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.