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Florida Senate - 2008 SENATOR AMENDMENT

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

789760

CHAMBER ACTION

Senate

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House



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Senator Alexander moved the following substitute for amendment

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(247332):

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     Senate Amendment (with title amendment)

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     Between lines 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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================ 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;

4/30/2008  11:39:00 PM     TR.17.09366

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

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