Florida Law Regarding Funeral Processions

The St. Pete Times published a story today about a car accident involving a funeral procession in Plant City for Sgt. David A. Croft Jr., who was killed in Iraq on Jan. 5 after insurgents attacked his unit with an improvised explosive device and small arms fire.  The funeral procession was assisted by Hillsborough County Sheriff's deputies.  The accident happened when a driver made a left hand turn in front of the deputy's vehicle.  The deputy was airlifted to Tampa General Hospital with non-life threatening injuries.  The driver of the vehicle that struck the deputy's car was cited for failure to yield to a funeral procession, failure to yield the right of way, and driving without proof of insurance.

This is a sad but not  infrequent occurence with funeral processions.  Unfortunately, some drivers fail to yield the right of way to processions, even though it's illegal.  A funeral procession should be a dignified, safe journey to the deceased's final resting place.  Florida law is clear that funeral processions have the right of way except for certain circumstances.  Here are excerpts of the relevant Florida law:

 All non-law enforcement funeral escort vehicles and funeral lead vehicles shall be equipped with at least one lighted circulation lamp exhibiting an amber or purple light or lens visible under normal atmospheric conditions for a distance of 500 feet from the front of the vehicle. Flashing amber or purple lights may be used only when such vehicles are used in a funeral procession.

(b)  Any law enforcement funeral escort vehicle may be equipped with red, blue, or amber flashing lights which meet the criteria established in paragraph (a).

(3)  FUNERAL PROCESSION RIGHT-OF-WAY; FUNERAL ESCORT VEHICLES; FUNERAL LEAD VEHICLES.--

(a)  Regardless of any traffic control device or right-of-way provisions prescribed by state or local ordinance, pedestrians and operators of all vehicles, except as stated in paragraph (c), shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle.

(b)  When the funeral lead vehicle lawfully enters an intersection, either by reason of a traffic control device or at the direction of law enforcement personnel, the remaining vehicles in the funeral procession may follow through the intersection regardless of any traffic control devices or right-of-way provisions prescribed by state or local law.

(c)  Funeral processions shall have the right-of-way at intersections regardless of traffic control devices, subject to the following conditions and exceptions:

1.  Operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle giving an audible or visible signal.

2.  Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a police officer.

3.  Operators of vehicles in a funeral procession must exercise due care when participating in a funeral procession.

(4)  DRIVING IN PROCESSION.--

(a)  All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe.

(b)  Any ordinance, law, or regulation stating that motor vehicles shall be operated to allow sufficient space enabling any other vehicle to enter and occupy such space without danger shall not be applicable to vehicles in a funeral procession.

(c)  Each vehicle which is part of a funeral procession shall have its headlights, either high or low beam, and tail lights lighted and may also use the flashing hazard lights if the vehicle is so equipped.

 

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