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.