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.