Florida Statute 316.2397 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.2397

316.2397 Certain lights prohibited; exceptions.—

(1) A person may not drive or move or cause to be moved any vehicle or equipment upon any highway within this state 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 provided in this section.

(2) It is expressly prohibited for any vehicle or equipment to show or display blue lights, except the following:

(a) Police vehicles;

(b) Government-owned fire department vehicles, except vehicles of the fire patrol or volunteer fire departments, with a gross vehicle weight rating of more than 24,000 pounds if authorized in writing by the fire chief of the government agency and if shown or displayed only on the rear of such vehicles; and

(c) Vehicles owned, operated, or leased by the Department of Corrections or any county correctional agency when responding to emergencies.

(3)(a) Vehicles of the fire department and fire patrol, including vehicles of volunteer firefighters as permitted under s. 316.2398, may show or display red or red and white lights. However, blue lights may be shown or displayed on fire department vehicles in accordance with paragraph (2)(b).

(b) 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, ambulances as authorized under this chapter, and buses and taxicabs as authorized under s. 316.2399 may show or display red lights.

(d) Organ transport vehicles may show or display red lights.

(e) Wreckers, mosquito control fog and spray vehicles, and emergency vehicles of governmental departments or public service corporations may show or display amber lights when in actual operation or when a hazard exists provided they are not used going to and from the scene of operation or hazard without specific authorization of a law enforcement officer or law enforcement agency.

(f) Wreckers must use amber rotating or flashing lights while performing recoveries and loading on the roadside day or night, and may use such lights while towing a vehicle on wheel lifts, slings, or under reach if the operator of the wrecker deems such lights necessary. A flatbed, car carrier, or rollback may not use amber rotating or flashing lights when hauling a vehicle on the bed unless it creates a hazard to other motorists because of protruding objects. Further, escort vehicles may show or display amber lights when in the actual process of escorting overdimensioned equipment, material, or buildings as authorized by law.

(g) Vehicles owned or leased by private security agencies may show or display green and amber lights, with either color being no greater than 50 percent of the lights displayed, while the security personnel are engaged in security duties on private or public property.

(4) Road or street maintenance equipment, road or street maintenance vehicles, road service vehicles, refuse collection vehicles, petroleum tankers, and mail carrier vehicles may show or display amber lights when in operation or a hazard exists. A commercial motor vehicle or trailer designed to transport unprocessed logs or pulpwood may show or display an amber light affixed to the rearmost point of the vehicle or trailer.

(5) Road maintenance and construction equipment and vehicles may display flashing white lights or flashing white strobe lights when in operation and where a hazard exists. Construction equipment in a work zone on roadways with a posted speed limit of 55 miles per hour or higher may show or display a combination of flashing green, amber, and red lights in conjunction with periods when workers are present. Additionally, school buses and vehicles that are used to transport farm workers may display flashing white strobe lights.

(6) All lighting equipment heretofore referred to shall meet all requirements as set forth in s. 316.241.

(7) Flashing lights are prohibited on vehicles except:

(a) As a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway;

(b) When a motorist intermittently flashes his or her vehicle’s headlamps at an oncoming vehicle notwithstanding the motorist’s intent for doing so;

(d) For the lamps authorized under subsections (1), (2), (3), (4), and (9), s. 316.2065, or s. 316.235(6) which may flash.

(8) Subsections (1) and (7) do not apply to police, fire, or authorized emergency vehicles while in the performance of their necessary duties.

(9) Flashing red lights may be used by 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.

(10)(a) A person who violates subsection (1) and in so doing effects or attempts to effect a stop of another vehicle commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Except as provided in paragraph (a), a violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; ss. 1, 23, ch. 76-31; s. 2, ch. 80-176; s. 1, ch. 84-49; s. 4, ch. 86-23; s. 1, ch. 87-157; s. 1, ch. 89-49; s. 58, ch. 93-164; s. 23, ch. 94-306; s. 900, ch. 95-148; s. 17, ch. 96-263; s. 2, ch. 96-312; s. 7, ch. 97-280; s. 17, ch. 97-300; s. 192, ch. 99-248; s. 134, ch. 2002-20; s. 3, ch. 2002-217; s. 1, ch. 2004-20; s. 1, ch. 2007-52; s. 2, ch. 2007-210; s. 1, ch. 2009-220; s. 12, ch. 2012-88; s. 10, ch. 2012-181; s. 2, ch. 2014-169; s. 2, ch. 2019-92; s. 3, ch. 2021-90; s. 3, ch. 2021-188; s. 2, ch. 2022-180; s. 1, ch. 2024-29; s. 3, ch. 2024-34.

Note.—Former s. 316.223.

F.S. 316.2397 on Google Scholar

F.S. 316.2397 on Casetext

Amendments to 316.2397

Arrestable Offenses / Crimes under Fla. Stat. 316.2397

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.2397 10a - MOVING TRAFFIC VIOL - ATEMPT/EFFECT STOP MV USE RED WHITE BLUE LIGHT - M: F

Civil Citations / Citable Offenses under S316.2397

R or S next to points is Mandatory Revocation or Suspension

S316.2397 Prohibited lights on vehicle - red/blue/flashing - Points on Drivers License: 0

S316.2397 (1) Prohibited lights on vehicle - red/blue - Points on Drivers License: 0

S316.2397 (2) Prohibited lights on vehicle - blue - Points on Drivers License: 0

S316.2397 (3) Improper use green and amber lights - Points on Drivers License: 0

S316.2397 (4) Improper use amber lights - Points on Drivers License: 0

S316.2397 (5) Improper use white/strobe lights - Points on Drivers License: 0

S316.2397 (6) Fail comply light requirements - Points on Drivers License: 0

S316.2397 (7) Improper Flashing Lights - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.2397

Total Results: 9

GM v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-23T00:53:00-07:00

Citation: 981 So. 2d 529

Snippet: , 745 So.2d at 1113-14 (observing that section 316.2397, Fla. Stat. (1997), allows only police vehicles

G.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-23T00:00:00-07:00

Citation: 981 So. 2d 529, 2008 Fla. App. LEXIS 5879

Snippet: , 745 So.2d at 1113-14 (observing that section 316.2397, Fla. Stat. (1997), allows only police vehicles

Oslin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-14T00:53:00-07:00

Citation: 912 So. 2d 672

Snippet: flashing lights on their vehicles pursuant to section 316.2397(2), Florida Statutes (2000). Furthermore, section

Siplin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-05T00:53:00-07:00

Citation: 795 So. 2d 1010

Snippet: flashing lights on their vehicles pursuant to section 316.2397(2), Florida Statutes (2000). Furthermore, section

Brooks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-07T23:53:00-08:00

Citation: 745 So. 2d 1113

Snippet: uniformed police officer approaching the car. Section 316.2397, Florida Statutes (1997), allows only police vehicles

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-03-01T23:53:00-08:00

Snippet: Do the prohibitions in sections 843.081(2) and 316.2397(2), Florida Statutes, apply only to situations…employee's personal use. Question One Section 316.2397(2), Florida Statutes, expressly prohibits "

Ago

Court: Fla. Att'y Gen. | Date Filed: 1993-01-03T23:53:00-08:00

Snippet: display flashing amber lights, pursuant to s. 316.2397, F.S., while patrolling public roadways to provide… the provisions of this chapter." Section 316.2397(6), F.S., prohibits flashing lights on vehicles….235(5) are permitted to flash."4 Section 316.2397(3), F.S., in pertinent part, provides: Wreckers…must fall within one of the allowed uses under s. 316.2397, F.S., before it may display flashing amber lights… while patrolling the community. As used in s. 316.2397(3), F.S., the term "private" modifies

State v. Deese

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-03T00:00:00-07:00

Citation: 495 So. 2d 286, 11 Fla. L. Weekly 2107, 1986 Fla. App. LEXIS 9934

Snippet: applying the aforementioned standards. Section 316.2397, Florida Statutes (1983), (the section immediately

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-11-29T23:53:00-08:00

Snippet: Traffic Control Law, except as provided in ss. 316.2397(3) and (6) and 316.2398(1), F. S. (1976 Supp.)… of s. 316.072(5), F. S. (1976 Supp.). Section 316.2397(3) and (6), F. S. (1976 Supp.), only authorizes…Therefore, it is clear from the provisions of ss. 316.2397(3) and (6) and316.2398(1) and (3), F. S. (1976…Traffic Control Law, except as provided in ss. 316.2397(3) and (6) and 316.2398(1), F. S. (1976 Supp.)