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Florida Statute 316.2397 - Full Text and Legal Analysis
Florida Statute 316.2397 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 316.2397 Case Law from Google Scholar Google Search for Amendments to 316.2397

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
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.
(c) Authorized emergency vehicles may operate emergency lights and sirens in an emergency.
(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;
(c) During periods of extremely low visibility on roadways with a posted speed limit of 55 miles per hour or higher; and
(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 felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(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; s. 1, ch. 2025-36.
Note.Former s. 316.223.

F.S. 316.2397 on Google Scholar

F.S. 316.2397 on CourtListener

Amendments to 316.2397


Annotations, Discussions, Cases:

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
Arrestable Offenses / Crimes under Fla. Stat. 316.2397
Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.2397 10a - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 10685 - M: F
S316.2397 10a - MOVING TRAFFIC VIOL - USE RED/BLUE LIGHTS ATTEMPT/STOP VEHICLE - F: T

Cases Citing Statute 316.2397

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Brooks v. State, 745 So. 2d 1113 (Fla. 1st DCA 1999).

Cited 11 times | Published | Florida 1st District Court of Appeal | 1999 WL 1112291

...Officer Bates activated his flashing blue lights when he pulled up behind appellants' stopped vehicle. As Brooks was driving the vehicle onto the roadway, she stopped when she saw the flashing lights and uniformed police officer approaching the car. Section 316.2397, Florida Statutes (1997), allows only police vehicles to have blue flashing lights, and section 316.126, Florida Statutes (1997), requires all vehicles to pull to the closest edge of the roadway upon the approach of a vehicle displaying blue or red lights....
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Siplin v. State, 795 So. 2d 1010 (Fla. 2d DCA 2001).

Cited 10 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1006205

...potlight. When an officer uses takedown lights a reasonable person would not feel free to leave. This is emphasized by the fact that only police officers or department of correction officers may use blue flashing lights on their vehicles pursuant to section 316.2397(2), Florida Statutes (2000)....
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Oslin v. State, 912 So. 2d 672 (Fla. 5th DCA 2005).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 2572405

...potlight. When an officer uses takedown lights a reasonable person would not feel free to leave. This is emphasized by the fact that only police officers or department of correction officers may use blue flashing lights on their vehicles pursuant to section 316.2397(2), Florida Statutes (2000)....
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GM v. State, 981 So. 2d 529 (Fla. 3d DCA 2008).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1809317

...e stopped, at a minimum, for a traffic infraction and perhaps for the crime of fleeing and eluding if he or she drove away. See § 316.126, Fla. Stat. (1999) . . . 780 So.2d at 196 (citation omitted). See Brooks, 745 So.2d at 1113-14 (observing that section 316.2397, Fla....
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State v. Deese, 495 So. 2d 286 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2107, 1986 Fla. App. LEXIS 9934

...Second, the statute cannot be so vague as to invite arbitrary and discriminatory enforcement. McKenney v. State, 388 So.2d 1232, 1234 (Fla.1980). In applying the two-part due process analysis, we hold that section 316.-2398 is constitutional. We now analyze the statute, applying the aforementioned standards. Section 316.2397, Florida Statutes (1983), (the section immediately preceding the section challenged as unconstitutional) is a general prohibition against the use of red emergency lights....
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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

purview of s. 316.072(5), F. S. (1976 Supp.). Section 316.2397(3) and (6), F. S. (1976 Supp.), only authorizes
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Ago (Fla. Att'y Gen. 1999).

Published | Florida Attorney General Reports

the employee's personal use. Question One Section 316.2397(2), Florida Statutes, expressly prohibits
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Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

...lorida 33101 Dear Chief Ross: You ask substantially the following question: May the motor vehicles of a private security firm, operating under contract with the City of Miami Downtown Development Authority, display flashing amber lights, pursuant to s. 316.2397 , F.S., while patrolling public roadways to provide security services? In sum: A private security firm, employed by the City of Miami Downtown Development Authority to provide security services for the downtown area, may not display flash...
...l counties and uniform traffic ordinances to apply to all municipalities. 3 Further, s. 316.002 , F.S., states "[i]t is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter." Section 316.2397 (6), F.S., prohibits flashing lights on vehicles, "except 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 or except that the lamps authorized in subsections (1), (2), (3), and (4) and s. 316.235 (5) are permitted to flash." 4 Section 316.2397 (3), F.S., in pertinent part, provides: 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...
...(e.s.) The statute specifies the vehicles which may display flashing amber lights. Where the Legislature has enumerated that which is allowed by statute, no others may be included. 5 Thus, the private security company must fall within one of the allowed uses under s. 316.2397 , F.S., before it may display flashing amber lights on its motor vehicles while patrolling the district. Those private security firms licensed pursuant to Ch. 493 , F.S., 6 and employed by a private residential or business community are allowed to display amber lights while patrolling the community. As used in s. 316.2397 (3), F.S., the term "private" modifies both residential and business communities....
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G.M. v. State, 981 So. 2d 529 (Fla. 3d DCA 2008).

Published | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 5879

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.