergency 
vehicles” under ch. 316, F.S., relating to state uniform traffic control. Therefore, the organ transport 
vehicles are still subject to obeying traffic laws provided in ch. 316, F.S., and are not provided authority 
as authorized emergency vehicles are to, for example, proceed past a red light or stop or to exceed the 
maximum speed limit. 
 
The bill has an effective date of July 1, 2024.  
 
B. SECTION DIRECTORY: 
Section 1  Amends s. 316.2397, F.S., relating to certain lights prohibited; exceptions. 
Section 2   Amends s. 316.271, F.S., relating to horns and warning devices.  
Section 3  Provides an effective date of July 1, 2024.  
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None.  
 
2. Expenditures: 
None.  
 
                                                
7
 Gift of Life Donor Program, Get the Facts, https://www.donors1.org/learn-about-organ-donation/who-can-donate/get-the-
facts/#:~:text=One%20organ%20donor%20can%20save,are%20waiting%20for%20a%20kidney. (last visited Jan. 16, 
2024).  
8
 LifeSource Organ, Eye and Tissue Donation, How are Organs Transported for Transplant, (Sep. 22, 2020), 
https://www.life-source.org/latest/how-are-organs-transported-for-
transplant/#:~:text=Transportation%20often%20depends%20on%20the,time%2C%20so%20every%20minute%20counts. 
(last visited Jan. 16, 2024).  
9
 Id.   STORAGE NAME: h1113b.ISC 	PAGE: 4 
DATE: 1/26/2024 
  
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None.  
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
Indeterminate. The bill does not require private entities that transport organs or surgical teams for organ 
recovery to retrofit their vehicles to display emergency lights and operate sirens. However, where 
vehicles are retrofitted with emergency lights and sirens, the bill may positively impact the speed and 
efficiency with which organs and surgical teams are transported and may, therefore, ultimately help 
save lives. 
 
D. FISCAL COMMENTS: 
None.  
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not Applicable. This bill does not appear to affect county or municipal governments. 
 
 2. Other: 
None.  
 
B. RULE-MAKING AUTHORITY: 
The bill neither authorizes nor requires executive branch rulemaking.  
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On January 19, 2024, the Transportation & Modals Subcommittee considered one amendment, which was 
adopted, and reported the bill favorably as a committee substitute. The amendment: 
 Clarifies who designates the organ transport vehicles such that the vehicles are authorized to 
display emergency lights and sirens; 
 Specifies permissible colors for the emergency lights; and 
 Amends s. 316.271, F.S., in order to provide for use of sirens on organ transport vehicles. 
 
The analysis is drafted to the committee substitute as approved by the Transportation & Modals 
Subcommittee.