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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to indemnification and insurance 2
obligations of commuter rail transportation providers; 3
creating part III of ch. 343, F.S., entitled "Coastal 4
Link Commuter Rail Service Act,"; creating s. 343.811, 5
F.S.; providing a short title; providing definitions; 6
authorizing agencies, in conjunction with the 7
operation of certain commuter rail services, to assume 8
certain indemnification and insurance obligati ons, 9
subject to certain requirements; providing 10
construction; reenacting s. 341.302(17)(d), F.S., 11
relating to the rail program and duties and 12
responsibilities of the Department of Transportation, 13
to incorporate the enactment of part III of ch. 343, 14
F.S., in a reference thereto; providing an effective 15
date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Part III of chapter 343, Florida Statutes, 20
consisting of section 343.811, is created and entitled "Coastal 21
Link Commuter Rail Service Act." 22
Section 2. Section 343.811, Florida Statutes, is created 23
to read: 24
343.811 Power to assume indemnification and insurance 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
obligations.— 26
(1) SHORT TITLE.—This section may be cited as the "Coastal 27
Link Commuter Rail Service Act." 28
(2) DEFINITIONS.—As used in this section, the term: 29
(a) "Agency" means a state, county, municipality, 30
district, authority, or other separate unit of government 31
created or established by law which has entered into an 32
agreement with Brightline, which agreement permits it to operate 33
commuter rail service on the Coastal Link corridor . 34
(b) "Brightline" means Brightline Trains Florida, LLC, or 35
its successors and assigns, or any of its affiliates that is a 36
party to an agreement with an agency in connection with the 37
Coastal Link corridor. For the purposes of its status as an 38
indemnitee, the term "Brightline" includes Florida East Coast 39
Dispatch, LLC, or its successors or assigns. 40
(c) "Coastal Link corridor" means the rail transit system, 41
including the intercity pas senger rail service stations and 42
vehicle maintenance facilities, located on or adjacent to FECR 43
and Brightline rail corridor in Miami -Dade County, Broward 44
County, and Palm Beach County. The term includes structures 45
essential to railroad operations, includi ng land, structures, 46
improvements, rights -of-way, easements, rail lines, rail beds, 47
guideway structures, switches, yards, parking facilities, power 48
relays, switching houses, rail stations, any ancillary 49
development, and any other facilities or equipment us ed for the 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
purposes of construction, operation, or maintenance of a 51
railroad that provides rail service. 52
(d) "Commuter rail service" means the operation of trains 53
transporting passengers and making frequent stops within urban 54
areas and the immediate subu rbs along the rail corridor for the 55
purpose of transporting passengers, including boarding and 56
alighting and the nonrevenue movement of passenger trains for 57
storage, maintenance, or repairs. The term does not include the 58
operation of trains by Brightline t ransporting passengers in 59
intercity passenger rail service between Brightline stations. As 60
used in this paragraph, "Brightline stations" means the 61
Brightline-owned intercity passenger rail service stations in 62
Miami located near Aventura, Fort Lauderdale, B oca Raton, and 63
West Palm Beach, as well as any future stations developed by 64
Brightline in connection with its intercity passenger rail 65
service. 66
(e) "FECR" means Florida East Coast Railway, LLC, or its 67
successors and assigns. For the purposes of its statu s as an 68
indemnitee, the term "FECR" includes Florida East Coast 69
Dispatch, LLC, or its successors and assigns. 70
(f) "Intercity passenger rail service" means all passenger 71
service on the Coastal Link corridor other than commuter rail 72
service and is characte rized by trains making less frequent 73
stops along the Coastal Link corridor than the commuter rail 74
service makes. 75
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(g) "Joint infrastructure" means any portion or segment of 76
the Coastal Link corridor which does not contain tracks or 77
infrastructure designat ed for the exclusive use of an operator. 78
Train stations, including, but not limited to, pedestrian 79
bridges, stairs, or conveyance systems, do not constitute part 80
of the joint infrastructure. 81
(h) "Limited covered accident" means a collision directly 82
between the trains, locomotives, rail cars, or rail equipment of 83
more than one operator on the Coastal Link corridor, where the 84
collision is caused by or arising from the willful misconduct of 85
one of the responsible operators, as adjudicated pursuant to a 86
final and unappealable court order, or if punitive damages or 87
exemplary damages are awarded due to the conduct of the 88
responsible operator, as adjudicated pursuant to a final and 89
unappealable court order. For purposes of this paragraph, 90
"responsible operator" means an operator or its subsidiaries, 91
agents, licensees, employees, officers, or directors which has 92
caused a collision as a result of its willful misconduct. 93
(i) "Operator" means: 94
1. Brightline, including any passenger rail operators that 95
access the Coastal Link corridor pursuant to a contract with 96
Brightline, other than an agency; 97
2. FECR, including Amtrak or any freight rail operators 98
that access the Coastal Link corridor pursuant to a contract 99
with FECR; 100
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3. An agency, including any commuter rail operators that 101
access the Coastal Link corridor pursuant to a contract with an 102
agency; or 103
4. SFRTA, with respect to its operations contemplated 104
under s. 343.545. 105
(j) "Passenger" means, with respect to intercity passenger 106
rail service or commuter rail service, a person, ticketed or 107
unticketed, using the intercity passenger rail service or 108
commuter rail service on the Coastal Link corridor: 109
1. Onboard trains, locomotives, rail cars, or rail 110
equipment employed in such intercity passenger rail servi ce or 111
commuter rail service or boarding or alighting therefrom; 112
2. On or about the Coastal Link corridor for any purpose 113
related to such intercity passenger rail service or commuter 114
rail service, including parking or purchasing tickets therefor 115
and coming to, waiting for, and leaving from locomotives, rail 116
cars, or rail equipment; or 117
3. Meeting, assisting, or in the company of a person 118
described in subparagraph 1. or subparagraph 2. 119
(k) "Proportionate share" means, with respect to a loss, 120
injury, or damage for which operators share responsibility, a 121
percentage in proportion to the number of operators involved in 122
the relevant incident. 123
1. When one or more agencies are jointly operating a 124
commuter rail service, such agencies are considered a single 125
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operator for purposes of computing and assessing the 126
proportionate share of such loss, injury, or damage. 127
2. When two operators are involved in the incident, each 128
is responsible for one -half of such loss, injury, or damage; 129
when three operators are invol ved in the incident, each is 130
responsible for one-third of such loss, injury, or damage, and 131
so on. 132
3. When more than one agency shares responsibility with 133
respect to any loss, injury, or damage, each such agency is 134
considered a separate entity for purpos es of determining its 135
proportionate share. 136
(l) "Rail corridor invitee" means a person who is on or 137
about the Coastal Link corridor who is a passenger or who is 138
otherwise present on the Coastal Link corridor at the request 139
of, pursuant to a contract with , or otherwise for the purpose of 140
doing business with or at the behest of an operator. The term 141
does not include patrons at any station who are not also 142
passengers, commercial or residential tenants at any station or 143
the developments in and around the stat ions or their invitees, 144
or third parties performing work at a station or in the Coastal 145
Link corridor, including any utilities or fiber optic companies. 146
1. A rail corridor invitee of an agency may not be 147
considered a rail corridor invitee of Brightline o r FECR. 148
2. A rail corridor invitee of Brightline or FECR may not 149
be considered a rail corridor invitee of an agency. 150
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3. An employee of an operator is not a rail corridor 151
invitee of such operator at any time the employee is a passenger 152
or is otherwise present on the Coastal Link corridor at the 153
request of, pursuant to a contract with, or otherwise for the 154
purpose of doing business with or at the behest of another 155
operator. 156
4. When a passenger is transferring from the service of 157
one operator to another, the passenger is a rail corridor 158
invitee of the first operator until the passenger has left the 159
first operator's platform, at which time the passenger is then a 160
rail corridor invitee of the other operator. 161
(m) "Self-insurance retention amount" means an amount 162
equal to $5 million. 163
(n) "SFRTA" means the South Florida Regional 164
Transportation Authority. 165
(3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE. —In 166
conjunction with the development or operation of a commuter rail 167
service on the Coastal Link cor ridor, an agency may: 168
(a) Assume obligations pursuant to the following: 169
1.a. The agency may assume the obligation by contract to 170
protect, defend, indemnify, and hold harmless FECR and its 171
officers, agents, and employees from and against: 172
(I) Any liability, cost, and expense, including, but not 173
limited to, the agency's passengers and other rail corridor 174
invitees in, on, or about the Coastal Link corridor, regardless 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of whether the loss, damage, destruction, injury, or death 176
giving rise to any such liab ility, cost, or expense is caused in 177
whole or in part, and to whatever nature or degree, by the 178
fault, failure, negligence, misconduct, nonfeasance, or 179
misfeasance of such freight rail operator, its successors, or 180
its officers, agents, and employees, or an y other person or 181
persons whomsoever. 182
(II) Any loss, injury, or damage incurred by other rail 183
corridor invitees up to the amount of the self -insurance 184
retention amount with respect to limited covered accidents 185
caused by the agency. 186
b. The agency may as sume the obligation by contract to 187
protect, defend, indemnify, and hold harmless Brightline and its 188
officers, agents, and employees from and against: 189
(I) Any liability, cost, and expense, including, but not 190
limited to, the agency's passengers and rail co rridor invitees 191
in the Coastal Link corridor, regardless of whether the loss, 192
damage, destruction, injury, or death giving rise to any such 193
liability, cost, or expense is caused in whole or in part, and 194
to whatever nature or degree, by the fault, failure, negligence, 195
misconduct, nonfeasance, or misfeasance of Brightline, its 196
successors, or its officers, agents, and employees, or any other 197
person or persons whomsoever. 198
(II) Any loss, injury, or damage incurred by other rail 199
corridor invitees up to the amou nt of the self-insurance 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
retention amount with respect to limited covered accidents 201
caused by the agency. 202
2. The assumption of liability of the agency by contract 203
pursuant to sub-subparagraph 1.a. or sub -subparagraph 1.b. may 204
not in any instance exceed the following parameters of 205
allocation of risk: 206
a. The agency may be solely responsible for any loss, 207
injury, or damage to the agency's passengers, or rail corridor 208
invitees, third parties, or trespassers, regardless of 209
circumstances or cause, subject to sub-subparagraph b. and 210
subparagraphs 3., 4., and 5. 211
b.(I) In the event of a limited covered accident caused by 212
FECR, the authority of an agency to protect, defend, and 213
indemnify FECR for all liability, cost, and expense, including 214
punitive or exemplary damages, in excess of the self -insurance 215
retention amount exists only if FECR agrees, with respect to 216
such limited covered accident caused by FECR, to protect, 217
defend, and indemnify the agency for the amount of the self -218
insurance retention amount. 219
(II) In the event of a limited covered accident caused by 220
Brightline, the authority of an agency to protect, defend, and 221
indemnify Brightline for all liability, cost, and expense, 222
including punitive or exemplary damages, in excess of the self -223
insurance retention amount exists only if Brightline agrees, 224
with respect to such limited covered accident, to protect, 225
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defend, and indemnify the agency for the amount of the self -226
insurance retention amount. 227
3. When only one train is involved in an incident and: 228
a. The train is an agency's train, including an incident 229
with trespassers or at -grade crossings, the agency may be solely 230
responsible for any loss, injury, or damage. 231
b. The train is FECR's train, including an incident with 232
trespassers or at-grade crossings, FECR is solely responsible 233
for any loss, injury, or damage, except for the agency's 234
passengers and other rail corridor invitees, which are the 235
responsibility of the agency, and Brightline's passengers and 236
other rail corridor invitees, which are the responsi bility of 237
Brightline. 238
c. The train is Brightline's train, including an incident 239
with trespassers or at -grade crossings, Brightline is solely 240
responsible for any loss, injury, or damage, except for the 241
agency's passengers or rail corridor invitees, which are the 242
responsibility of the agency, and FECR's rail corridor invitees, 243
which are the responsibility of FECR. 244
4. When an incident involves more than one operator, each 245
operator is responsible for: 246
a. Its property; passengers; employees, excluding 247
employees who are, at the time of the incident, rail corridor 248
invitees of another operator; and other rail corridor invitees. 249
b. Its proportionate share of any loss or damage to the 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
joint infrastructure. 251
c. Its proportionate share of any loss, injury, or damage 252
to: 253
(I) Rail corridor invitees who are not rail corridor 254
invitees of operators, provided that the agency shall always be 255
responsible for its passengers and its rail corridor invitees 256
regardless of whether the agency was involved in the incident. 257
(II) Trespassers or third parties outside the Coastal Link 258
corridor as a result of the incident. 259
5. Any such contractual duty to protect, defend, 260
indemnify, and hold harmless FECR or Brightline with respect to 261
claims by rail passengers shall expressly i nclude a specific cap 262
on the amount of the contractual duty, which amount may not 263
exceed $323 million per occurrence and shall be adjusted so that 264
the per-occurrence insurance requirement is equal to the 265
aggregate allowable awards to all rail passengers, a gainst all 266
defendants, for all claims, including claims for punitive 267
damages, arising from a single accident or incident in 268
accordance with 49 U.S.C. s. 28103, or any successor provision, 269
without prior legislative approval. 270
6. Notwithstanding any provisi on of this section to the 271
contrary, the liabilities of the agency to the state or any 272
other agency shall be as set forth in an agreement among such 273
entities and limited by s. 768.28(19). 274
(b) Purchase liability insurance, which amount may not 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
exceed $323 million per occurrence, which amount shall be 276
adjusted so that the per -occurrence insurance requirement is 277
equal to the aggregate allowable awards to all rail passengers, 278
against all defendants, for all claims, including claims for 279
punitive damages, arisin g from a single accident or incident in 280
accordance with 49 U.S.C. s. 28103, or any successor provision, 281
and establish a self -insurance retention fund for the purpose of 282
paying the deductible limit established in the insurance 283
policies it may obtain, includ ing coverage for a county agency, 284
any freight rail operator as described in paragraph (a), 285
Brightline, commuter rail service providers, governmental 286
entities, or any ancillary development, which self -insurance 287
retention fund or deductible shall not exceed the self-insurance 288
retention amount. 289
1. Such insurance and self -insurance retention fund may 290
provide coverage for all damages, including, but not limited to, 291
compensatory, special, and exemplary, and be maintained to 292
provide an adequate fund to cover cla ims and liabilities for 293
loss, injury, or damage arising out of or connected with the 294
ownership, operation, maintenance, and management of the Coastal 295
Link corridor. 296
2. Any self-insured retention account shall be a 297
segregated account of the agency and sha ll be subject to the 298
same conditions, restrictions, exclusions, obligations, and 299
duties included in any and all of the policies of liability 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
insurance purchased under this paragraph. 301
3. Unless otherwise specifically provided by general law, 302
FECR and Brightline, and their respective officers, agents, and 303
employees, are not officers, agents, employees, or subdivisions 304
of the state and are not entitled to sovereign immunity. 305
306
Neither the assumption by contract to protect, defend, 307
indemnify, and hold harmless ; the purchase of insurance; nor the 308
establishment of a self -insurance retention fund shall be deemed 309
to be a waiver of any defense of sovereign immunity for tort 310
claims or deemed to increase the limits of the agency's 311
liability for tort claims as provided in s. 768.28. 312
Section 3. For the purpose of incorporating the enactment 313
of part III of chapter 343, Florida Statutes, in a reference 314
thereto, paragraph (d) of subsection (17) of section 341.302, 315
Florida Statutes, is reenacted to read: 316
341.302 Rail program; duties and responsibilities of the 317
department.—The department, in conjunction with other 318
governmental entities, including the rail enterprise and the 319
private sector, shall develop and implement a rail program of 320
statewide application designed to en sure the proper maintenance, 321
safety, revitalization, and expansion of the rail system to 322
assure its continued and increased availability to respond to 323
statewide mobility needs. Within the resources provided pursuant 324
to chapter 216, and as authorized under federal law, the 325
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department shall: 326
(17) In conjunction with the acquisition, ownership, 327
construction, operation, maintenance, and management of a rail 328
corridor, have the authority to: 329
(d) Without altering any of the rights granted to the 330
department under this section, agree to assume the obligations 331
to indemnify and insure, pursuant to s. 343.545, freight rail 332
service, intercity passenger rail service, and commuter rail 333
service on a department -owned rail corridor, whether ownership 334
is in fee or by easem ent, or on a rail corridor where the 335
department has the right to operate. 336
337
Neither the assumption by contract to protect, defend, 338
indemnify, and hold harmless; the purchase of insurance; nor the 339
establishment of a self -insurance retention fund shall be dee med 340
to be a waiver of any defense of sovereign immunity for torts 341
nor deemed to increase the limits of the department's or the 342
governmental entity's liability for torts as provided in s. 343
768.28. The requirements of s. 287.022(1) shall not apply to the 344
purchase of any insurance under this subsection. The provisions 345
of this subsection shall apply and inure fully as to any other 346
governmental entity providing commuter rail service and 347
constructing, operating, maintaining, or managing a rail 348
corridor on publicly owned right-of-way under contract by the 349
governmental entity with the department or a governmental entity 350
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designated by the department. Notwithstanding any law to the 351
contrary, procurement for the construction, operation, 352
maintenance, and management of an y rail corridor described in 353
this subsection, whether by the department, a governmental 354
entity under contract with the department, or a governmental 355
entity designated by the department, shall be pursuant to s. 356
287.057 and shall include, but not be limited to, criteria for 357
the consideration of qualifications, technical aspects of the 358
proposal, and price. Further, any such contract for design -build 359
shall be procured pursuant to the criteria in s. 337.11(7). 360
Section 4. This act shall take effect July 1, 2025. 361