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Senator Alexander moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 3341-3372

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and insert:

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     Section 68.  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.

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     Section 69. Beginning July 1, 2008, notwithstanding any

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other provisions of law, the state, its agencies, and its

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subdivisions waive sovereign immunity for all commuter rail

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systems throughout the state.

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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) 296-298

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and insert:

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deleting a provision that considers certain persons in the

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South Florida Rail Corridor, or any of the employees or

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agents that perform services under contract with the South

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Florida Regional Transportation Authority or the

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Department of Transportation, to be agents of the state;

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providing that the state waives sovereign immunity for all

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commuter rail systems in the state;

4/28/2008  7:16:00 PM     17-08869-08