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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

247332

CHAMBER ACTION

Senate

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House



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Senator Alexander moved the following amendment to amendment

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(844108):

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     Senate Amendment (with title amendment)

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     Between line(s) 2741-2742

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insert:

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     Section 66.  Paragraph (d) of subsection (10) of section

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768.28, Florida Statutes, is amended to read:

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     768.28  Waiver of sovereign immunity in tort actions;

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recovery limits; limitation on attorney fees; statute of

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limitations; exclusions; indemnification; risk management

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programs.--

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     (10)

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     (d)  For the purposes of this section, operators,

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dispatchers, and providers of security for rail services and rail

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facility maintenance providers in the South Florida Rail

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Corridor, or any of their employees or agents, performing such

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services under contract with and on behalf of the South Florida

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Regional Transportation Authority or the Department of

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Transportation shall be considered agents of the state while

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acting within the scope of and pursuant to guidelines established

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in said contract or by rule. This paragraph applies only to

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contracts in effect on the effective date of this act and only to

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the initial term of such contracts.

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     Section 67.  Section 343.58, Florida Statutes, is amended to

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read:

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     343.58  County funding for the South Florida Regional

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Transportation Authority.--

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     (1)  Each county served by the South Florida Regional

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Transportation Authority must dedicate and transfer not less than

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$2.67 million to the authority annually. The recurring annual

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$2.67 million must be dedicated by the governing body of each

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county before October 31 of each fiscal year.

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     (2) At least $45 million of a state-authorized, local

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option recurring funding source available to Broward, Miami-Dade,

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and Palm Beach counties is directed to the authority to fund its

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capital, operating, and maintenance expenses. The funding source

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shall be dedicated to the authority only if Broward, Miami-Dade,

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and Palm Beach counties impose the local option funding source.

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     (2)(3) In addition, each county shall continue to annually

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fund the operations of the South Florida Regional Transportation

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Authority in an amount not less than $1.565 million. Revenue

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raised pursuant to this subsection shall also be considered a

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dedicated funding source.

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     (3)(4) The current funding obligations under subsections

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(1) and (3) shall cease upon commencement of the collection of

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funding from the funding source under subsection (2). If the

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funding under subsection (2) is discontinued for any reason, the

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funding obligations under subsections (1) and (3) shall resume

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when collection from the funding source under subsection (2)

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ceases. Payment by the counties shall be on a pro rata basis the

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first year following cessation of the funding under subsection

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(2). The authority shall refund a pro rata share of the payments

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for the current fiscal year made pursuant to the current funding

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obligations under subsections (1) and (3) as soon as reasonably

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practicable after it begins to receive funds under subsection

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(2). If, by December 31, 2015, the South Florida Regional

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Transportation Authority has not received federal matching funds

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based upon the dedication of funds under subsection (1),

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subsection (1) shall be repealed.

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     Section 68.  Paragraph (b) of subsection (4) of section

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341.303, Florida Statutes, is amended to read:

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     341.303  Funding authorization and appropriations;

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eligibility and participation.--

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     (4)  FUND PARTICIPATION; SERVICE DEVELOPMENT.--

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     (b)  The department is authorized to fund up to 100 percent

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of the net operating costs of any eligible intercity or commuter

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rail service development project that is statewide in scope or

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involves more than one county if no other governmental unit of

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appropriate jurisdiction exists. For commuter rail service, after

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the 5th year of operation, the department's participation is

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limited to a maximum of 50 percent of the net operating costs of

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the service. For commuter rail service, after the 15th year of

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operation, the department shall not fund any portion of the net

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operating costs of the service.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 3048, after the semicolon,

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insert:

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amending s. 768.28, F.S.; limiting the extension of

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sovereign immunity to commuter rail systems operating

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under a contract as of the effective date of this act;

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amending s. 343.58, F.S.; deleting provisions relating to

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state-authorized, local option recurring funding for the

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South Florida Regional Transportation Authority; amending

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s. 341.303, F.S.; limiting the funding of net operating

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costs for commuter rail service;

4/30/2008  11:24:00 PM     TR.17.09365

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

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