Florida Statutes
Fla. Stat. § 316.2398 (2025)
Display or use of red or red and white warning signals; motor vehicles of volunteer firefighters or medical staff.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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316.2398 Display or use of red or red and white warning signals; motor vehicles of volunteer firefighters or medical staff.—
(1) A privately owned vehicle belonging to an active firefighter member of a regularly organized volunteer firefighting company or association, while en route to the fire station for the purpose of proceeding to the scene of a fire or other emergency or while en route to the scene of a fire or other emergency in the line of duty as an active firefighter member of a regularly organized firefighting company or association, may display or use red or red and white warning signals. A privately owned vehicle belonging to a medical staff physician or technician of a medical facility licensed by the state or of a volunteer ambulance service, while responding to an emergency in the line of duty, may display or use red warning signals. An organ transport vehicle, while transporting organs or surgical teams for organ donation or transplant while en route to a hospital, an airport, or other designated location, may display or use red warning signals. Warning signals must be visible from the front and from the rear of such vehicle, subject to the following restrictions and conditions:
(a) No inscription of any kind may appear across the face of the lens of the red or red and white warning signal.
(b) In order for an active volunteer firefighter to display such red or red and white warning signals on his or her vehicle, the volunteer firefighter must first secure a written permit from the chief executive officers of the firefighting organization to use the red or red and white warning signals, and this permit must be carried by the volunteer firefighter at all times while the red or red and white warning signals are displayed.
(c) An emergency medical technician, doctor, or paramedic who is using his or her personal vehicle with a red light to respond to an emergency call must have completed a 16-hour emergency vehicle operator course.
(2) A person who is not an active firefighter member of a regularly organized volunteer firefighting company or association or a physician or technician of the medical staff of a medical facility licensed by the state or of a volunteer ambulance service may not display on any motor vehicle owned by him or her, at any time, any red or red and white warning signals as described in subsection (1).
(3) An active volunteer firefighter may not operate any red or red and white warning signals as authorized in subsection (1), except while en route to the fire station for the purpose of proceeding to the scene of a fire or other emergency, or while at or en route to the scene of a fire or other emergency, in the line of duty.
(4) A physician or technician of the medical staff of a medical facility licensed by the state or of a volunteer ambulance service may not operate any red warning signals as authorized in subsection (1), except when responding to an emergency in the line of duty.
(5) A violation of this section is a nonmoving violation, punishable as provided in chapter 318. In addition, a volunteer firefighter who violates this section shall be dismissed from membership in the firefighting organization by the chief executive officers thereof.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 77-454; s. 3, ch. 80-176; s. 2, ch. 87-157; s. 324, ch. 95-148; s. 31, ch. 96-350; s. 1, ch. 2003-165; s. 3, ch. 2019-92; s. 4, ch. 2021-90; s. 4, ch. 2024-34; s. 1, ch. 2025-94.
Note.—Former s. 316.292.
Civil Citations under F.S. 316.2398
Driver's license points · R = revocation · S = suspension§316.2398Improper display/use of red lights/other equipment authorized Fire/EMS staff.
§316.2398(1)Improper display/use of red lights/other equipment authorized Fire/EMS staff.
§316.2398(1)(a)Improper number of red warning signals
§316.2398(1)(b)Improper inscription on warning signals
§316.2398(1)(c)Improper use of warning signals
§316.2398(2)Unlawful display red flash light
§316.2398(3)Unlawful use red light by fireman
§316.2398(4)Unlawful use red light by medical
Notes of Decisions
Cited in 1
case, 1986–1986 · leading case: State v. Deese, 495 So. 2d 286 (Fla. 2d DCA 1986).
State v. Deese, 495 So. 2d 286 (Fla. 2d DCA 1986). “As Deese could not produce the required written permit for the use of the lights, the officer charged Deese with improper use or display of flashing red lights on his vehicle without a written permit in violation of section 316.2398, Florida Statutes (1983).”
— 316.2398(l)(b) — 1 case
State v. Deese, 495 So. 2d 286 (Fla. 2d DCA 1986). “As Deese could not produce the required written permit for the use of the lights, the officer charged Deese with improper use or display of flashing red lights on his vehicle without a written permit in violation of section 316.2398, Florida Statutes (1983).”
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