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Florida Statute 316.2398 | Lawyer Caselaw & Research
F.S. 316.2398 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.2398

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.2398
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. Warning signals must be visible from the front and from the rear of such vehicle, subject to the following restrictions and conditions:
(a) No more than two red or red and white warning signals may be displayed.
(b) No inscription of any kind may appear across the face of the lens of the red or red and white warning signal.
(c) 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.
(d) 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.
Note.Former s. 316.292.

F.S. 316.2398 on Google Scholar

F.S. 316.2398 on Casetext

Amendments to 316.2398


Arrestable Offenses / Crimes under Fla. Stat. 316.2398
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2398.


Civil Citations / Citable Offenses under S316.2398
R or S next to points is Mandatory Revocation or Suspension

S316.2398 Improper display/use of red lights/other equipment authorized for use of volunteer firemen/medical staff - Points on Drivers License: 0
S316.2398 (1) Improper display/use of red lights/other equipment authorized for use of volunteer firemen/medical staff - Points on Drivers License: 0
S316.2398 (1)(a) Red light too bright - Points on Drivers License: 0
S316.2398 (1)(b) Improper amount/type/mount red light - Points on Drivers License: 0
S316.2398 (1)(c) Improper lens on red light - Points on Drivers License: 0
S316.2398 (1)(d) Improper display as a regular light - Points on Drivers License: 0
S316.2398 (1)(e) Improper inscription on red light - Points on Drivers License: 0
S316.2398 (1)(f) Improper lens dimensions - Points on Drivers License: 0
S316.2398 (1)(g) Operating without permit for red light - Points on Drivers License: 0
S316.2398 (2) Unlawful display red flash light - Points on Drivers License: 0
S316.2398 (3) Unlawful use red light by fireman - Points on Drivers License: 0
S316.2398 (4) Unlawful use red light by medical - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. DEESE, Jr., 495 So. 2d 286 (Fla. Dist. Ct. App. 1986)

. . . The state seeks a reversal of an order entered by a Manatee County Court judge holding section 316.2398 . . . use or display of flashing red lights on his vehicle without a written permit in violation of section 316.2398 . . . Section 316.2398 is an exception to the prohibition against the use of red lights. . . . Paragraph (1) of section 316.2398 states the general exception. . . . We reverse the trial court’s order declaring section 316.2398(l)(b), (l)(g) and (5), Florida Statutes . . .