Florida Senate - 2017                              CS for SB 842
       
       
        
       By the Committee on Transportation; and Senator Galvano
       
       
       
       
       
       596-02746-17                                           2017842c1
    1                        A bill to be entitled                      
    2         An act relating to the South Florida Regional
    3         Transportation Authority; creating s. 343.545, F.S.;
    4         defining terms; authorizing the South Florida Regional
    5         Transportation Authority, in conjunction with the
    6         operation of a certain commuter rail service, to have
    7         the power to assume specified indemnification and
    8         insurance obligations, subject to certain
    9         requirements; amending s. 343.58, F.S.; requiring the
   10         Department of Transportation to transfer specified
   11         amounts annually from the State Transportation Trust
   12         Fund to the authority; requiring that the transfer be
   13         made through quarterly payments commencing at the
   14         start of each fiscal year; amending s. 341.302, F.S.;
   15         authorizing the department to agree to assume certain
   16         indemnification and insurance obligations under
   17         certain circumstances; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 343.545, Florida Statutes, is created to
   22  read:
   23         343.545 Power to assume indemnification and insurance
   24  obligations; definitions.—
   25         (1) As used in this section, the term:
   26         (a) “All Aboard Florida” or “AAF” means All Aboard Florida
   27  Operations, LLC, or its successors and assigns.
   28         (b) “AAF intercity rail passenger” means any person,
   29  ticketed or unticketed, using the AAF intercity passenger rail
   30  service on the rail corridor:
   31         1. On board trains, locomotives, rail cars, or rail
   32  equipment employed in AAF intercity passenger rail service or
   33  entraining thereon and detraining therefrom;
   34         2. On or about the rail corridor for any purpose related to
   35  the AAF intercity passenger rail service, including parking or
   36  purchasing tickets therefor and coming to, waiting for, and
   37  leaving from locomotives, rail cars, or rail equipment; or
   38         3. Meeting, assisting, or in the company of any person
   39  described in subparagraph 1. or subparagraph 2.
   40         (c) “AAF rail corridor invitee” means any rail corridor
   41  invitee who is an AAF intercity rail passenger or is otherwise
   42  present on the rail corridor at the request of, pursuant to a
   43  contract with, or otherwise for the purpose of doing business
   44  with or at the behest of AAF, including persons who are vendors
   45  or employees of vendors at the MiamiCentral station or any other
   46  station that AAF may construct on the rail corridor. The term
   47  does not include patrons at any station, except those patrons
   48  who are also AAF’s intercity rail passengers; commercial or
   49  residential tenants of the developments in and around the
   50  stations or their invitees; or any third parties performing work
   51  at a station or in the rail corridor, such as employees and
   52  invitees of PI or related entities, utilities, and fiber optic
   53  companies, or invitees or employees of the department or any
   54  county or municipality.
   55         (d) “Commuter rail passenger” means any person, ticketed or
   56  unticketed, using the commuter rail service on the rail
   57  corridor:
   58         1. On board trains, locomotives, rail cars, or rail
   59  equipment employed in commuter rail service or entraining
   60  thereon and detraining therefrom;
   61         2. On or about the rail corridor for any purpose related to
   62  the commuter rail service, including parking or purchasing
   63  tickets therefor and coming to, waiting for, and leaving from
   64  locomotives, rail cars, or rail equipment; or
   65         3. Meeting, assisting, or in the company of any person
   66  described in subparagraph 1. or subparagraph 2.
   67         (e) “Commuter rail service” means the operation of the
   68  authority’s trains transporting passengers and making frequent
   69  stops within urban areas and their immediate suburbs along the
   70  rail corridor for the purpose of passengers entraining and
   71  detraining, and including the nonrevenue movement of trains for
   72  storage or maintenance. The term does not include the operation
   73  of trains by AAF transporting passengers in intercity passenger
   74  rail service between passenger rail stations established by AAF
   75  at Miami-Dade, Fort Lauderdale, West Palm Beach, or future
   76  stations, but shall include the provision of non-SFRTA commuter
   77  rail service by AAF or a third party designated by AAF,
   78  including SFRTA.
   79         (f) “Existing IRIS crossing” means the existing, at-grade
   80  railroad crossing between the SFRC and the rail corridor located
   81  in Miami-Dade County.
   82         (g)“Florida East Coast Railway” or “FECR” means Florida
   83  East Coast Railway, LLC, or its successors and assigns.
   84         (h) “FECR rail corridor invitee” means any rail corridor
   85  invitee who is present on the rail corridor at the request of,
   86  pursuant to a contract with, or otherwise for the purpose of
   87  doing business with or at the behest of FECR. The term does not
   88  include patrons at any station; commercial or residential
   89  tenants of the developments in and around the stations or their
   90  invitees; or any third parties performing work at a station or
   91  in the rail corridor, such as employees and invitees of PI or
   92  related entities, utilities, and fiber optic companies or
   93  others, or invitees or employees of the department or any county
   94  or municipality.
   95         (i) “Freight rail service” means any and all uses and
   96  purposes that are ancillary or related to current and future
   97  freight rail operations on, along, over, under, and across the
   98  rail corridor, including operating trains, rail cars, business
   99  cars, locomotives, hi-rail vehicles, and other rail equipment
  100  for the movement of freight in overhead and local service;
  101  interchanging rail cars with other freight railroads; providing
  102  pickups, setoffs, transloading services, or storage in transit;
  103  and any and all other activities that are ancillary or related
  104  to the transportation of freight on or along the rail corridor.
  105         (j) “Intercity passenger rail service” means all passenger
  106  service on the rail corridor other than commuter rail service
  107  and is characterized by trains making less frequent stops along
  108  the rail corridor than the commuter rail service does.
  109         (k) “Joint infrastructure” means any portion or segment of
  110  the rail corridor which does not contain tracks or
  111  infrastructure designated for the exclusive use of the
  112  authority, AAF, or FECR and portions of the MiamiCentral station
  113  used by both AAF and SFRTA, including, but not limited to,
  114  stairs, elevators, and escalators.
  115         (l)“Limited covered accident” means:
  116         1. A collision directly between the trains, locomotives,
  117  rail cars, or rail equipment of SFRTA and FECR only, where the
  118  collision is caused by or arising from the willful misconduct of
  119  FECR or its subsidiaries, agents, licensees, employees,
  120  officers, or directors, as adjudicated pursuant to a final and
  121  unappealable court order, or if punitive damages or exemplary
  122  damages are awarded due to the conduct of FECR or its
  123  subsidiaries, agents, licensees, employees, officers, or
  124  directors, as adjudicated pursuant to a final and unappealable
  125  court order; or
  126         2. A collision directly between the trains, locomotives,
  127  rail cars, or rail equipment of SFRTA and AAF only, if the
  128  collision is caused by or arising from the willful misconduct of
  129  AAF or its subsidiaries, agents, licensees, employees, officers,
  130  or directors, as adjudicated pursuant to a final and
  131  unappealable court order, or if punitive damages or exemplary
  132  damages are awarded due to the conduct of AAF or its
  133  subsidiaries, agents, licensees, employees, officers, or
  134  directors, as adjudicated pursuant to a final and unappealable
  135  court order.
  136         (m) “MiamiCentral” means the primary All Aboard Florida
  137  station located in downtown Miami, which includes exclusive
  138  areas used by the authority for commuter rail service.
  139         (n) “Non-SFRTA commuter rail service” means AAF’s
  140  operation, or an AAF third-party designee’s operation, of trains
  141  in any commuter rail service on the rail corridor which is not
  142  SFRTA’s commuter rail service. The term does not include:
  143         1. Any service operated by the authority between the
  144  MiamiCentral station and any stations in Miami-Dade County,
  145  Broward County, Palm Beach County, or points north on the FECR
  146  rail corridor; and
  147         2. SFRTA’s commuter rail service on the South Florida Rail
  148  Corridor owned by the department.
  149         (o) “Non-SFRTA commuter rail service operator” means the
  150  operator of any non-SFRTA commuter rail service.
  151         (p) “Other train” means a train that is not SFRTA’s train,
  152  FECR’s train, AAF’s train, a train of a non-SFRTA commuter rail
  153  service operator, or a train of any other operator of intercity
  154  rail passenger service and must be treated as a train of the
  155  entity that made the initial request for the train to operate on
  156  the rail corridor.
  157         (q)“Passenger easement” means a permanent, perpetual, and
  158  exclusive easement on, along, over, under, or across the rail
  159  corridor for commuter rail service.
  160         (r) “PI” means FDG Flagler Station II, LLC, which has an
  161  easement on the rail corridor for nonrail uses.
  162         (s)“Rail corridor” means the portion of a linear
  163  contiguous strip of real property which is used for rail service
  164  and owned by FECR or owned or controlled by AAF. The term
  165  applies only when the authority has, by contract, assumed the
  166  obligation to forever protect, defend, indemnify, and hold
  167  harmless FECR, AAF, or their successors, in accordance with
  168  subsection (2), and acquired an easement interest, a lease, a
  169  right to operate, or a right of access. The term includes
  170  structures essential to railroad operations, including the land,
  171  structures, improvements, rights-of-way, easements, rail lines,
  172  rail beds, guideway structures, switches, yards, parking
  173  facilities, power relays, switching houses, rail stations, any
  174  ancillary development, and any other facilities or equipment
  175  used for the purposes of construction, operation, or maintenance
  176  of a railroad that provides rail service.
  177         (t) “Rail corridor invitee” means any person who is on or
  178  about the rail corridor in which the AAF, SFRTA, or the non
  179  SFRTA commuter rail service operator has an easement interest, a
  180  lease, a right to operate, or a right of access, and who is:
  181         1. Present at the behest of an AAF, an SFRTA, a FECR, or
  182  the non-SFRTA commuter rail service operator for any purpose;
  183         2. Otherwise entitled to be on or about the rail corridor;
  184  or
  185         3. Meeting, assisting, or in the company of a person
  186  described in subparagraph 1. or subparagraph 2.
  187         (u) “SFRC” means South Florida Rail Corridor.
  188         (v) “South Florida Regional Transportation Authority” or
  189  “SFRTA” means the authority.
  190         (w) “SFRTA rail corridor invitee” means any rail corridor
  191  invitee who is SFRTA’s commuter rail passenger or is otherwise
  192  present on the rail corridor at the request of, pursuant to a
  193  contract with, for the purpose of doing business with, or at the
  194  behest of SFRTA. The term does not include patrons at any
  195  station, except those patrons who are also SFRTA’s commuter rail
  196  passengers; any person present on the rail corridor who is a
  197  patron of the non-SFRTA commuter rail service or is meeting or
  198  assisting a person who is a patron of the non-SFRTA commuter
  199  rail service; commercial or residential tenants of the
  200  developments in and around the stations or their invitees; or
  201  any third parties performing work at a station or in the rail
  202  corridor, such as employees and invitees of PI or related
  203  entities, utilities, and fiber optic companies or others, or
  204  invitees or employees of the department or any county or
  205  municipality.
  206         (2) The authority, in conjunction with the operation of a
  207  commuter rail service on a rail corridor, has the power to
  208  assume the following obligations:
  209         (a)To indemnify AAF and FECR in accordance with the terms
  210  specified in this paragraph for so long as AAF and FECR or their
  211  successors in interest agree to indemnify the authority in
  212  accordance with the terms specified in this paragraph.
  213         1. Except as specifically provided in this paragraph, the
  214  authority shall protect, defend, indemnify, and hold harmless
  215  FECR, its officers, agents, employees, successors, and assigns
  216  from and against any liability, cost, and expense, including,
  217  but not limited to, SFRTA’s commuter rail passengers and rail
  218  corridor invitees in, on, or about the rail corridor, regardless
  219  of whether the loss, damage, destruction, injury, or death
  220  giving rise to any such liability, cost, or expense is caused in
  221  whole or in part, and to whatever nature or degree, by the
  222  fault, failure, negligence, misconduct, nonfeasance, or
  223  misfeasance of FECR or its officers, agents, employees,
  224  successors, and assigns;
  225         2. Except as specifically provided in this paragraph, the
  226  authority shall protect, defend, indemnify, and hold harmless
  227  AAF and its officers, agents, employees, successors, and assigns
  228  from and against any liability, cost, and expense, including,
  229  but not limited to, SFRTA commuter rail passengers and SFRTA
  230  rail corridor invitees in, on, or about the rail corridor,
  231  regardless of whether the loss, damage, destruction, injury, or
  232  death giving rise to any such liability, cost, or expense is
  233  caused in whole or in part, and to whatever nature or degree, by
  234  the fault, failure, negligence, misconduct, nonfeasance, or
  235  misfeasance of AAF or its officers, agents, employees,
  236  successors, and assigns; or
  237         3. The assumption of liability by the authority may not in
  238  any instance exceed the following parameters of allocation of
  239  risk:
  240         a. The authority shall be solely responsible for any loss,
  241  injury, or damage to SFRTA commuter rail passengers, or to SFRTA
  242  rail corridor invitees or trespassers, other than passengers or
  243  invitees of the non-SFRTA commuter rail service, regardless of
  244  circumstances or cause, subject to the terms and provisions of
  245  this paragraph.
  246         b. FECR shall, with respect to a limited covered accident,
  247  protect, defend, and indemnify SFRTA for the amount of the self
  248  insurance retention account.
  249         c. AAF shall, with respect to a limited covered accident,
  250  protect, defend, and indemnify SFRTA for the amount of the self
  251  insurance retention account.
  252         d. When only one train is involved in an incident,
  253  including incidents with trespassers or at at-grade crossings,
  254  the authority shall be solely responsible for any loss, injury,
  255  or damage if the train is an SFRTA train.
  256         e. When an incident occurs with only FECR’s train involved,
  257  including incidents with trespassers or at at-grade crossings,
  258  FECR shall be solely responsible for any loss, injury, or
  259  damage, except for SFRTA’s commuter rail passengers, SFRTA
  260  employees, and SFRTA rail corridor invitees.
  261         f. When an incident occurs with only AAF’s train involved,
  262  including incidents with trespassers or at at­grade crossings,
  263  AAF shall be solely responsible for any loss, injury, or damage,
  264  except for SFRTA’s commuter rail passengers, SFRTA employees,
  265  and SFRTA rail corridor invitees.
  266         g. For the purposes of this paragraph:
  267         (I) An “other train” shall be treated as the train of the
  268  entity that made the initial request for the train to operate on
  269  the rail corridor.
  270         (II) In an incident involving any other train that is not
  271  an SFRTA train, the other train shall be treated as an SFRTA
  272  train solely for purposes of any allocation of liability
  273  between:
  274         (A) SFRTA and FECR. SFRTA and FECR shall share
  275  responsibility equally as to third parties outside the rail
  276  corridor who incur loss, injury, or damage as a result of any
  277  incident involving both SFRTA’s train and FECR’s train and the
  278  allocation as between SFRTA and FECR, regardless of whether the
  279  other train is treated as an SFRTA train, shall remain one-half
  280  each as to third parties outside the rail corridor who incur
  281  loss, injury, or damage as a result of the incident. The
  282  involvement of any other train shall not alter the sharing of
  283  equal responsibility as to third parties outside the rail
  284  corridor who incur loss, injury, or damage as a result of the
  285  incident.
  286         (B) SFRTA and AAF. SFRTA and AAF shall share responsibility
  287  equally as to third parties outside the rail corridor who incur
  288  loss, injury, or damage as a result of any incident involving
  289  both an SFRTA train and AAF’s train and the allocation as
  290  between SFRTA and AAF, regardless of whether the other train is
  291  treated as an SFRTA train, shall remain one-half each as to
  292  third parties outside the rail corridor who incur loss, injury,
  293  or damage as a result of the incident. The involvement of any
  294  other train shall not alter the sharing of equal responsibility
  295  as to third parties outside the rail corridor who incur loss,
  296  injury, or damage as a result of the incident.
  297         h. When more than one train is involved in an incident:
  298         (I)If only an SFRTA train and a FECR train, or only an
  299  other train that is an SFRTA train by definition and a FECR
  300  train, are involved in an incident, SFRTA shall be responsible
  301  for its property, all SFRTA’s commuter rail passengers, SFRTA
  302  employees, and SFRTA rail corridor invitees. FECR shall be
  303  responsible for its property and all of its employees and FECR
  304  rail corridor invitees. SFRTA and FECR shall each share one-half
  305  responsibility as to the joint infrastructure and rail corridor
  306  invitees who are not SFRTA rail corridor invitees or FECR rail
  307  corridor invitees, including, but not limited to, trespassers or
  308  third parties outside the rail corridor who incur loss, injury,
  309  or damage as a result of the incident.
  310         (II) If only an SFRTA train and an AAF train, or only an
  311  other train that is by definition an SFRTA train and an AAF
  312  train, are involved in an incident, SFRTA shall be responsible
  313  for its property, all SFRTA’s commuter rail passengers, SFRTA
  314  employees, and SFRTA rail corridor invitees. AAF shall be
  315  responsible for its property and all of its employees, AAF’s
  316  intercity rail passengers, and AAF rail corridor invitees. SFRTA
  317  and AAF shall each share one-half responsibility as to the joint
  318  infrastructure and rail corridor invitees who are not SFRTA rail
  319  corridor invitees or AAF rail corridor invitees, including, but
  320  not limited to, trespassers or third parties outside the rail
  321  corridor who incur loss, injury, or damage as a result of the
  322  incident.
  323         (III) If a FECR train, an SFRTA train, and an AAF train are
  324  involved in an incident, SFRTA shall be responsible for its
  325  property, all SFRTA’s commuter rail passengers, SFRTA employees,
  326  and SFRTA rail corridor invitees. AAF shall be responsible for
  327  its property and all of its employees, AAF’s intercity rail
  328  passengers, and AAF rail corridor invitees. FECR shall be
  329  responsible for its property and all of its employees and FECR
  330  rail corridor invitees. SFRTA, FECR, and AAF shall each share
  331  one-third responsibility as to the joint infrastructure and rail
  332  corridor invitees who are not SFRTA rail corridor invitees, AAF
  333  rail corridor invitees, or FECR rail corridor invitees,
  334  including, but not limited to, trespassers or third parties
  335  outside the rail corridor who incur loss, injury, or damage as a
  336  result of the incident.
  337         (IV) If an SFRTA train, a FECR train, and an AAF train are
  338  involved in an incident, the allocation of liability among
  339  SFRTA, FECR, and AAF shall be one-third each as to third parties
  340  outside the rail corridor who incur loss, injury, or damage as a
  341  result of the incident.
  342         (V) If an SFRTA train, a FECR train, and any other train
  343  are involved in an incident, the allocation of liability among
  344  SFRTA, FECR, and the other train shall be one-third each as to
  345  third parties outside the rail corridor who incur loss, injury,
  346  or damage as a result of the incident.
  347         (VI) If an SFRTA train, an AAF train, and any other train
  348  are involved in an incident, the allocation of liability among
  349  SFRTA, AAF, and the other train shall be one-third each as to
  350  third parties outside the rail corridor who incur loss, injury,
  351  or damage as a result of the incident.
  352         i. Notwithstanding anything to the contrary set forth in
  353  this paragraph, SFRTA is not obligated to indemnify FECR and AAF
  354  for any amount in excess of the insurance coverage limit.
  355  Whether or not SFRTA maintains the insurance coverage required
  356  pursuant to paragraph (b) to cover the indemnification
  357  obligations of this paragraph, SFRTA shall remain responsible
  358  for the indemnification obligations set forth in this paragraph
  359  up to the insurance coverage limit.
  360         j. If the non-SFRTA commuter rail service is provided by an
  361  entity under contract with AAF, SFRTA may elect, at its sole
  362  discretion, to provide the same insurance coverage and to
  363  indemnify and hold harmless any non-SFRTA commuter rail service
  364  operator to the same extent that it provides such insurance or
  365  indemnification to AAF pursuant to this section.
  366         (b) To purchase railroad liability insurance of $295
  367  million per occurrence, which amount shall be adjusted in
  368  accordance with applicable law up to the insurance coverage
  369  limit, with a $5 million self-insurance retention account that
  370  shall be composed of and defined as the “SFRTA insurance
  371  program.” The SFRTA insurance program may, at SFRTA’s sole
  372  discretion, cover the obligations described in this section or
  373  any other service operated by SFRTA on a rail corridor. Because
  374  the self-insurance retention account is a part of the SFRTA
  375  insurance program, all definitions, terms, conditions,
  376  restrictions, exclusions, obligations, and duties included in
  377  any and all of the policies of insurance procured by SFRTA for
  378  the SFRTA insurance program shall apply to the self-insurance
  379  retention account and its application to claims against the
  380  applicable insureds. SFRTA shall name FECR and AAF as insureds
  381  on any policies it procures pursuant to this section at no cost
  382  to AAF and FECR and ensure that all policies shall have a waiver
  383  of exclusion for punitive damages and coverage for claims made
  384  pursuant to the Federal Employers Liability Act, 45 U.S.C. s. 51
  385  et seq. Such policies must also include terrorism coverage,
  386  pollution coverage, including, but not limited to, coverage
  387  applicable in the event of a railroad accident, a derailment, or
  388  an overturn, and evacuation expense coverage.
  389         Section 2. Subsection (4) of section 343.58, Florida
  390  Statutes, is amended to read:
  391         343.58 County funding for the South Florida Regional
  392  Transportation Authority.—
  393         (4) Notwithstanding any other provision of law to the
  394  contrary and effective July 1, 2010, until as provided in
  395  paragraph (d), the department shall transfer annually from the
  396  State Transportation Trust Fund to the South Florida Regional
  397  Transportation Authority, in quarterly payments commencing at
  398  the start of each fiscal year, the amounts specified in
  399  subparagraph (a)1. or subparagraph (a)2.
  400         (a)1. If the authority becomes responsible for maintaining
  401  and dispatching the South Florida Rail Corridor:
  402         a. $15 million from the State Transportation Trust Fund to
  403  the South Florida Regional Transportation Authority for
  404  operations, maintenance, and dispatch; and
  405         b. An amount no less than the work program commitments
  406  equal to $27.1 million for fiscal year 2010-2011, as of July 1,
  407  2009, for operating assistance to the authority and corridor
  408  track maintenance and contract maintenance for the South Florida
  409  Rail Corridor.
  410         2. If the authority does not become responsible for
  411  maintaining and dispatching the South Florida Rail Corridor:
  412         a. $13.3 million from the State Transportation Trust Fund
  413  to the South Florida Regional Transportation Authority for
  414  operations; and
  415         b. An amount no less than the work program commitments
  416  equal to $17.3 million for fiscal year 2010-2011, as of July 1,
  417  2009, for operating assistance to the authority.
  418         (b) Funding required by this subsection may not be provided
  419  from the funds dedicated to the Florida Rail Enterprise pursuant
  420  to s. 201.15(4)(a)4.
  421         (c)1. Funds provided to the authority by the department
  422  under this subsection may not be committed by the authority
  423  without the approval of the department, which may not be
  424  unreasonably withheld. At least 90 days before advertising any
  425  procurement or renewing any existing contract that will rely on
  426  state funds for payment, the authority shall notify the
  427  department of the proposed procurement or renewal and the
  428  proposed terms thereof. If the department, within 60 days after
  429  receipt of notice, objects in writing to the proposed
  430  procurement or renewal, specifying its reasons for objection,
  431  the authority may not proceed with the proposed procurement or
  432  renewal. Failure of the department to object in writing within
  433  60 days after notice shall be deemed consent. This requirement
  434  does not impair or cause the authority to cancel contracts that
  435  exist as of June 30, 2012.
  436         2. To enable the department to evaluate the authority’s
  437  proposed uses of state funds, the authority shall annually
  438  provide the department with its proposed budget for the
  439  following authority fiscal year and shall provide the department
  440  with any additional documentation or information required by the
  441  department for its evaluation of the proposed uses of the state
  442  funds.
  443         (d) Funding required by this subsection shall cease upon
  444  commencement of an alternate dedicated local funding source
  445  sufficient for the authority to meet its responsibilities for
  446  operating, maintaining, and dispatching the South Florida Rail
  447  Corridor. The authority and the department shall cooperate in
  448  the effort to identify and implement such an alternate dedicated
  449  local funding source before July 1, 2019. Upon commencement of
  450  the alternate dedicated local funding source, the department
  451  shall convey to the authority a perpetual commuter rail easement
  452  in the South Florida Rail Corridor and all of the department’s
  453  right, title, and interest in rolling stock, equipment, tracks,
  454  and other personal property owned and used by the department for
  455  the operation and maintenance of the commuter rail operations in
  456  the South Florida Rail Corridor.
  457         Section 3. Paragraph (d) is added to subsection (17) of
  458  section 341.302, Florida Statutes, to read:
  459         341.302 Rail program; duties and responsibilities of the
  460  department.—The department, in conjunction with other
  461  governmental entities, including the rail enterprise and the
  462  private sector, shall develop and implement a rail program of
  463  statewide application designed to ensure the proper maintenance,
  464  safety, revitalization, and expansion of the rail system to
  465  assure its continued and increased availability to respond to
  466  statewide mobility needs. Within the resources provided pursuant
  467  to chapter 216, and as authorized under federal law, the
  468  department shall:
  469         (17) In conjunction with the acquisition, ownership,
  470  construction, operation, maintenance, and management of a rail
  471  corridor, have the authority to:
  472         (d) Without altering any of the rights granted to the
  473  department under this section, agree to assume the obligations
  474  to indemnify and insure, pursuant to s. 343.545, freight rail
  475  service, intercity passenger rail service, and commuter rail
  476  service on a department-owned rail corridor, whether ownership
  477  is in fee or by easement, or on a rail corridor where the
  478  department has the right to operate.
  479  
  480  Neither the assumption by contract to protect, defend,
  481  indemnify, and hold harmless; the purchase of insurance; nor the
  482  establishment of a self-insurance retention fund shall be deemed
  483  to be a waiver of any defense of sovereign immunity for torts
  484  nor deemed to increase the limits of the department’s or the
  485  governmental entity’s liability for torts as provided in s.
  486  768.28. The requirements of s. 287.022(1) shall not apply to the
  487  purchase of any insurance under this subsection. The provisions
  488  of this subsection shall apply and inure fully as to any other
  489  governmental entity providing commuter rail service and
  490  constructing, operating, maintaining, or managing a rail
  491  corridor on publicly owned right-of-way under contract by the
  492  governmental entity with the department or a governmental entity
  493  designated by the department. Notwithstanding any law to the
  494  contrary, procurement for the construction, operation,
  495  maintenance, and management of any rail corridor described in
  496  this subsection, whether by the department, a governmental
  497  entity under contract with the department, or a governmental
  498  entity designated by the department, shall be pursuant to s.
  499  287.057 and shall include, but not be limited to, criteria for
  500  the consideration of qualifications, technical aspects of the
  501  proposal, and price. Further, any such contract for design-build
  502  shall be procured pursuant to the criteria in s. 337.11(7).
  503         Section 4. This act shall take effect July 1, 2017.