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Bill > S0916


FL S0916

Indemnification of Commuter Rail Transportation Providers


summary

Introduced
02/19/2025
In Committee
02/28/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An act relating to indemnification of commuter rail transportation providers; creating part III of ch. 343, F.S., entitled “Coastal Link Commuter Rail Service”; creating s. 343.711, F.S.; providing a short title; creating s. 343.712, F.S.; defining terms; authorizing an agency to assume the obligation to protect, defend, indemnify, and hold harmless certain entities from and against certain liabilities, costs, and expenses in certain circumstances; prohibiting such assumption of liability from exceeding certain parameters of allocation of risk; requiring that a contractual duty to protect, defend, indemnify, and hold harmless certain entities with respect to claims by rail passengers include a specific limitation on the amount of such duty; requiring the adjustment of such amount in certain circumstances; providing that an employee of an operator is not a coastal link corridor invitee of such operator in certain circumstances; specifying the circumstances under which certain passengers are coastal link corridor invitees of certain operators; requiring that the allocation of liability between certain agencies be allocated as agreed and limited by certain provisions; authorizing an agency to purchase liability insurance up to a specified amount; requiring the adjustment of such amount in certain circumstances; authorizing an agency to establish a self-insurance retention fund for a specified purpose; providing construction; providing requirements for such fund; providing an effective date.

AI Summary

This bill creates a new legal framework for the Coastal Link Commuter Rail Service in Florida, specifically addressing liability and indemnification for rail transportation providers. The legislation establishes detailed provisions for how state agencies, Brightline (a private rail operator), and Florida East Coast Railway can share and manage risk when operating commuter and intercity rail services along the coastal corridor in Miami-Dade, Broward, and Palm Beach Counties. Key provisions include allowing agencies to assume contractual obligations to protect and indemnify rail operators, with specific limits on liability, such as a $5 million self-insurance retention amount and a maximum indemnification of $323 million per occurrence. The bill comprehensively defines terms like "coastal link corridor," "passengers," and "operators," and sets out complex rules for allocating responsibility in various accident scenarios, including incidents involving multiple rail operators, trespassers, or at-grade crossings. The legislation also specifies that purchasing insurance or establishing a self-insurance fund does not waive sovereign immunity for agencies. Notably, the bill takes effect on July 1, 2025, providing time for rail operators and agencies to prepare for the new legal framework.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Other Sponsors (1)

Transportation (S)

Last Action

Laid on Table, refer to CS/HB 867 (on 04/24/2025)

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