November 27, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
208527
  Amendment
Bill No. CS/CS/HB 1399
Amendment No. 208527
CHAMBER ACTION
Senate House
.
.
.






1Representative Homan offered the following:
2
3     Amendment (with title amendment)
4     Between lines 1287 and 1288, insert:
5     Section 19.  Subsection (2) of section 335.141, Florida
6Statutes, is amended to read:
7     335.141  Regulation of public railroad-highway grade
8crossings; reduction of hazards.--
9     (2)(a)  The department, in cooperation with the several
10railroad companies operating in the state, shall develop and
11adopt a program for the expenditure of funds available for the
12construction of projects for the reduction of the hazards at
13public railroad-highway grade crossings. The department and the
14railroad companies are not liable for any action or omission in
15the development of such program or for the priority given to any
16crossing improvement.
17     (b)  Every railroad company maintaining a public railroad-
18highway grade crossing shall, upon reasonable notice from the
19department, install, maintain, and operate at such crossing
20traffic control devices to provide motorists with warning of the
21approach of trains. The department shall base its notice on its
22adopted program for the reduction of hazards at such grade
23crossings and on construction efficiency considerations relating
24to the geographical proximity of crossings included in such
25program. The design of the grade crossing traffic control
26devices must be approved by the department, and the cost of
27their purchase and installation must be paid from the funds
28described in paragraph (a).
29     (c)  Any public railroad-highway grade crossing opened on
30or after July 1, 1972, shall be maintained by the railroad
31company at its own expense. Any public railroad-highway grade
32railroad crossing opened prior to July 1, 1972, shall be
33maintained by the railroad company at its own expense, unless
34the maintenance has been provided for in another manner by
35contractual agreement entered into prior to October 1, 1982. If
36the railroad company fails to maintain the crossing, the unit of
37government with jurisdiction over the public road that is
38crossed, after notifying the railroad company of the needed
39repairs and after giving the company 30 days after the date of
40receipt of the notice to make the repairs, shall proceed to make
41the repairs. The cost of repairs shall thereupon become a lien
42upon the railroad and its rolling stock, which lien shall be
43enforceable by an ordinary suit at law. Any judgment rendered
44under this paragraph shall include a reasonable attorney's fee.
45The responsibility of a railroad company to comply with federal
46requirements of maintenance and inspection of public railroad-
47highway grade signal crossings and the public policy of the
48state that such responsibility be carried out by the railroad
49company at its own expense shall not be abrogated, transferred,
50or nullified by contract or administrative rule.
51     (d)  Prior to commencing the construction, rehabilitation,
52or maintenance of the railroad grade or highway approaches at a
53public railroad-highway grade crossing, the railroad company or
54governmental entity initiating the work shall notify the other
55party in order to promote the coordination of activities and to
56ensure a safe crossing with smooth pavement transitions from the
57grade of the railroad to the highway approaches.
58     (e)  The department shall amend rule 14-57.011(3)(a),
59Florida Administrative Code, to delete the provision for
60department participation in the cost of maintaining grade
61crossing traffic control devices located on the State Highway
62System.
63     Section 20.  Section 351.31, Florida Statutes, is created
64to read:
65     351.31  Access to railroad property by government
66officials; conditions of access prohibited.--
67     (1)  For purposes of this section, the term:
68     (a)  "Jurisdictional governmental entity" means any public
69body vested with the power to exercise eminent domain over the
70property for which access is sought.
71     (b)  "Substantial impairment of railroad operations" means
72that it has been established by clear and convincing evidence
73that the granting of access for the purpose or activity intended
74would significantly delay or prevent the scheduled operation of
75any train, as defined in s. 341.301.
76     (2)  Subject to the procedure provided in subsection (6),
77access to railroad real property that is adjacent to, abutting,
78or intersecting public lands, roadways, or highways is
79authorized for governmental entities and their agents for all
80purposes necessary to plan, facilitate, and complete road or
81highway construction, improvement, or repair projects. The
82access authorized under this section shall apply during the
83period of time that the road or highway construction,
84improvement or repair project undertaken by or on behalf of the
85jurisdictional governmental entity is in progress. Access
86authorized under this section does not give authority to any
87governmental entity or its agent to destroy, injure, damage, or
88remove any private property belonging to the railroad or to make
89any physical improvements to or conduct any excavation of any
90real property belonging to the railroad without first obtaining
91written permission of the railroad company.
92     (3)  No railroad company or railroad company representative
93shall refuse access to railroad real property authorized under
94subsection (2). Entry onto railroad property authorized by this
95section does not constitute trespass and neither governmental
96entities nor their agents shall be liable to arrest or to a
97civil action for trespass by reason of such entry.
98     (4)  A governmental entity or its agent authorized to enter
99railroad property under this section shall do so in compliance
100with all federal, state, and local laws, as well as agency rules
101pertaining to premises security and other health and safety
102requirements applicable to such property.
103     (5)  A railroad company is not liable to any third party
104for civil or criminal acts or damages that result from the
105negligent or intentional conduct of any agent of a governmental
106entity who is on railroad property under the authority granted
107under this section.
108     (6)(a)  Prior to entry onto railroad property by a
109governmental entity or its agent pursuant to this section, the
110governmental entity must deliver to the railroad company written
111notice of its intended entry not less than 5 days before the
112date of entry. The notice must include:
113     1.  The full name of each individual who is authorized to
114enter railroad property on its behalf as well as the name of his
115or her employer and immediate supervisor.
116     2.  The name of the governmental entity on whose behalf the
117entering agents are acting.
118     3.  The location, size, and area of the property to which
119access will be required.
120     4.  The name of the work project for which access is
121required.
122     5.  The estimated time required for access.
123     6.  A description of the work or other activity to be
124performed which makes access to railroad property necessary.
125     (b)  Within 72 hours after delivery of the written notice,
126a railroad company may file an action stating its objection in
127the circuit court of the jurisdiction in which the railroad
128property to be accessed is located. If no objection is filed by
129the railroad company within 72 hours after delivery of the
130written notice, access as specified in the written notice is
131authorized. Upon receipt of an objection, the circuit court
132shall set a hearing to determine the basis for the objection. A
133timely filed objection shall suspend authority to access
134railroad property granted under this section for 10 days unless,
135before the end of the 10-day period, a hearing has been
136scheduled and a stay has been issued in which event authority to
137access the railroad property shall remain suspended pending
138resolution by order of the circuit court.
139     (c)  At the hearing, the circuit court shall have for
140review the following issues:
141     1.  Whether or not the access to railroad property is
142necessary in scope, duration, and purpose for the planning,
143facilitation, and completion of a road or highway construction,
144improvement, or repair project;
145     2.  Whether or not the location of the property or the
146purpose for which entry is sought is of such a nature that
147denial of access is necessary to avoid a substantial risk of
148physical harm to persons or railroad property;
149     3. Whether or not, based on the description of the work or
150activity to be done on the property, access to the property for
151the work or activity described would be in violation of federal,
152state, or local laws or agency rules pertaining to premises
153security or other health and safety requirements applicable to
154such property;
155     4.  Whether or not, based on the description of the work or
156activity to be done on the property, there is a reasonable
157probability that railroad property would be damaged, destroyed,
158injured, or removed or real property excavated without
159permission of the railroad company.
160     5.  Whether, based on the description of the work or
161activity to be done on the property, the activity to be done
162would cause a substantial impairment of railroad operations.
163     6.  Whether or not granting the access requested would
164constitute a taking of property under the Fifth Amendment to the
165United States Constitution or s. 6, Art. X of the State
166Constitution.
167     a.  In determining whether or not granting access to the
168property constitutes a taking, the court shall consider to what
169extent, if any, granting the requested access would:
170     (I)  Prevent the railroad from using the property for the
171purpose or in the manner in which it is ordinarily used; or
172     (II)  Deprive the railroad of its beneficial use of the
173property at issue for the period of time access is granted.
174     b.  If the court finds that granting access would result in
175a taking, the amount of compensation shall be limited to cover
176only the period of time for which access is authorized.
177     (d)  At the hearing, the court may order such conditions on
178granting access to railroad property as it determines necessary
179to mitigate the risk of harm to persons or property, except that
180this section shall not be construed to authorize the court to
181require the governmental entity or its agent to procure the
182services of railroad employees as a condition of authorizing
183entry onto such property. In issuing its order, the court may
184limit the number of persons granted access and the duration of
185such access authorized under this section. In addition, the
186court may limit the activities that may be conducted on the
187railroad property as well as the time, place, and manner in
188which those activities are conducted.
189     (7)  A railroad company may not compel or require the use
190of flagging or other services provided by railroad company
191employees by contract, agreement, or otherwise as a condition of
192allowing access to their property as authorized in subsection
193(2).
194     (8)  This section does not authorize access to railroad
195property in violation of the requirements of federal law or to
196an employee of a railroad or a contractor to a railroad who is
197performing work within the definition of roadway worker as
198defined in 49 C.F.R. s. 214.7.
199
200
-----------------------------------------------------
201
T I T L E  A M E N D M E N T
202     Remove line 89 and insert:
203independent mixer; provides exemptions; amending s. 335.141,
204F.S.; requiring public railroad-highway grade crossings opened
205after a certain date to be maintained by the railroad company at
206its own expense; providing that certain responsibilities of a
207railroad company to maintain and inspect public railroad-highway
208grade signal crossings shall not be abrogated, transferred, or
209nullified by contract or administrative rule; directing the
210Department of Transportation to amend specified rules to delete
211the provision for department participation in the cost of
212maintaining grade crossing traffic control devices located on
213the State Highway System; creating s. 351.31, F.S.; providing
214authorization for governmental entities to access railroad real
215property adjoining public property as necessary to plan,
216facilitate, and complete road or highway construction,
217improvement, or repair projects, subject to specified
218procedures; prohibiting a railroad company from refusing such
219access; providing that entry pursuant to such authorization is
220not trespass; requiring the governmental entity or its agent to
221comply with laws and rules; limiting liability of the railroad
222company for conduct of the agent; providing procedures to be
223followed by the governmental entity prior to entry onto the
224railroad property; requiring notification; providing procedures
225for the railroad company to object; providing for filing of the
226objection in court; providing specifications for court review
227and findings; providing for compensation if the court finds that
228granting access would result in a taking; authorizing the court
229to order such conditions on granting access and certain
230limitations on activities as it deems necessary; providing that
231the railroad company may not condition access on the use of
232services provided by railroad company employees by contract,
233agreement, or otherwise; providing for applicability; amending
234s.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader