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Senator Dockery moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 3216-3295

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and insert:

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     (a) Assume the obligation by contract to forever protect,

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defend, indemnify, and hold harmless the freight rail operator,

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or its successors, from whom the department has acquired a real

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property interest in the rail corridor, and the freight rail

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operator's officers, agents, and employees, from and against any

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liability, cost, or expense, including, but not limited to,

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commuter rail passengers, rail corridor invitees, or trespassers

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in the rail corridor, to the extent the loss, damage,

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destruction, injury, or death giving rise to such liability,

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cost, or expense is caused by the fault, failure, negligence,

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misconduct, nonfeasance, or misfeasance of the department, its

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successors, or its agents and employees, if such contractual duty

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to protect, defend, indemnify, and hold harmless such freight

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rail operator expressly includes a specific cap on the amount of

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the contractual duty,

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     Delete line(s) 3187-3189

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and insert:

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     Section 67.  Present subsection (17) of section 341.302,

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Florida Statutes, is redesignated as subsection (20) and new

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subsections (17), (18), and (19) are added to that section, to

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read:

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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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     Delete line(s) 285-289

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and insert:

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requiring a written agreement with the labor unions;

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authorizing the department to contract for certain

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liabilities on a rail corridor and to indemnify and hold

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harmless a railroad company when the department acquires a

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rail corridor from the company; providing a specific cap

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on the amount

4/28/2008  4:31:00 PM     15-08844-08