Florida Senate - 2017                                     SB 842
       
       
        
       By Senator Artiles
       
       40-00370B-17                                           2017842__
    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; prohibiting state funds
   15         provided to the authority under this section from
   16         being considered state financial assistance subject to
   17         specified provisions; amending s. 341.302, F.S.;
   18         authorizing the department to agree to assume certain
   19         indemnification and insurance obligations under
   20         certain circumstances; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 343.545, Florida Statutes, is created to
   25  read:
   26         343.545 Power to assume indemnification and insurance
   27  obligations; definitions.—
   28         (1) As used in this section, the term:
   29         (a) “All Aboard Florida” or “AAF” means All Aboard Florida
   30  Operations, LLC, or its successors and assigns.
   31         (b) “AAF intercity rail passenger” means any person,
   32  ticketed or unticketed, using the AAF intercity passenger rail
   33  service on the rail corridor:
   34         1. On board trains, locomotives, rail cars, or rail
   35  equipment employed in AAF intercity passenger rail service or
   36  entraining thereon and detraining therefrom;
   37         2. On or about the rail corridor for any purpose related to
   38  the AAF intercity passenger rail service, including parking or
   39  purchasing tickets therefor and coming to, waiting for, and
   40  leaving from locomotives, rail cars, or rail equipment; or
   41         3. Meeting, assisting, or in the company of any person
   42  described in subparagraph 1. or subparagraph 2.
   43         (c) “AAF rail corridor invitee” means any rail corridor
   44  invitee who is an AAF intercity rail passenger or is otherwise
   45  present on the rail corridor at the request of, pursuant to a
   46  contract with, or otherwise for the purpose of doing business
   47  with or at the behest of AAF, including persons who are vendors
   48  or employees of vendors at the MiamiCentral station or any other
   49  station that AAF may construct on the rail corridor. The term
   50  does not include patrons at any station, except those patrons
   51  who are also AAF’s intercity rail passengers; commercial or
   52  residential tenants of the developments in and around the
   53  stations or their invitees; or any third parties performing work
   54  at a station or in the rail corridor, such as employees and
   55  invitees of PI or related entities, utilities, and fiber optic
   56  companies, or invitees or employees of the department or any
   57  county or municipality.
   58         (d) “Commuter rail passenger” means any person, ticketed or
   59  unticketed, using the commuter rail service on the rail
   60  corridor:
   61         1. On board trains, locomotives, rail cars, or rail
   62  equipment employed in commuter rail service or entraining
   63  thereon and detraining therefrom;
   64         2. On or about the rail corridor for any purpose related to
   65  the commuter rail service, including parking or purchasing
   66  tickets therefor and coming to, waiting for, and leaving from
   67  locomotives, rail cars, or rail equipment; or
   68         3. Meeting, assisting, or in the company of any person
   69  described in subparagraph 1. or subparagraph 2.
   70         (e) “Commuter rail service” means the operation of the
   71  authority’s trains transporting passengers and making frequent
   72  stops within urban areas and their immediate suburbs along the
   73  rail corridor for the purpose of passengers entraining and
   74  detraining, and including the nonrevenue movement of trains for
   75  storage or maintenance. The term does not include the operation
   76  of trains by AAF transporting passengers in intercity passenger
   77  rail service between passenger rail stations established by AAF
   78  at Miami-Dade, Fort Lauderdale, West Palm Beach, or future
   79  stations, but shall include the provision of non-SFRTA commuter
   80  rail service by AAF or a third party designated by AAF,
   81  including SFRTA.
   82         (f) “Existing IRIS crossing” means the existing, at-grade
   83  railroad crossing between the SFRC and the rail corridor located
   84  in Miami-Dade County.
   85         (g)“Florida East Coast Railway” or “FECR” means Florida
   86  East Coast Railway, LLC, or its successors and assigns.
   87         (h) “FECR rail corridor invitee” means any rail corridor
   88  invitee who is present on the rail corridor at the request of,
   89  pursuant to a contract with, or otherwise for the purpose of
   90  doing business with or at the behest of FECR. The term does not
   91  include patrons at any station; commercial or residential
   92  tenants of the developments in and around the stations or their
   93  invitees; or any third parties performing work at a station or
   94  in the rail corridor, such as employees and invitees of PI or
   95  related entities, utilities, and fiber optic companies or
   96  others, or invitees or employees of the department or any county
   97  or municipality.
   98         (i) “Freight rail service” means any and all uses and
   99  purposes that are ancillary or related to current and future
  100  freight rail operations on, along, over, under, and across the
  101  rail corridor, including operating trains, rail cars, business
  102  cars, locomotives, hi-rail vehicles, and other rail equipment
  103  for the movement of freight in overhead and local service;
  104  interchanging rail cars with other freight railroads; providing
  105  pickups, setoffs, transloading services, or storage in transit;
  106  and any and all other activities that are ancillary or related
  107  to the transportation of freight on or along the rail corridor.
  108         (j) “Intercity passenger rail service” means all passenger
  109  service on the rail corridor other than commuter rail service
  110  and is characterized by trains making less frequent stops along
  111  the rail corridor than the commuter rail service does.
  112         (k) “Joint infrastructure” means any portion or segment of
  113  the rail corridor which does not contain tracks or
  114  infrastructure designated for the exclusive use of the
  115  authority, AAF, or FECR and portions of the MiamiCentral station
  116  used by both AAF and SFRTA, including, but not limited to,
  117  stairs, elevators, and escalators.
  118         (l)“Limited covered accident” means:
  119         1. A collision directly between the trains, locomotives,
  120  rail cars, or rail equipment of SFRTA and FECR only, where the
  121  collision is caused by or arising from the willful misconduct of
  122  FECR or its subsidiaries, agents, licensees, employees,
  123  officers, or directors, as adjudicated pursuant to a final and
  124  unappealable court order, or if punitive damages or exemplary
  125  damages are awarded due to the conduct of FECR or its
  126  subsidiaries, agents, licensees, employees, officers, or
  127  directors, as adjudicated pursuant to a final and unappealable
  128  court order; or
  129         2. A collision directly between the trains, locomotives,
  130  rail cars, or rail equipment of SFRTA and AAF only, if the
  131  collision is caused by or arising from the willful misconduct of
  132  AAF or its subsidiaries, agents, licensees, employees, officers,
  133  or directors, as adjudicated pursuant to a final and
  134  unappealable court order, or if punitive damages or exemplary
  135  damages are awarded due to the conduct of AAF or its
  136  subsidiaries, agents, licensees, employees, officers, or
  137  directors, as adjudicated pursuant to a final and unappealable
  138  court order.
  139         (m) “MiamiCentral” means the primary All Aboard Florida
  140  station located in downtown Miami, which includes exclusive
  141  areas used by the authority for commuter rail service.
  142         (n) “Non-SFRTA commuter rail service” means AAF’s
  143  operation, or an AAF third-party designee’s operation, of trains
  144  in any commuter rail service on the rail corridor which is not
  145  SFRTA’s commuter rail service. The term does not include:
  146         1. Any service operated by the authority between the
  147  MiamiCentral station and any stations in Miami-Dade County,
  148  Broward County, Palm Beach County, or points north on the FECR
  149  rail corridor; and
  150         2. SFRTA’s commuter rail service on the South Florida Rail
  151  Corridor owned by the department.
  152         (o) “Non-SFRTA commuter rail service operator” means the
  153  operator of any non-SFRTA commuter rail service.
  154         (p) “Other train” means a train that is not SFRTA’s train,
  155  FECR’s train, AAF’s train, a train of a non-SFRTA commuter rail
  156  service operator, or a train of any other operator of intercity
  157  rail passenger service and must be treated as a train of the
  158  entity that made the initial request for the train to operate on
  159  the rail corridor.
  160         (q)“Passenger easement” means a permanent, perpetual, and
  161  exclusive easement on, along, over, under, or across the rail
  162  corridor for commuter rail service.
  163         (r) “PI” means FDG Flagler Station II, LLC, which has an
  164  easement on the rail corridor for nonrail uses.
  165         (s)“Rail corridor” means the portion of a linear
  166  contiguous strip of real property which is used for rail service
  167  and owned by FECR or owned or controlled by AAF. The term
  168  applies only when the authority has, by contract, assumed the
  169  obligation to forever protect, defend, indemnify, and hold
  170  harmless FECR, AAF, or their successors, in accordance with
  171  subsection (2), and acquired an easement interest, a lease, a
  172  right to operate, or a right of access. The term includes
  173  structures essential to railroad operations, including the land,
  174  structures, improvements, rights-of-way, easements, rail lines,
  175  rail beds, guideway structures, switches, yards, parking
  176  facilities, power relays, switching houses, rail stations, any
  177  ancillary development, and any other facilities or equipment
  178  used for the purposes of construction, operation, or maintenance
  179  of a railroad that provides rail service.
  180         (t) “Rail corridor invitee” means any person who is on or
  181  about the rail corridor in which the AAF, SFRTA, or the non
  182  SFRTA commuter rail service operator has an easement interest, a
  183  lease, a right to operate, or a right of access, and who is:
  184         1. Present at the behest of an AAF, an SFRTA, a FECR, or
  185  the non-SFRTA commuter rail service operator for any purpose;
  186         2. Otherwise entitled to be on or about the rail corridor;
  187  or
  188         3. Meeting, assisting, or in the company of a person
  189  described in subparagraph 1. or subparagraph 2.
  190         (u) “SFRC” means South Florida Rail Corridor.
  191         (v) “South Florida Regional Transportation Authority” or
  192  “SFRTA” means the authority.
  193         (w) “SFRTA rail corridor invitee” means any rail corridor
  194  invitee who is SFRTA’s commuter rail passenger or is otherwise
  195  present on the rail corridor at the request of, pursuant to a
  196  contract with, for the purpose of doing business with, or at the
  197  behest of SFRTA. The term does not include patrons at any
  198  station, except those patrons who are also SFRTA’s commuter rail
  199  passengers; any person present on the rail corridor who is a
  200  patron of the non-SFRTA commuter rail service or is meeting or
  201  assisting a person who is a patron of the non-SFRTA commuter
  202  rail service; commercial or residential tenants of the
  203  developments in and around the stations or their invitees; or
  204  any third parties performing work at a station or in the rail
  205  corridor, such as employees and invitees of PI or related
  206  entities, utilities, and fiber optic companies or others, or
  207  invitees or employees of the department or any county or
  208  municipality.
  209         (2) The authority, in conjunction with the operation of a
  210  commuter rail service on a rail corridor, has the power to
  211  assume the following obligations:
  212         (a)To indemnify AAF and FECR in accordance with the terms
  213  specified in this paragraph for so long as AAF and FECR or their
  214  successors in interest agree to indemnify the authority in
  215  accordance with the terms specified in this paragraph.
  216         1. Except as specifically provided in this paragraph, the
  217  authority shall protect, defend, indemnify, and hold harmless
  218  FECR, its officers, agents, employees, successors, and assigns
  219  from and against any liability, cost, and expense, including,
  220  but not limited to, SFRTA’s commuter rail passengers and rail
  221  corridor invitees in, on, or about the rail corridor, regardless
  222  of whether the loss, damage, destruction, injury, or death
  223  giving rise to any such liability, cost, or expense is caused in
  224  whole or in part, and to whatever nature or degree, by the
  225  fault, failure, negligence, misconduct, nonfeasance, or
  226  misfeasance of FECR or its officers, agents, employees,
  227  successors, and assigns;
  228         2. Except as specifically provided in this paragraph, the
  229  authority shall protect, defend, indemnify, and hold harmless
  230  AAF and its officers, agents, employees, successors, and assigns
  231  from and against any liability, cost, and expense, including,
  232  but not limited to, SFRTA commuter rail passengers and SFRTA
  233  rail corridor invitees in, on, or about the rail corridor,
  234  regardless of whether the loss, damage, destruction, injury, or
  235  death giving rise to any such liability, cost, or expense is
  236  caused in whole or in part, and to whatever nature or degree, by
  237  the fault, failure, negligence, misconduct, nonfeasance, or
  238  misfeasance of AAF or its officers, agents, employees,
  239  successors, and assigns; or
  240         3. The assumption of liability by the authority may not in
  241  any instance exceed the following parameters of allocation of
  242  risk:
  243         a. The authority shall be solely responsible for any loss,
  244  injury, or damage to SFRTA commuter rail passengers, or to SFRTA
  245  rail corridor invitees or trespassers, other than passengers or
  246  invitees of the non-SFRTA commuter rail service, regardless of
  247  circumstances or cause, subject to the terms and provisions of
  248  this paragraph.
  249         b. FECR 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         c. AAF shall, with respect to a limited covered accident,
  253  protect, defend, and indemnify SFRTA for the amount of the self
  254  insurance retention account.
  255         d. When only one train is involved in an incident,
  256  including incidents with trespassers or at at-grade crossings,
  257  the authority shall be solely responsible for any loss, injury,
  258  or damage if the train is an SFRTA train.
  259         e. When an incident occurs with only FECR’s train involved,
  260  including incidents with trespassers or at at-grade crossings,
  261  FECR shall be solely responsible for any loss, injury, or
  262  damage, except for SFRTA’s commuter rail passengers, SFRTA
  263  employees, and SFRTA rail corridor invitees.
  264         f. When an incident occurs with only AAF’s train involved,
  265  including incidents with trespassers or at at­grade crossings,
  266  AAF shall be solely responsible for any loss, injury, or damage,
  267  except for SFRTA’s commuter rail passengers, SFRTA employees,
  268  and SFRTA rail corridor invitees.
  269         g. For the purposes of this paragraph:
  270         (I) An “other train” shall be treated as the train of the
  271  entity that made the initial request for the train to operate on
  272  the rail corridor.
  273         (II) In an incident involving any other train that is not
  274  an SFRTA train, the other train shall be treated as an SFRTA
  275  train solely for purposes of any allocation of liability
  276  between:
  277         (A) SFRTA and FECR. SFRTA and FECR shall share
  278  responsibility equally as to third parties outside the rail
  279  corridor who incur loss, injury, or damage as a result of any
  280  incident involving both SFRTA’s train and FECR’s train and the
  281  allocation as between SFRTA and FECR, regardless of whether the
  282  other train is treated as an SFRTA train, shall remain one-half
  283  each as to third parties outside the rail corridor who incur
  284  loss, injury, or damage as a result of the incident. The
  285  involvement of any other train shall not alter the sharing of
  286  equal responsibility as to third parties outside the rail
  287  corridor who incur loss, injury, or damage as a result of the
  288  incident.
  289         (B) SFRTA and AAF. SFRTA and AAF shall share responsibility
  290  equally as to third parties outside the rail corridor who incur
  291  loss, injury, or damage as a result of any incident involving
  292  both an SFRTA train and AAF’s train and the allocation as
  293  between SFRTA and AAF, regardless of whether the other train is
  294  treated as an SFRTA train, shall remain one-half each as to
  295  third parties outside the rail corridor who incur loss, injury,
  296  or damage as a result of the incident. The involvement of any
  297  other train shall not alter the sharing of equal responsibility
  298  as to third parties outside the rail corridor who incur loss,
  299  injury, or damage as a result of the incident.
  300         h. When more than one train is involved in an incident:
  301         (I)If only an SFRTA train and a FECR train, or only an
  302  other train that is an SFRTA train by definition and a FECR
  303  train, are involved in an incident, SFRTA shall be responsible
  304  for its property, all SFRTA’s commuter rail passengers, SFRTA
  305  employees, and SFRTA rail corridor invitees. FECR shall be
  306  responsible for its property and all of its employees and FECR
  307  rail corridor invitees. SFRTA and FECR shall each share one-half
  308  responsibility as to the joint infrastructure and rail corridor
  309  invitees who are not SFRTA rail corridor invitees or FECR rail
  310  corridor invitees, including, but not limited to, trespassers or
  311  third parties outside the rail corridor who incur loss, injury,
  312  or damage as a result of the incident.
  313         (II) If only an SFRTA train and an AAF train, or only an
  314  other train that is by definition an SFRTA train and an AAF
  315  train, are involved in an incident, SFRTA shall be responsible
  316  for its property, all SFRTA’s commuter rail passengers, SFRTA
  317  employees, and SFRTA rail corridor invitees. AAF shall be
  318  responsible for its property and all of its employees, AAF’s
  319  intercity rail passengers, and AAF rail corridor invitees. SFRTA
  320  and AAF shall each share one-half responsibility as to the joint
  321  infrastructure and rail corridor invitees who are not SFRTA rail
  322  corridor invitees or AAF rail corridor invitees, including, but
  323  not limited to, trespassers or third parties outside the rail
  324  corridor who incur loss, injury, or damage as a result of the
  325  incident.
  326         (III) If a FECR train, an SFRTA train, and an AAF train are
  327  involved in an incident, SFRTA shall be responsible for its
  328  property, all SFRTA’s commuter rail passengers, SFRTA employees,
  329  and SFRTA rail corridor invitees. AAF shall be responsible for
  330  its property and all of its employees, AAF’s intercity rail
  331  passengers, and AAF rail corridor invitees. FECR shall be
  332  responsible for its property and all of its employees and FECR
  333  rail corridor invitees. SFRTA, FECR, and AAF shall each share
  334  one-third responsibility as to the joint infrastructure and rail
  335  corridor invitees who are not SFRTA rail corridor invitees, AAF
  336  rail corridor invitees, or FECR rail corridor invitees,
  337  including, but not limited to, trespassers or third parties
  338  outside the rail corridor who incur loss, injury, or damage as a
  339  result of the incident.
  340         (IV) If an SFRTA train, a FECR train, and an AAF train are
  341  involved in an incident, the allocation of liability among
  342  SFRTA, FECR, and AAF shall be one-third each as to third parties
  343  outside the rail corridor who incur loss, injury, or damage as a
  344  result of the incident.
  345         (V) If an SFRTA train, a FECR train, and any other train
  346  are involved in an incident, the allocation of liability among
  347  SFRTA, FECR, and the other train shall be one-third each as to
  348  third parties outside the rail corridor who incur loss, injury,
  349  or damage as a result of the incident.
  350         (VI) If an SFRTA train, an AAF train, and any other train
  351  are involved in an incident, the allocation of liability among
  352  SFRTA, AAF, and the other train shall be one-third each as to
  353  third parties outside the rail corridor who incur loss, injury,
  354  or damage as a result of the incident.
  355         i. Notwithstanding anything to the contrary set forth in
  356  this paragraph, SFRTA is not obligated to indemnify FECR and AAF
  357  for any amount in excess of the insurance coverage limit.
  358  Whether or not SFRTA maintains the insurance coverage required
  359  pursuant to paragraph (b) to cover the indemnification
  360  obligations of this paragraph, SFRTA shall remain responsible
  361  for the indemnification obligations set forth in this paragraph
  362  up to the insurance coverage limit.
  363         j. If the non-SFRTA commuter rail service is provided by an
  364  entity under contract with AAF, SFRTA may elect, at its sole
  365  discretion, to provide the same insurance coverage and to
  366  indemnify and hold harmless any non-SFRTA commuter rail service
  367  operator to the same extent that it provides such insurance or
  368  indemnification to AAF pursuant to this section.
  369         (b) To purchase railroad liability insurance of $295
  370  million per occurrence, which amount shall be adjusted in
  371  accordance with applicable law up to the insurance coverage
  372  limit, with a $5 million self-insurance retention account that
  373  shall be composed of and defined as the “SFRTA insurance
  374  program.” The SFRTA insurance program may, at SFRTA’s sole
  375  discretion, cover the obligations described in this section or
  376  any other service operated by SFRTA on a rail corridor. Because
  377  the self-insurance retention account is a part of the SFRTA
  378  insurance program, all definitions, terms, conditions,
  379  restrictions, exclusions, obligations, and duties included in
  380  any and all of the policies of insurance procured by SFRTA for
  381  the SFRTA insurance program shall apply to the self-insurance
  382  retention account and its application to claims against the
  383  applicable insureds. SFRTA shall name FECR and AAF as insureds
  384  on any policies it procures pursuant to this section at no cost
  385  to AAF and FECR and ensure that all policies shall have a waiver
  386  of exclusion for punitive damages and coverage for claims made
  387  pursuant to the Federal Employers Liability Act, 45 U.S.C. s. 51
  388  et seq. Such policies must also include terrorism coverage,
  389  pollution coverage, including, but not limited to, coverage
  390  applicable in the event of a railroad accident, a derailment, or
  391  an overturn, and evacuation expense coverage.
  392         Section 2. Subsection (4) of section 343.58, Florida
  393  Statutes, is amended to read:
  394         343.58 County funding for the South Florida Regional
  395  Transportation Authority.—
  396         (4) Notwithstanding any other provision of law to the
  397  contrary and effective July 1, 2010, until as provided in
  398  paragraph (d), the department shall transfer annually from the
  399  State Transportation Trust Fund to the South Florida Regional
  400  Transportation Authority, in quarterly payments commencing at
  401  the start of each fiscal year, the amounts specified in
  402  subparagraph (a)1. or subparagraph (a)2.
  403         (a)1. If the authority becomes responsible for maintaining
  404  and dispatching the South Florida Rail Corridor:
  405         a. $15 million from the State Transportation Trust Fund to
  406  the South Florida Regional Transportation Authority for
  407  operations, maintenance, and dispatch; and
  408         b. An amount no less than the work program commitments
  409  equal to $27.1 million for fiscal year 2010-2011, as of July 1,
  410  2009, for operating assistance to the authority and corridor
  411  track maintenance and contract maintenance for the South Florida
  412  Rail Corridor.
  413         2. If the authority does not become responsible for
  414  maintaining and dispatching the South Florida Rail Corridor:
  415         a. $13.3 million from the State Transportation Trust Fund
  416  to the South Florida Regional Transportation Authority for
  417  operations; and
  418         b. An amount no less than the work program commitments
  419  equal to $17.3 million for fiscal year 2010-2011, as of July 1,
  420  2009, for operating assistance to the authority.
  421         (b) Funding required by this subsection may not be provided
  422  from the funds dedicated to the Florida Rail Enterprise pursuant
  423  to s. 201.15(4)(a)4.
  424         (c)1. Funds provided to the authority by the department
  425  under this subsection may not be committed by the authority
  426  without the approval of the department, which may not be
  427  unreasonably withheld. At least 90 days before advertising any
  428  procurement or renewing any existing contract that will rely on
  429  state funds for payment, the authority shall notify the
  430  department of the proposed procurement or renewal and the
  431  proposed terms thereof. If the department, within 60 days after
  432  receipt of notice, objects in writing to the proposed
  433  procurement or renewal, specifying its reasons for objection,
  434  the authority may not proceed with the proposed procurement or
  435  renewal. Failure of the department to object in writing within
  436  60 days after notice shall be deemed consent. This requirement
  437  does not impair or cause the authority to cancel contracts that
  438  exist as of June 30, 2012.
  439         2. To enable the department to evaluate the authority’s
  440  proposed uses of state funds, the authority shall annually
  441  provide the department with its proposed budget for the
  442  following authority fiscal year and shall provide the department
  443  with any additional documentation or information required by the
  444  department for its evaluation of the proposed uses of the state
  445  funds.
  446         3. State funds provided to the authority pursuant to this
  447  subsection beginning July 1, 2010, and thereafter may not be
  448  considered state financial assistance subject to s. 215.97 or s.
  449  215.971.
  450         (d) Funding required by this subsection shall cease upon
  451  commencement of an alternate dedicated local funding source
  452  sufficient for the authority to meet its responsibilities for
  453  operating, maintaining, and dispatching the South Florida Rail
  454  Corridor. The authority and the department shall cooperate in
  455  the effort to identify and implement such an alternate dedicated
  456  local funding source before July 1, 2019. Upon commencement of
  457  the alternate dedicated local funding source, the department
  458  shall convey to the authority a perpetual commuter rail easement
  459  in the South Florida Rail Corridor and all of the department’s
  460  right, title, and interest in rolling stock, equipment, tracks,
  461  and other personal property owned and used by the department for
  462  the operation and maintenance of the commuter rail operations in
  463  the South Florida Rail Corridor.
  464         Section 3. Paragraph (d) is added to subsection (17) of
  465  section 341.302, Florida Statutes, to read:
  466         341.302 Rail program; duties and responsibilities of the
  467  department.—The department, in conjunction with other
  468  governmental entities, including the rail enterprise and the
  469  private sector, shall develop and implement a rail program of
  470  statewide application designed to ensure the proper maintenance,
  471  safety, revitalization, and expansion of the rail system to
  472  assure its continued and increased availability to respond to
  473  statewide mobility needs. Within the resources provided pursuant
  474  to chapter 216, and as authorized under federal law, the
  475  department shall:
  476         (17) In conjunction with the acquisition, ownership,
  477  construction, operation, maintenance, and management of a rail
  478  corridor, have the authority to:
  479         (d) Without altering any of the rights granted to the
  480  department under this section, agree to assume the obligations
  481  to indemnify and insure, pursuant to s. 343.545, freight rail
  482  service, intercity passenger rail service, and commuter rail
  483  service on a department-owned rail corridor, whether ownership
  484  is in fee or by easement, or on a rail corridor where the
  485  department has the right to operate.
  486  
  487  Neither the assumption by contract to protect, defend,
  488  indemnify, and hold harmless; the purchase of insurance; nor the
  489  establishment of a self-insurance retention fund shall be deemed
  490  to be a waiver of any defense of sovereign immunity for torts
  491  nor deemed to increase the limits of the department’s or the
  492  governmental entity’s liability for torts as provided in s.
  493  768.28. The requirements of s. 287.022(1) shall not apply to the
  494  purchase of any insurance under this subsection. The provisions
  495  of this subsection shall apply and inure fully as to any other
  496  governmental entity providing commuter rail service and
  497  constructing, operating, maintaining, or managing a rail
  498  corridor on publicly owned right-of-way under contract by the
  499  governmental entity with the department or a governmental entity
  500  designated by the department. Notwithstanding any law to the
  501  contrary, procurement for the construction, operation,
  502  maintenance, and management of any rail corridor described in
  503  this subsection, whether by the department, a governmental
  504  entity under contract with the department, or a governmental
  505  entity designated by the department, shall be pursuant to s.
  506  287.057 and shall include, but not be limited to, criteria for
  507  the consideration of qualifications, technical aspects of the
  508  proposal, and price. Further, any such contract for design-build
  509  shall be procured pursuant to the criteria in s. 337.11(7).
  510         Section 4. This act shall take effect July 1, 2017.