November 27, 2020
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498529
  Amendment
Bill No. CS/CS/HB 1399
Amendment No. 498529
CHAMBER ACTION
Senate House
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1Representative Homan offered the following:
2
3     Amendment
4     Remove lines 2354-2637 and insert:
5     Section 38.  Subsections (8) through (15) are added to
6section 341.301, Florida Statutes, to read:
7     341.301  Definitions; ss. 341.302 and 341.303.--As used in
8ss. 341.302 and 341.303, the term:
9     (8)  "Commuter rail passenger or passengers" means and
10includes any and all persons, ticketed or unticketed, using the
11commuter rail service on a department-owned rail corridor:
12     (a)  On board trains, locomotives, rail cars, or rail
13equipment employed in commuter rail service or entraining and
14detraining therefrom;
15     (b)  On or about the rail corridor for any purpose related
16to the commuter rail service, including, without limitation,
17parking, inquiring about commuter rail service or purchasing
18tickets therefor and coming to, waiting for, leaving from, or
19observing trains, locomotives, rail cars, or rail equipment; or
20     (c)  Meeting, assisting, or in the company of any person
21described in paragraph (a) or paragraph (b).
22     (9)  "Commuter rail service" means the transportation of
23commuter rail passengers and other passengers by rail pursuant
24to a rail program provided by the department or any other
25governmental entities.
26     (10)  "Rail corridor invitee" means and includes any and
27all persons who are on or about a department-owned rail
28corridor:
29     (a)  For any purpose related to any ancillary development
30thereon; or
31     (b)  Meeting, assisting, or in the company of any person
32described in paragraph (a).
33     (11)  "Rail corridor" means a linear contiguous strip of
34real property that is used for rail service. The term includes
35the corridor and structures essential to the operation of a
36railroad, including the land, structures, improvements, rights-
37of-way, easements, rail lines, rail beds, guideway structures,
38switches, yards, parking facilities, power relays, switching
39houses, rail stations, ancillary development, and any other
40facilities or equipment used for the purposes of construction,
41operation, or maintenance of a railroad that provides rail
42service.
43     (12)  "Railroad operations" means the use of the rail
44corridor to conduct commuter rail service, intercity rail
45passenger service, or freight rail service.
46     (13)  "Ancillary development" includes any lessee or
47licensee of the department, including, but not limited to, other
48governmental entities, vendors, retailers, restaurateurs, or
49contract service providers, within a department-owned rail
50corridor, except for providers of commuter rail service,
51intercity rail passenger service, or freight rail service.
52     (14)  "Governmental entity or entities" means as defined in
53s. 11.45, including a "public agency" as defined in s. 163.01.
54     (15)  "Private party train" means any train involved in an
55incident that is neither the department's train nor the freight
56rail operator's train.
57     Section 39.  Section 341.302, Florida Statutes, is amended
58to read:
59     341.302  Rail program, duties and responsibilities of the
60department.--The department, in conjunction with other
61governmental entities units and the private sector, shall
62develop and implement a rail program of statewide application
63designed to ensure the proper maintenance, safety,
64revitalization, and expansion of the rail system to assure its
65continued and increased availability to respond to statewide
66mobility needs. Within the resources provided pursuant to
67chapter 216, and as authorized under federal law Title 49 C.F.R.
68part 212, the department shall:
69     (1)  Provide the overall leadership, coordination, and
70financial and technical assistance necessary to assure the
71effective responses of the state's rail system to current and
72anticipated mobility needs.
73     (2)  Promote and facilitate the implementation of advanced
74rail systems, including high-speed rail and magnetic levitation
75systems.
76     (3)  Develop and periodically update the rail system plan,
77on the basis of an analysis of statewide transportation needs.
78The plan shall be consistent with the Florida Transportation
79Plan developed pursuant to s. 339.155. The rail system plan
80shall include an identification of priorities, programs, and
81funding levels required to meet statewide needs. The rail system
82plan shall be developed in a manner that will assure the maximum
83use of existing facilities and the optimum integration and
84coordination of the various modes of transportation, public and
85private, in the most cost-effective manner possible. The rail
86system plan shall be updated at least every 2 years and include
87plans for both passenger rail service and freight rail service.
88     (4)  As part of the work program of the department,
89formulate a specific program of projects and financing to
90respond to identified railroad needs.
91     (5)  Provide technical and financial assistance to units of
92local government to address identified rail transportation
93needs.
94     (6)  Secure and administer federal grants, loans, and
95apportionments for rail projects within this state when
96necessary to further the statewide program.
97     (7)  Develop and administer state standards concerning the
98safety and performance of rail systems, hazardous material
99handling, and operations. Such standards shall be developed
100jointly with representatives of affected rail systems, with full
101consideration given to nationwide industry norms, and shall
102define the minimum acceptable standards for safety and
103performance.
104     (8)  Conduct, at a minimum, inspections of track and
105rolling stock; train signals and related equipment; hazardous
106materials transportation, including the loading, unloading, and
107labeling of hazardous materials at shippers', receivers', and
108transfer points; and train operating practices to determine
109adherence to state and federal standards. Department personnel
110may enforce any safety regulation issued under the Federal
111Government's preemptive authority over interstate commerce.
112     (9)  Assess penalties, in accordance with the applicable
113federal regulations, for the failure to adhere to the state
114standards.
115     (10)  Administer rail operating and construction programs,
116which programs shall include the regulation of maximum train
117operating speeds, the opening and closing of public grade
118crossings, the construction and rehabilitation of public grade
119crossings, and the installation of traffic control devices at
120public grade crossings, the administering of the programs by the
121department including participation in the cost of the programs.
122     (11)  Coordinate and facilitate the relocation of railroads
123from congested urban areas to nonurban areas when relocation has
124been determined feasible and desirable from the standpoint of
125safety, operational efficiency, and economics.
126     (12)  Implement a program of branch line continuance
127projects when an analysis of the industrial and economic
128potential of the line indicates that public involvement is
129required to preserve essential rail service and facilities.
130     (13)  Provide new rail service and equipment when:
131     (a)  Pursuant to the transportation planning process, a
132public need has been determined to exist;
133     (b)  The cost of providing such service does not exceed the
134sum of revenues from fares charged to users, services purchased
135by other public agencies, local fund participation, and specific
136legislative appropriation for this purpose; and
137     (c)  Service cannot be reasonably provided by other
138governmental or privately owned rail systems.
139
140The department may own, lease, and otherwise encumber
141facilities, equipment, and appurtenances thereto, as necessary
142to provide new rail services; or the department may provide such
143service by contracts with privately owned service providers.
144     (14)  Furnish required emergency rail transportation
145service if no other private or public rail transportation
146operation is available to supply the required service and such
147service is clearly in the best interest of the people in the
148communities being served. Such emergency service may be
149furnished through contractual arrangement, actual operation of
150state-owned equipment and facilities, or any other means
151determined appropriate by the secretary.
152     (15)  Assist in the development and implementation of
153marketing programs for rail services and of information systems
154directed toward assisting rail systems users.
155     (16)  Conduct research into innovative or potentially
156effective rail technologies and methods and maintain expertise
157in state-of-the-art rail developments.
158     (17)  In conjunction with the acquisition, ownership,
159construction, operation, maintenance, and management of a rail
160corridor, have the authority to:
161     (a)  Assume the obligation by contract to forever protect,
162defend, and indemnify and hold harmless the freight rail
163operator, or its successors, from whom the department has
164acquired a real property interest in the rail corridor, and that
165freight rail operator's officers, agents, and employees, from
166and against any liability, cost, and expense including, but not
167limited to, claims arising from an action brought by or on
168behalf of commuter rail passengers, rail corridor invitees, and
169trespassers in the rail corridor, regardless of whether the
170loss, damage, destruction, injury, or death giving rise to any
171such liability, cost, or expense is caused in whole or in part
172by the fault, misconduct, nonfeasance, or misfeasance of such
173freight rail operator, its successors, or its officers, agents,
174and employees, or any other persons according to the following
175parameters establishing the of allocation of risk:
176     1.  General department liability.--The department may be
177solely responsible for any loss, injury, or damage to commuter
178rail passengers, rail corridor invitees, or trespassers,
179regardless of circumstances or cause, subject to subparagraphs
1802. and 3.
181     a.  Private party train.--A private party train may be
182treated as a department train, solely for purposes of any
183allocation of liability between the department and the freight
184rail operator only, if in return for the department's agreement
185to assume such allocation of liability, the following terms are
186agreed to:
187     2.  Allocation of liability.--
188     a.  Private party train.--A private party train may be
189treated as a department train, solely for purposes of any
190allocation of liability between the department and the freight
191rail operator only, if, in return for the department's agreement
192to assume such allocation of liability, the following terms are
193agreed to:
194     (I)  The freight rail operator and the department share
195responsibility equally as to third parties outside the rail
196corridor who incur loss, injury, or damage as a result of any
197incident involving both a department train and a freight rail
198operator train; and
199     (II)  Regardless of whether a private party train is
200treated as a department train, the allocation of liability as
201between the department and the freight rail operator remains
202one-half each as to third parties outside the rail corridor who
203incur loss, injury, or damage as a result of the incident; and
204     b.  Incidents involving a single train.--
205     (I)  For incidents involving a single train that is a
206department train, the department may be solely responsible for
207any loss, injury, or damage if, in return for the department's
208agreement to assume such responsibility, the freight rail
209operator agrees to be solely responsible for any loss, injury,
210or damage to its property and all of its people in any instance
211when its train is involved in a single train incident.
212     (II)  For incidents involving a single train that is a
213private party train, the department may be solely responsible
214for any loss, injury, or damage if, in return for the
215department's agreement to assume such responsibility, the
216freight rail operator agrees to be solely responsible for any
217loss, injury, or damage to its property and all of its people in
218any instance when its train is involved in a single train
219incident.
220     c.  Incidents involving two or more trains.--
221     (I)  For incidents involving a department train and the
222freight rail operator's train or incidents involving a private
223party train and the freight rail operator's train, the
224department may be responsible for its property and all of its
225people, all commuter rail passengers, rail corridor invitees,
226and trespassers, if, in return for the department's agreement to
227assume such responsibility, the following terms are agreed to
228apply in the case of such incidents:
229     (A)  The freight rail operator is to be solely responsible
230for any loss, injury, or damage to its property and all of its
231people; and
232     (B)  The department and the freight rail operator share
233responsibility one-half each as to third parties outside the
234rail corridor who incur loss, injury, or damage as a result of
235the incident.
236     (II)  For incidents when a department train, a freight rail
237operator train ,and any private party train are all involved in
238an incident, the department may be responsible for its property
239and all of its people, all commuter rail passengers, rail
240corridor invitees, and trespassers, if, in return for the
241department's agreement to assume such responsibility, the
242following terms are agreed to apply in such incidents:
243     (A)  The freight rail operator is to be solely responsible
244for any loss, injury, or damage to its property and all of its
245people;
246     (B)  The allocation of liability between the department and
247the freight rail operator, regardless of whether the private
248party train is treated as a department train, shall remain one-
249half each as to third parties outside the rail corridor who
250incur loss, injury, or damage as a result of the incident;
251     (C)  The involvement of any private party train shall not
252alter the sharing of equal responsibility as to third parties
253outside the rail corridor who incur loss, injury, or damage as a
254result of the incident; and
255     (D)  In any case in which the owner, operator, or insurer
256of the private party train makes any payment to injured third
257parties outside the rail corridor who incur loss, injury, or
258damage as a result of the incident, the allocation of credit
259between the department and the freight rail operator as to such
260payment shall not in any case reduce the freight rail operator's
261third party sharing allocation of one-half under this paragraph
262to less than one-third of the total third party liability.
263     3.  Contracts.--Any contract to protect, defend, indemnify,
264and hold harmless a freight rail operator as provided in this
265subsection shall expressly provide:
266     a.  For the inclusion of a specific cap on the amount of
267the contractual duty, which amount shall not exceed $200 million
268without prior legislative approval;
269     b.  That the department must purchase liability insurance
270and establish a self-insurance retention fund in the amount of
271the specific cap established under sub-subparagraph a.;
272     c.  That no contractual duty shall in any case be effective
273nor otherwise extend the department's liability in scope and
274effect beyond the contractual liability insurance and self-
275insurance retention fund required pursuant to this subsection;
276and
277     d.  That the freight rail operator's compensation to the
278department for future use of the department's rail corridor must
279include a monetary contribution to the cost of such liability
280coverage for the sole benefit of the freight rail operator.
281     (b)  Purchase liability insurance which amount shall not
282exceed $200 million and establish a self-insurance retention
283fund for the purpose of paying the deductible limit established
284in the insurance policies it may obtain, including coverage for
285the department, any freight rail operator as described in
286paragraph (a), commuter rail service providers, governmental
287entities, or ancillary development; however, the insureds shall
288pay a reasonable monetary contribution to the cost of such
289liability coverage for the sole benefit of the insured. Such
290insurance and self-insurance retention fund may provide coverage
291for all damages, including, but not limited to, compensatory,
292special, and exemplary, and be maintained to provide an adequate
293fund to cover claims and liabilities for loss, injury, or damage
294arising out of or connected with the ownership, operation,
295maintenance, and management of a rail corridor.
296     (c)  Incur expenses for the purchase of advertisements,
297marketing, and promotional items.
298
299Neither the assumption by contract to protect, defend,
300indemnify, and hold harmless; the purchase of insurance; nor the
301establishment of a self-insurance retention fund shall be deemed
302to be a waiver of any defense of sovereign immunity for torts
303nor deemed to increase the limits of the department's or the
304governmental entity's liability for torts as provided in s.
305768.28. The requirements of s. 287.022(1) shall not apply to the
306purchase of any insurance under this subsection. The provisions
307of this subsection shall apply and inure fully as to any other
308governmental entity providing commuter rail service and
309constructing, operating, maintaining, or managing a rail
310corridor on publicly owned right-of-way under contract by the
311governmental entity with the department or a governmental entity
312designated by the department.
313     (18)(17)  Exercise such other functions, powers, and duties
314in connection with the rail system plan as are necessary to
315develop a safe, efficient, and effective statewide
316transportation system.
317transportation system.


CODING: Words stricken are deletions; words underlined are additions.
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