The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 916
INTRODUCER: Transportation Committee and Senator Rodriguez
SUBJECT: Indemnification of Commuter Rail Transportation Providers
DATE: April 16, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Fav/CS
2. Collazo Cibula JU Favorable
3. Johnson Siples FP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 916 creates the Coastal Link Commuter Rail Service Act and establishes parameters
related to the indemnification of, and insurance related to, agencies providing commuter rail
service on the corridor.
The bill:
• Defines relevant terms.
• Names Brightline, the Florida East Coast Railway (FECR), the South Florida Regional
Transportation Authority (SFRTA), and “agencies” as parties operating rail service on the
coastal link corridor.
• Authorizes agencies to assume certain obligations regarding rail liability on the coastal link
corridor, subject to specified limitations.
• Limits agencies’ assumptions of liability.
• Provides an insurance coverage limit of $323 million per occurrence, which must be
adjusted, without prior legislative approval, in accordance with federal law.
• Requires agencies to establish a self-insurance retention amount of $5 million.
• Provides for the allocation of liability on the rail corridor under various scenarios.
• Provides that the assumption of liability, the purchase of insurance, or the establishment of a
self-insurance retention fund is not a waiver of sovereign immunity, nor does it increase an
agency’s limits on liability under sovereign immunity.
• Provides that FECR and Brightline are not entitled to sovereign immunity.
REVISED: BILL: CS/SB 916 Page 2
An agency associated with the coastal link corridor may incur costs associated with the purchase
of liability insurance and the establishment of a self-insurance retention fund. See Section V.,
Fiscal Impact Statement for details.
The bill takes effect July 1, 2025.
II. Present Situation:
Rail Service in Florida
The Florida Department of Transportation (FDOT), in conjunction with other governmental
entities, is required to develop and implement a rail program of statewide application. The rail
program must be designed to ensure the rail system’s proper maintenance, safety, revitalization,
and expansion. The rail program must also assure the rail system’s continued and increased
availability and respond to statewide mobility needs. Among other things, FDOT must also:
• Provide the overall leadership, coordination, and financial and technical assistance necessary
to assure effective responses by the state’s rail system to current and anticipated mobility
needs.
• Promote and facilitate the implementation of advanced rail systems, including high-speed rail
and magnetic levitation systems.
• Develop and periodically update the rail system plan, based on an analysis of statewide
transportation needs.
1
Most of Florida’s rail mileage is owned by private freight railroad companies. Roughly 60
percent of this rail mileage is owned by CSX Transportation, Inc. (CSX), and Florida East Coast
Railway (FECR). The remaining rail mileage is owned by Norfolk Southern Railway, short line
railroads, and the state.
2
In 1988, FDOT and CSX entered into an agreement whereby FDOT purchased approximately 81
miles of CSX track and right-of-way
3
in order to operate commuter rail in South Florida.
4
The
commuter rail system, known as Tri-Rail, operates in Miami-Dade, Broward, and Palm Beach
counties.
5
1
Section 341.302, F.S.
2
Florida Department of Transportation (FDOT), Florida Rail System Plan, Executive Summary, 3 (Nov. 2023), available at
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/rail/plans/rail/rail-system-plan-2023/rsp-october-
version/fdot_rsp_ch-1_ada-(nov).pdf?sfvrsn=606135b_4 [hereinafter “Florida Rail System Plan”].
3
This is commonly known as the South Florida Rail Corridor. FDOT, 2006 Florida Freight & Passenger Rail Plan, 2-1 n. 1
(Feb. 2007), available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/rail/publications/plans/
rail/06visionplan/flrail06.pdf?sfvrsn=ce111160_0.
4
Id. at 5-34.
5
South Florida Regional Transportation Authority, Tri-Rail System Map, https://www.tri-rail.com/ (last visited March 22,
2025). BILL: CS/SB 916 Page 3
In November 2011, FDOT acquired the Central Florida Rail Corridor from CSX to provide
commuter rail service on that corridor, known as SunRail. SunRail operates in Volusia,
Seminole, Orange, and Osceola counties.
6
Brightline
Brightline Trains Florida (Brightline) is the only privately-owned and operated intercity railroad
in the U.S.
7
Brightline operates intercity passenger rail service on a 235-mile corridor between
Miami and Orlando.
8
Brightline is planning a further extension from Orlando to Tampa.
9
As of
July 2024, Brightline offers 16 daily round trips between Miami and the Orlando International
Airport, with stops in West Palm Beach, Boca Raton, Fort Lauderdale, and Aventura.
10
Florida East Coast Railway
Florida East Coast Railway (FECR) is a regional railroad owning the 351-mile mainline track
between Jacksonville and Miami. In Jacksonville, the railway connects to the national railway
system, allowing FECR to provide rail service to and from Georgia, Tennessee, South Carolina,
and North Carolina. FECR is the exclusive rail provider for PortMiami, Port Everglades, and
Port of Palm Beach.
11
Florida Rail Liability Provisions
Florida law authorizes FDOT to implement a statewide rail program.
12
If an accident occurs in an
FDOT-owned rail corridor, FDOT may assume certain detailed obligations in connection with
the specific parties involved.
13
These provisions relate to FDOT trains, the National Railroad
Passenger Corporation (AMTRAK) trains, and freight trains. FDOT may assume the obligations
to indemnify and insure
14
freight rail service, intercity passenger rail service, and commuter rail
service on FDOT-owned rail corridors, whether ownership is held in fee or by easement, or on a
rail corridor where FDOT has the right to operate.
15
Florida law caps FDOT’s duty to indemnify a freight rail operator or Amtrak at $200 million.
16
FDOT is required to purchase up to $200 million in liability insurance and establish a self-
insurance retention fund to cover any deductible, provided that any parties covered under the
6
SunRail, Transit Asset Management Plan, s. 1.1 (May 2023), available at https://www.r2ctpo.org/wp-content/uploads/
SunRail-TAM-Plan-R2_2023.pdf [hereinafter “Transit Asset Management Plan”]; SunRail, About SunRail,
https://sunrail.com/agency-information/about-sunrail/ (last visited March 22, 2025).
7
Brightline, About Us, https://www.gobrightline.com/about (last visited March 22, 2025).
8
Florida Rail System Plan, supra note 2, at 5.
9
Id. at 6.
10
Megan Dubois, Taking the Brightline Train from Orlando to Boca Raton: Here's What It's Like, Condé Nast Traveler (Jul.
18, 2024), https://www.cntraveler.com/story/brightline-train-orlando-to-boca-raton.
11
Florida East Coast Railway, Who We Are, https://fecrwy.com/ (last visited March 22, 2025).
12
Section 341.302, F.S.
13
Section 341.302(17), F.S.
14
See s. 343.545, F.S. (authorizing the South Florida Reginal Transportation Authority to indemnify and insure in connection
with these services).
15
Section 341.302(17)(d), F.S.
16
Section 341.302(17)(a)6., F.S. BILL: CS/SB 916 Page 4
insurance must pay a reasonable monetary contribution to cover the cost of the insurance.
17
The
self-insurance retention fund or insurance deductible is capped at $10 million.
18
Neither the
purchase of insurance nor the establishment of a self-insurance retention fund constitutes a
waiver of sovereign immunity.
19
This indemnification relates to FDOT’s acquisition of the Central Florida Rail Corridor from
CSX for the purpose of SunRail operations.
20
In 2017, the South Florida Regional Transportation
Authority (SFRTA) received similar indemnification for Tri-Rail, with a railroad liability
insurance having a limit of $295 million per occurrence, which amount is adjusted in accordance
with applicable law, and a self-insurance retention fund of $5 million.
21
Sovereign Immunity
Sovereign immunity is a principle under which a government cannot be sued without its
consent.
22
Article X, section 13 of the Florida Constitution allows the Legislature to waive this
immunity. In accordance with that provision, Florida law allows for suits in tort against the state
and its agencies and subdivisions for damages resulting from the negligence of government
employees acting within the scope of employment.
23
This liability exists only where a private
person would be liable for the same conduct. The waiver of sovereign immunity in s. 768.28,
F.S., applies only to “injury or loss of property, personal injury, or death caused by the negligent
or wrongful act or omission of any employee of the agency or subdivision while acting within
the scope of the employee’s office or employment.”
24
Section 768.28(5), F.S., caps tort recovery from a governmental entity at $200,000 per person
and $300,000 per incident.
25
Although a court may enter an excess judgment, a claimant may not
collect more than the caps allow, absent a claim bill passed by the Legislature.
26
Individual government employees, officers, or agents are immune from suit or liability for
damages caused by any action taken in the scope of employment, unless the damages result from
the employee’s acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and
willful disregard for human rights, safety, or property.
27
A governmental entity is not liable for
any damages resulting from actions by an employee outside the scope of his or her employment
and is not liable for damages resulting from actions committed by the employee in bad faith,
17
Id.
18
Section 341.302(17)(b), F.S.
19
Section 341.302(17), F.S.
20
Transit Asset Management Plan, supra note 6, s. 1.1.
21
Chapter 2017-138, s. 1, L.O.F. (codifying s. 343.545, F.S.).
22
Cornell Law School, Legal Information Institute, Sovereign Immunity, https://www.law.cornell.edu/wex/sovereign_
immunity (last visited March 22, 2025).
23
Section 768.28(1), F.S.
24
City of Pembroke Pines v. Corrections Corp. of America, Inc., 274 So. 3d 1105, 1112 (Fla. 4
th
DCA 2019) (quoting, with
emphases omitted, s. 768.28(1), F.S.).
25
Section 768.28(5), F.S.
26
Breaux v. City of Miami Beach, 899 So. 2d 1059, 1061 n. 2 (Fla. 2005).
27
Section 768.28(9), F.S. BILL: CS/SB 916 Page 5
with malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights,
safety, or property.
28
Federal Limitation on Rail Passenger Transportation Liability
If a claim for damages or liability arises from, or in connection with, the provision of rail
passenger transportation, federal law provides a monetary cap on awards to all rail passengers.
Under federal law, the aggregate allowable award to all rail passengers, against all defendants,
for all claims, including punitive damages, arising from a single accident or incident may not
exceed $200,000,000.
29
In 2021, this cap was adjusted in accordance with inflation to
$322,864,228.
30
Coastal Link Commuter Rail Service
Since 2021, FDOT and Broward County Transit have been evaluating the implementation of
commuter rail along the FECR corridor from Aventura in Miami-Dade County into Broward
County. This evaluation is a direct result of a previous study known as the “Coastal Link” that
evaluated 85 miles of commuter rail in Miami-Dade, Broward, and Palm Beach counties.
31
In August 2022, the Broward County Commission adopted a Locally Preferred Alternative for
Broward Commuter Rail South (BCR South) to extend commuter rail service on the FECR
corridor from Aventura north to Fort Lauderdale. The Broward County Commission directed its
staff to pursue federal and state grant funding to support the project, and to coordinate, as
appropriate, with other organizations in seeking grant funding.
32
In December 2022, the Federal Transit Administration (FTA) announced that the BCR South
project was accepted into the Project Development phase, making it eligible for federal funding
and allowing funds expended by Broward County Transit to be used towards local match
requirements
.33
In February 2023, the Broward Metropolitan Planning Organization voted to amend its
Metropolitan Transportation Plan to include BCR South as a Priority I project within the fiscally
constrained portion of the plan, with project development funding programmed and approved by
both Broward County and FDOT in 2022.
34
28
Id.
29
49 U.S.C. § 28103.
30
Adjustment to Rail Passenger Transportation Liability Cap, 86 Fed. Reg. 11571 (Feb. 22, 2021) (amending 49 U.S.C. §
28103), available at https://www.federalregister.gov/documents/2021/02/25/2021-03886/adjustment-to-rail-passenger-
transportation-liability-cap.
31
FDOT, Broward Commuter Rail (BCR) South, https://www.fdot.gov/projects/broward-commuter-rail-south/home (last
visited March 22, 2025).
32
Id.
33
FDOT, Broward Commuter Rail South, 2 (Dec. 2023), available at https://fdotwww.blob.core.windows.net/sitefinity/docs/
default-source/projects_browardcommuterrail/bcr-south-faqs-december-2023.pdf?sfvrsn=980dd63d_1; FDOT, About the
Project, https://www.fdot.gov/projects/broward-commuter-rail-south/about-the-project (last visited Mar. 22, 2025).
34
Id. BILL: CS/SB 916 Page 6
Miami-Dade County is also studying the implementation of commuter rail service in the FECR
corridor from Downtown Miami to Aventura, known as the Northeast Corridor. The Northeast
Corridor is in the Project Development phase with the FTA, making it eligible to compete for
federal funding.
35
The Northeast Corridor will establish a new rapid transit route from Miami Central Station in
downtown Miami to West Aventura Station, using the existing railroad corridor shared with
Brightline and freight rail services. The project will use Brightline’s existing stations and add
five additional stations.
36
III. Effect of Proposed Changes:
The bill creates the Coastal Link Commuter Rail Service Act, Part III to ch. 343, F.S., to
establish parameters related to the indemnification of, and insurance related to, commuter rail
transportation providers facilitating commuter rail service on the coastal link corridor.
Under Part III to ch. 343, F.S., the bill creates s. 343.711, F.S., to provide a short title: the
“Coastal Link Commuter Rail Service Act.” The bill also creates s. 343.712, F.S., which
authorizes the indemnification and insurance obligations on the coastal link corridor. These
obligations are similar to what is currently in place for SunRail and Tri-Rail.
Definitions
For purposes of the Act, the bill defines the following terms:
• “Agency” means any state agency, county, municipality, district, authority, or other separate
unit of government created or established by law, which has entered into an agreement with
Brightline, and which authorizes the agency, or a third party selected by the agency, to
operate commuter rail service on the coastal link corridor.
• “Authority” means the South Florida Regional Transportation Authority.
• “Brightline” means Brightline Trains Florida LLC, or its successors or assigns, or any
affiliate that is party to an agreement with an agency in connection with the coastal link
corridor.
37
• “Brightline station” means any intercity passenger rail service station owned and operated by
Brightline in the cities of Miami, Fort Lauderdale, Boca Raton, or West Palm Beach, or near
Aventura, as well as any future station developed by Brightline in connection with its
intercity passenger rail service.
• “Coastal link corridor” means the rail transit system, including the intercity passenger rail
service stations and vehicle maintenance facilities, located on or adjacent to a Brightline or
Florida East Coast Railway corridor in Miami-Dade County, Broward County, or Palm
Beach County.
38
35
Id.
36
Miami-Dade County, Northeast Corridor, https://www.miamidade.gov/global/transportation/smart-plan-northeast-
corridor.page (last visited Mar. 22, 2025).
37
For purposes of Brightline’s status as indemnitee under the bill, the term “Brightline” includes Florida East Coast Dispatch,
LLC, or its successors or assigns.
38
The term ‘coastal link corridor” includes structures essential to railroad operations, including the land, structures,
improvements, rights-of-way, easements, rail lines, rail beds, guideway structures, switches, yards, parking facilities, power BILL: CS/SB 916 Page 7
• “Coastal link corridor invitee” means any person who is on or near the coastal link corridor,
and who is a passenger or is otherwise present on the coastal link corridor at the request of,
pursuant to a contract with, or otherwise for the purpose of doing business with or at the
command of, an operator.
39
• “Coastal link corridor limited covered accident” means a collision directly between the
trains, locomotives, rail cars, or rail equipment of more than one operator on the coastal link
corridor, if the collision is caused by or arising from the willful misconduct of one of the
operators, as adjudicated pursuant to a final and unappealable court order, or if punitive
damages or exemplary damages are awarded due to the conduct of such operator, as
adjudicated pursuant to a final and unappealable court order.
• “Commuter rail service” means the operation of an agency’s trains transporting passengers
and making frequent stops within urban areas and their immediate suburbs along the coastal
link corridor, for the purpose of passenger boarding and alighting, and the nonrevenue
movement of passenger trains for storage, maintenance, or repairs.
40
• “Florida East Coast Railway or FECR” means Florida East Coast Railway, LLC, or its
successors and assigns.
41
• “Intercity passenger rail service” means all passenger service on the rail corridor or coastal
link corridor, as applicable, other than commuter rail service, which is characterized by trains
making less frequent stops along the rail corridor than are made by the commuter rail service.
• “Joint infrastructure” means any portion or segment of the coastal link corridor, except that
the term does not include tracks or infrastructure designated for the exclusive use of an
agency, the authority, Brightline, or FECR, or portions of any Brightline station used by
Brightline, the authority, or an agency, as applicable, including, but not limited to, pedestrian
bridges, stairs, elevators, and escalators.
• “Operator” means Brightline, including any passenger rail operators that access the coastal
link corridor pursuant to a contract with Brightline, other than an agency; FECR, including
Amtrak or any freight rail operators that access the coastal link corridor pursuant to a
contract with FECR; the authority, with respect to its operations contemplated under s.
343.545, F.S.; or an agency.
• “Passenger” means, with respect to intercity passenger rail service or commuter rail service,
any person, ticketed or unticketed, using the intercity passenger rail service or commuter rail
service on the coastal link corridor:
o On board trains, locomotives, rail cars, or rail equipment employed in such intercity
passenger rail service or commuter rail service, or boarding or alighting therefrom;
o On or about the coastal link corridor for any purpose related to such intercity passenger
rail service or commuter rail service, including parking or purchasing tickets, and coming
to, waiting for, and leaving from locomotives, rail cars, or rail equipment; or
relays, switching houses, rail stations, ancillary developments, and any other facilities or equipment used for the purposes of
construction, operation, or maintenance of a railroad that provides rail service.
39
The term “coastal link corridor invitee” does not include patrons at any station, except those patrons who are also the
operator’s passengers; commercial or residential tenants at any station or the developments in and around the stations, or their
invitees; or third parties performing work at a station or in the coastal link corridor, including any utilities or fiber optic
companies.
40
The term “commuter rail service” does not include the operation of trains by Brightline at Brightline stations in connection
with Brightline’s intercity passenger rail service.
41
For purposes of its status as indemnitee, the term “FECR” includes Florida East Coast Dispatch, LLC, or its successors or
assigns. BILL: CS/SB 916 Page 8
o Meeting, assisting, or in the company of any person described above.
• “Proportionate share” means, with respect to any loss, injury, or damage for which operators
share responsibility, a percentage in proportion to the number of operators involved in the
relevant incident. If one or more agencies are jointly operating a commuter rail service, such
agencies are considered a single operator for purposes of computing and assessing the
proportionate share of such loss, injury, or damage.
• “Self-insurance retention amount” means an amount equal to $5 million.
Assumption of Obligations
The bill authorizes any agency, in conjunction with the development or operation of a commuter
rail service on the coastal link corridor, to assume the obligation by contract to protect, defend,
indemnify, and hold harmless, FECR, Brightline, and either entity’s officers, agents, employees,
and successors and assigns from and against:
• Any liability, cost, and expense, regardless of whether the loss, damage, destruction, injury,
or death giving rise to such liability, cost, or expense is caused in whole or in part by the
fault, failure, negligence, misconduct, nonfeasance, or misfeasance of FECR or Brightline,
their successors and assigns, or their officers, agents, and employees, or any other person;
and
• Any loss, injury, or damage incurred by FECR or Brightline, or allocated to FECR or
Brightline, up to $5 million with respect to coastal link corridor limited covered accidents
caused by an agency.
The bill provides that an agency’s assumption of liability by contract, as provided above, may
not exceed the following parameters regarding its allocation of risk:
• An agency may assume sole responsibility for any liability, loss, or expense to its passengers,
or coastal link corridor invitees, third parties, or trespassers, regardless of circumstance or
cause.
• If FECR or Brightline, including either of their officers, agents, employees, or successors and
assigns, causes a limited covered accident, an agency may not protect, defend, and indemnify
FECR or Brightline for any liability, cost, or expense, including punitive or exemplary
damages, in excess of the $5 million self-insurance retention amount unless FECR or
Brightline, agrees, with respect to the limited covered accident, to protect, defend, and
indemnify an agency for the self-insurance retention amount.
Under the bill, if an incident occurs and only an agency train is involved, including an incident
with a trespasser or an at-grade crossing, an agency may agree to be solely responsible for any
loss, injury, or damage.
If an incident occurs and only an authority train is involved, including an incident with a
trespasser or an at-grade crossing, an agency is solely responsible for any loss of, or injury or
damage to, the agency’s property, passengers, and coastal link corridor invitees.
If an incident occurs and only an FECR train is involved, including an incident with a trespasser
or an at-grade crossing, FECR is solely responsible for any loss, injury, or damage, except that:
• An agency is responsible for any loss of, or injury or damage to, the agency’s passengers and
coastal link corridor invitees; and BILL: CS/SB 916 Page 9
• Brightline is responsible for any loss of, or injury or damage to, Brightline’s passengers and
coastal link corridor invitees.
If an incident occurs and only a Brightline train is involved, including an incident with a
trespasser or an at-grade crossing, Brightline is solely responsible for any loss, injury, or damage,
except that:
• An agency is responsible for any loss of, or injury or damage to, the agency’s passengers and
coastal link corridor invitees; and
• FECR is responsible for any loss of, or injury or damage to, FECR’s passengers and coastal
link corridor invitees.
If an incident occurs involving two or more operators, the bill provides that each operator is
responsible for all of the following, subject to the limits provided above:
• Its own property;
• Its own passengers; employees, excluding employees who are, at the time of the incident,
coastal link corridor invitees of another operator; and other coastal link corridor invitees.
• Its proportionate share of any loss or damage to joint infrastructure; and
• Its proportionate share of any loss of, or injury or damage to, coastal link corridor invitees
who are not coastal link corridor invitees of such operator, and trespassers or third parties
outside the coastal link corridor as a result of the incident; however, an agency remains
responsible for its passengers and its coastal link corridor invitees regardless of whether the
agency was involved in the incident.
Under the bill, the contractual duty, individually or jointly with another agency to the extent such
agencies are jointly operating a commuter rail service, to protect, defend, indemnify, and hold
harmless Brightline or FECR with respect to claims by rail passengers must expressly include a
limitation on the amount of the contractual duty, which may not exceed $323 million per
occurrence.
However, this $323 million limitation on liability must be adjusted so that the per occurrence
insurance requirement is equal to the aggregate allowable awards to all rail passengers, against
all defendants, for all claims, including claims for punitive damages, arising from a single
accident or incident in accordance with federal regulations,
42
without the agency receiving prior
legislative approval.
The bill provides that an operator’s employee is not considered to be an operator’s coastal link
corridor invitee if the employee is a passenger or is otherwise present on the coastal link corridor
at the request of, or pursuant to a contract with, or otherwise for the purpose of doing business
with or at the command of, another operator. A passenger transferring from one operator’s
service (original operator), to another operator’s service (connecting operator), is the original
operator’s coastal link corridor invitee until the passenger has left the original operator’s
platform. Once the passenger leaves the original operator’s platform, the passenger is the
connecting operator’s coastal link corridor invitee.
42
49 U.S.C. s. 28103, or any successor provision. BILL: CS/SB 916 Page 10
However, any allocation of liability between an agency and any other agency of the state must be
allocated as agreed to by the agencies and limited by s. 768.28(19), F.S.
43
This does not limit an
agency’s authority to indemnify FECR or Brightline.
Purchase of Insurance
The bill authorizes an agency to purchase, either individually or jointly if operating with another
agency, liability insurance in an amount of up to $323 million per occurrence. However, this
amount must be adjusted so that the per occurrence insurance requirement is equal to the
aggregate allowable awards to all rail passengers, against all defendants, for all claims, including
claims for punitive damages, arising from a single accident or incident in accordance with
federal regulations.
44
The bill authorizes an agency to establish a self-insurance retention fund to pay the deductible
limits established in its insurance policies, including coverage for an agency, a freight rail
operator, Brightline, commuter rail service providers, governmental entities, or any ancillary
development. This self-insurance retention fund or deductible may not exceed $5 million.
The bill authorizes the agency’s insurance and self-insurance retention fund to cover all
damages, including, but not limited to, compensatory, special, and exemplary, and be maintained
to provide an adequate fund to cover claims and liabilities for loss, injury, or damage arising out
of, or connected with, the ownership, operation, maintenance, and management of the coastal
link corridor. Any self-insurance retention fund must be held in a segregated account and is
subject to the same conditions, restrictions, exclusions, obligations, and duties included in any of
the railroad liability insurance policies.
Sovereign Immunity
The bill provides that the assumption by contract to protect, defend, indemnify, and hold
harmless; the purchase of insurance; or the establishment of a self-insurance retention fund is not
a waiver of any defense of sovereign immunity for tort claims and does not increase an agency’s
limits of liability for tort claims under sovereign immunity.
45
The bill provides that unless otherwise specifically provided by law, FECR and Brightline and
their respective officers, agents, and employees may not be construed to be officers, agents,
employees, or subdivisions of the state and are not entitled to sovereign immunity.
Effective Date
The bill takes effect July 1, 2025.
43
Section 768.28(19), F.S., provides that neither the state nor any agency or subdivision of the state waives any defense of
sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship with another agency
or subdivision of the state. It also provides requirements for certain contracts.
44
49 U.S.C. s. 28103, or any successor provision.
45
See s. 768.28, F.S. (codifying sovereign immunity). BILL: CS/SB 916 Page 11
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill authorizes an agency to purchase liability insurance and establish a self-
insurance retention fund of $5 million. The agency will incur costs associated with the
purchase of such insurance and establish a self-insurance retention fund.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill creates the “Coastal Link Commuter Rail Service Act” as part III of ch. 343, F.S.
Chapter 343, F.S., relates to regional transportation.
46
Various other Florida Statutes include
references to authorities created in s. 343, F.S. Based on these provisions, the agency may be:
46
Entities created in ch. 343, F.S., are the South Florida Regional Transportation Authority (part I) and the Center Florida
Regional Transportation Authority (part II). BILL: CS/SB 916 Page 12
• Subject to performance monitoring by the Florida Transportation Commission;
47
• Required to have members of its governing body file Form 6 financial disclosures;
48
• Required to provide fare discounts for disabled veterans;
49
• Eligible for state funding for public transportation projects;
50
• Eligible for certain fixed-guideway transportation funding;
51
and
• Considered a public transit provider for purposes of the Florida Public Transit Act.
52
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 343.711 and 343.712.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation on March 19, 2025:
• Removes the word “Act” from the name of the part of the statute chapter created in
the bill.
• Removes the word “county” and changes a reference from “self-insured” to “self-
insurance.”
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
47
Section 20.23(2)(b)8., F.S.
48
Section 112.3144(1)(b), F.S. These are the more detailed financial disclosures filed by certain elected officials.
49
Section 163.58, F.S.
50
Section 206.46(3), F.S.
51
Section 215.615, F.S.
52
Section 341.031(1), F.S. The Florida Public Transit Act is codified in ss. 341.011-341.061, F.S.