Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 842
       
       
       
       
       
                               Ì326920ÇÎ326920                          
       
       576-03800-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    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. 343.52, F.S.; defining the
   10         term “department”; amending s. 343.53, F.S.;
   11         conforming a cross-reference; amending s. 343.54,
   12         F.S.; prohibiting the South Florida Regional
   13         Transportation Authority from entering into,
   14         extending, or renewing certain contracts or agreements
   15         without the Department of Transportation’s approval of
   16         the authority’s expenditures; amending s. 343.58,
   17         F.S.; providing that certain funds constitute state
   18         financial assistance for specified purposes; requiring
   19         that certain funds be paid pursuant to a written
   20         agreement between the department and the authority;
   21         providing certain required terms for the written
   22         agreement between the department and the authority;
   23         authorizing the department to advance the authority
   24         certain funding, subject to certain requirements;
   25         requiring the authority to promptly provide the
   26         department with any additional documentation or
   27         information required by the department for its
   28         evaluation of the proposed uses of certain state
   29         funds; amending s. 341.302, F.S.; authorizing the
   30         department to agree to assume certain indemnification
   31         and insurance obligations under certain circumstances;
   32         providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 343.545, Florida Statutes, is created to
   37  read:
   38         343.545 Power to assume indemnification and insurance
   39  obligations; definitions.—
   40         (1) As used in this section, the term:
   41         (a) “All Aboard Florida” or “AAF” means All Aboard Florida
   42  Operations, LLC, or its successors and assigns.
   43         (b) “AAF intercity rail passenger” means any person,
   44  ticketed or unticketed, using the AAF intercity passenger rail
   45  service on the rail corridor:
   46         1. On board trains, locomotives, rail cars, or rail
   47  equipment employed in AAF intercity passenger rail service or
   48  entraining thereon and detraining therefrom;
   49         2. On or about the rail corridor for any purpose related to
   50  the AAF intercity passenger rail service, including parking or
   51  purchasing tickets therefor and coming to, waiting for, and
   52  leaving from locomotives, rail cars, or rail equipment; or
   53         3. Meeting, assisting, or in the company of any person
   54  described in subparagraph 1. or subparagraph 2.
   55         (c) “AAF rail corridor invitee” means any rail corridor
   56  invitee who is an AAF intercity rail passenger or is otherwise
   57  present on the rail corridor at the request of, pursuant to a
   58  contract with, or otherwise for the purpose of doing business
   59  with or at the behest of AAF, including persons who are vendors
   60  or employees of vendors at the MiamiCentral station or any other
   61  station that AAF may construct on the rail corridor. The term
   62  does not include patrons at any station, except those patrons
   63  who are also AAF’s intercity rail passengers; commercial or
   64  residential tenants of the developments in and around the
   65  stations or their invitees; or any third parties performing work
   66  at a station or in the rail corridor, such as employees and
   67  invitees of PI or related entities, utilities, and fiber optic
   68  companies, or invitees or employees of the department or any
   69  county or municipality.
   70         (d) “Commuter rail passenger” means any person, ticketed or
   71  unticketed, using the commuter rail service on the rail
   72  corridor:
   73         1. On board trains, locomotives, rail cars, or rail
   74  equipment employed in commuter rail service or entraining
   75  thereon and detraining therefrom;
   76         2. On or about the rail corridor for any purpose related to
   77  the commuter rail service, including parking or purchasing
   78  tickets therefor and coming to, waiting for, and leaving from
   79  locomotives, rail cars, or rail equipment; or
   80         3. Meeting, assisting, or in the company of any person
   81  described in subparagraph 1. or subparagraph 2.
   82         (e) “Commuter rail service” means the operation of the
   83  authority’s trains transporting passengers and making frequent
   84  stops within urban areas and their immediate suburbs along the
   85  rail corridor for the purpose of passengers entraining and
   86  detraining, and including the nonrevenue movement of trains for
   87  storage or maintenance. The term does not include the operation
   88  of trains by AAF transporting passengers in intercity passenger
   89  rail service between passenger rail stations established by AAF
   90  at Miami-Dade, Fort Lauderdale, West Palm Beach, or future
   91  stations, but shall include the provision of non-SFRTA commuter
   92  rail service by AAF or a third party designated by AAF,
   93  including SFRTA.
   94         (f) “Existing IRIS crossing” means the existing, at-grade
   95  railroad crossing between the SFRC and the rail corridor located
   96  in Miami-Dade County.
   97         (g)“Florida East Coast Railway” or “FECR” means Florida
   98  East Coast Railway, LLC, or its successors and assigns.
   99         (h) “FECR rail corridor invitee” means any rail corridor
  100  invitee who is present on the rail corridor at the request of,
  101  pursuant to a contract with, or otherwise for the purpose of
  102  doing business with or at the behest of FECR. The term does not
  103  include patrons at any station; commercial or residential
  104  tenants of the developments in and around the stations or their
  105  invitees; or any third parties performing work at a station or
  106  in the rail corridor, such as employees and invitees of PI or
  107  related entities, utilities, and fiber optic companies or
  108  others, or invitees or employees of the department or any county
  109  or municipality.
  110         (i) “Freight rail service” means any and all uses and
  111  purposes that are ancillary or related to current and future
  112  freight rail operations on, along, over, under, and across the
  113  rail corridor, including operating trains, rail cars, business
  114  cars, locomotives, hi-rail vehicles, and other rail equipment
  115  for the movement of freight in overhead and local service;
  116  interchanging rail cars with other freight railroads; providing
  117  pickups, setoffs, transloading services, or storage in transit;
  118  and any and all other activities that are ancillary or related
  119  to the transportation of freight on or along the rail corridor.
  120         (j) “Intercity passenger rail service” means all passenger
  121  service on the rail corridor other than commuter rail service
  122  and is characterized by trains making less frequent stops along
  123  the rail corridor than the commuter rail service does.
  124         (k) “Joint infrastructure” means any portion or segment of
  125  the rail corridor which does not contain tracks or
  126  infrastructure designated for the exclusive use of the
  127  authority, AAF, or FECR and portions of the MiamiCentral station
  128  used by both AAF and SFRTA, including, but not limited to,
  129  stairs, elevators, and escalators.
  130         (l)“Limited covered accident” means:
  131         1. A collision directly between the trains, locomotives,
  132  rail cars, or rail equipment of SFRTA and FECR only, where the
  133  collision is caused by or arising from the willful misconduct of
  134  FECR or its subsidiaries, agents, licensees, employees,
  135  officers, or directors, as adjudicated pursuant to a final and
  136  unappealable court order, or if punitive damages or exemplary
  137  damages are awarded due to the conduct of FECR or its
  138  subsidiaries, agents, licensees, employees, officers, or
  139  directors, as adjudicated pursuant to a final and unappealable
  140  court order; or
  141         2. A collision directly between the trains, locomotives,
  142  rail cars, or rail equipment of SFRTA and AAF only, if the
  143  collision is caused by or arising from the willful misconduct of
  144  AAF or its subsidiaries, agents, licensees, employees, officers,
  145  or directors, as adjudicated pursuant to a final and
  146  unappealable court order, or if punitive damages or exemplary
  147  damages are awarded due to the conduct of AAF or its
  148  subsidiaries, agents, licensees, employees, officers, or
  149  directors, as adjudicated pursuant to a final and unappealable
  150  court order.
  151         (m) “MiamiCentral” means the primary All Aboard Florida
  152  station located in downtown Miami, which includes exclusive
  153  areas used by the authority for commuter rail service.
  154         (n) “Non-SFRTA commuter rail service” means AAF’s
  155  operation, or an AAF third-party designee’s operation, of trains
  156  in any commuter rail service on the rail corridor which is not
  157  SFRTA’s commuter rail service. The term does not include:
  158         1. Any service operated by the authority between the
  159  MiamiCentral station and any stations in Miami-Dade County,
  160  Broward County, Palm Beach County, or points north on the FECR
  161  rail corridor; and
  162         2. SFRTA’s commuter rail service on the South Florida Rail
  163  Corridor owned by the department.
  164         (o) “Non-SFRTA commuter rail service operator” means the
  165  operator of any non-SFRTA commuter rail service.
  166         (p) “Other train” means a train that is not SFRTA’s train,
  167  FECR’s train, AAF’s train, a train of a non-SFRTA commuter rail
  168  service operator, or a train of any other operator of intercity
  169  rail passenger service and must be treated as a train of the
  170  entity that made the initial request for the train to operate on
  171  the rail corridor.
  172         (q)“Passenger easement” means a permanent, perpetual, and
  173  exclusive easement on, along, over, under, or across the rail
  174  corridor for commuter rail service.
  175         (r) “PI” means FDG Flagler Station II, LLC, which has an
  176  easement on the rail corridor for nonrail uses.
  177         (s)“Rail corridor” means the portion of a linear
  178  contiguous strip of real property which is used for rail service
  179  and owned by FECR or owned or controlled by AAF. The term
  180  applies only when the authority has, by contract, assumed the
  181  obligation to forever protect, defend, indemnify, and hold
  182  harmless FECR, AAF, or their successors, in accordance with
  183  subsection (2), and acquired an easement interest, a lease, a
  184  right to operate, or a right of access. The term includes
  185  structures essential to railroad operations, including the land,
  186  structures, improvements, rights-of-way, easements, rail lines,
  187  rail beds, guideway structures, switches, yards, parking
  188  facilities, power relays, switching houses, rail stations, any
  189  ancillary development, and any other facilities or equipment
  190  used for the purposes of construction, operation, or maintenance
  191  of a railroad that provides rail service.
  192         (t) “Rail corridor invitee” means any person who is on or
  193  about the rail corridor in which the AAF, SFRTA, or the non
  194  SFRTA commuter rail service operator has an easement interest, a
  195  lease, a right to operate, or a right of access, and who is:
  196         1. Present at the behest of an AAF, an SFRTA, a FECR, or
  197  the non-SFRTA commuter rail service operator for any purpose;
  198         2. Otherwise entitled to be on or about the rail corridor;
  199  or
  200         3. Meeting, assisting, or in the company of a person
  201  described in subparagraph 1. or subparagraph 2.
  202         (u) “SFRC” means South Florida Rail Corridor.
  203         (v) “South Florida Regional Transportation Authority” or
  204  “SFRTA” means the authority.
  205         (w) “SFRTA rail corridor invitee” means any rail corridor
  206  invitee who is SFRTA’s commuter rail passenger or is otherwise
  207  present on the rail corridor at the request of, pursuant to a
  208  contract with, for the purpose of doing business with, or at the
  209  behest of SFRTA. The term does not include patrons at any
  210  station, except those patrons who are also SFRTA’s commuter rail
  211  passengers; any person present on the rail corridor who is a
  212  patron of the non-SFRTA commuter rail service or is meeting or
  213  assisting a person who is a patron of the non-SFRTA commuter
  214  rail service; commercial or residential tenants of the
  215  developments in and around the stations or their invitees; or
  216  any third parties performing work at a station or in the rail
  217  corridor, such as employees and invitees of PI or related
  218  entities, utilities, and fiber optic companies or others, or
  219  invitees or employees of the department or any county or
  220  municipality.
  221         (2) The authority, in conjunction with the operation of a
  222  commuter rail service on a rail corridor, has the power to
  223  assume the following obligations:
  224         (a)To indemnify AAF and FECR in accordance with the terms
  225  specified in this paragraph for so long as AAF and FECR or their
  226  successors in interest agree to indemnify the authority in
  227  accordance with the terms specified in this paragraph.
  228         1. Except as specifically provided in this paragraph, the
  229  authority shall protect, defend, indemnify, and hold harmless
  230  FECR, its officers, agents, employees, successors, and assigns
  231  from and against any liability, cost, and expense, including,
  232  but not limited to, SFRTA’s commuter rail passengers and rail
  233  corridor invitees in, on, or about the rail corridor, regardless
  234  of whether the loss, damage, destruction, injury, or death
  235  giving rise to any such liability, cost, or expense is caused in
  236  whole or in part, and to whatever nature or degree, by the
  237  fault, failure, negligence, misconduct, nonfeasance, or
  238  misfeasance of FECR or its officers, agents, employees,
  239  successors, and assigns;
  240         2. Except as specifically provided in this paragraph, the
  241  authority shall protect, defend, indemnify, and hold harmless
  242  AAF and its officers, agents, employees, successors, and assigns
  243  from and against any liability, cost, and expense, including,
  244  but not limited to, SFRTA commuter rail passengers and SFRTA
  245  rail corridor invitees in, on, or about the rail corridor,
  246  regardless of whether the loss, damage, destruction, injury, or
  247  death giving rise to any such liability, cost, or expense is
  248  caused in whole or in part, and to whatever nature or degree, by
  249  the fault, failure, negligence, misconduct, nonfeasance, or
  250  misfeasance of AAF or its officers, agents, employees,
  251  successors, and assigns; or
  252         3. The assumption of liability by the authority may not in
  253  any instance exceed the following parameters of allocation of
  254  risk:
  255         a. The authority shall be solely responsible for any loss,
  256  injury, or damage to SFRTA commuter rail passengers, or to SFRTA
  257  rail corridor invitees or trespassers, other than passengers or
  258  invitees of the non-SFRTA commuter rail service, regardless of
  259  circumstances or cause, subject to the terms and provisions of
  260  this paragraph.
  261         b. FECR shall, with respect to a limited covered accident,
  262  protect, defend, and indemnify SFRTA for the amount of the self
  263  insurance retention account.
  264         c. AAF shall, with respect to a limited covered accident,
  265  protect, defend, and indemnify SFRTA for the amount of the self
  266  insurance retention account.
  267         d. When only one train is involved in an incident,
  268  including incidents with trespassers or at at-grade crossings,
  269  the authority shall be solely responsible for any loss, injury,
  270  or damage if the train is an SFRTA train.
  271         e. When an incident occurs with only FECR’s train involved,
  272  including incidents with trespassers or at at-grade crossings,
  273  FECR shall be solely responsible for any loss, injury, or
  274  damage, except for SFRTA’s commuter rail passengers, SFRTA
  275  employees, and SFRTA rail corridor invitees.
  276         f. When an incident occurs with only AAF’s train involved,
  277  including incidents with trespassers or at at­grade crossings,
  278  AAF shall be solely responsible for any loss, injury, or damage,
  279  except for SFRTA’s commuter rail passengers, SFRTA employees,
  280  and SFRTA rail corridor invitees.
  281         g. For the purposes of this paragraph:
  282         (I) An “other train” shall be treated as the train of the
  283  entity that made the initial request for the train to operate on
  284  the rail corridor.
  285         (II) In an incident involving any other train that is not
  286  an SFRTA train, the other train shall be treated as an SFRTA
  287  train solely for purposes of any allocation of liability
  288  between:
  289         (A) SFRTA and FECR. SFRTA and FECR shall share
  290  responsibility equally as to third parties outside the rail
  291  corridor who incur loss, injury, or damage as a result of any
  292  incident involving both SFRTA’s train and FECR’s train and the
  293  allocation as between SFRTA and FECR, regardless of whether the
  294  other train is treated as an SFRTA train, shall remain one-half
  295  each as to third parties outside the rail corridor who incur
  296  loss, injury, or damage as a result of the incident. The
  297  involvement of any other train shall not alter the sharing of
  298  equal responsibility as to third parties outside the rail
  299  corridor who incur loss, injury, or damage as a result of the
  300  incident.
  301         (B) SFRTA and AAF. SFRTA and AAF shall share responsibility
  302  equally as to third parties outside the rail corridor who incur
  303  loss, injury, or damage as a result of any incident involving
  304  both an SFRTA train and AAF’s train and the allocation as
  305  between SFRTA and AAF, regardless of whether the other train is
  306  treated as an SFRTA train, shall remain one-half each as to
  307  third parties outside the rail corridor who incur loss, injury,
  308  or damage as a result of the incident. The involvement of any
  309  other train shall not alter the sharing of equal responsibility
  310  as to third parties outside the rail corridor who incur loss,
  311  injury, or damage as a result of the incident.
  312         h. When more than one train is involved in an incident:
  313         (I)If only an SFRTA train and a FECR train, or only an
  314  other train that is an SFRTA train by definition and a FECR
  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. FECR shall be
  318  responsible for its property and all of its employees and FECR
  319  rail corridor invitees. SFRTA and FECR shall each share one-half
  320  responsibility as to the joint infrastructure and rail corridor
  321  invitees who are not SFRTA rail corridor invitees or FECR rail
  322  corridor invitees, including, but not limited to, trespassers or
  323  third parties outside the rail corridor who incur loss, injury,
  324  or damage as a result of the incident.
  325         (II) If only an SFRTA train and an AAF train, or only an
  326  other train that is by definition an SFRTA train and an AAF
  327  train, are involved in an incident, SFRTA shall be responsible
  328  for its property, all SFRTA’s commuter rail passengers, SFRTA
  329  employees, and SFRTA rail corridor invitees. AAF shall be
  330  responsible for its property and all of its employees, AAF’s
  331  intercity rail passengers, and AAF rail corridor invitees. SFRTA
  332  and AAF shall each share one-half responsibility as to the joint
  333  infrastructure and rail corridor invitees who are not SFRTA rail
  334  corridor invitees or AAF rail corridor invitees, including, but
  335  not limited to, trespassers or third parties outside the rail
  336  corridor who incur loss, injury, or damage as a result of the
  337  incident.
  338         (III) If a FECR train, an SFRTA train, and an AAF train are
  339  involved in an incident, SFRTA shall be responsible for its
  340  property, all SFRTA’s commuter rail passengers, SFRTA employees,
  341  and SFRTA rail corridor invitees. AAF shall be responsible for
  342  its property and all of its employees, AAF’s intercity rail
  343  passengers, and AAF rail corridor invitees. FECR shall be
  344  responsible for its property and all of its employees and FECR
  345  rail corridor invitees. SFRTA, FECR, and AAF shall each share
  346  one-third responsibility as to the joint infrastructure and rail
  347  corridor invitees who are not SFRTA rail corridor invitees, AAF
  348  rail corridor invitees, or FECR rail corridor invitees,
  349  including, but not limited to, trespassers or third parties
  350  outside the rail corridor who incur loss, injury, or damage as a
  351  result of the incident.
  352         (IV) If an SFRTA train, a FECR train, and an AAF train are
  353  involved in an incident, the allocation of liability among
  354  SFRTA, FECR, and AAF shall be one-third each as to third parties
  355  outside the rail corridor who incur loss, injury, or damage as a
  356  result of the incident.
  357         (V) If an SFRTA train, a FECR train, and any other train
  358  are involved in an incident, the allocation of liability among
  359  SFRTA, FECR, and the other train shall be one-third each as to
  360  third parties outside the rail corridor who incur loss, injury,
  361  or damage as a result of the incident.
  362         (VI) If an SFRTA train, an AAF train, and any other train
  363  are involved in an incident, the allocation of liability among
  364  SFRTA, AAF, and the other train shall be one-third each as to
  365  third parties outside the rail corridor who incur loss, injury,
  366  or damage as a result of the incident.
  367         i. Notwithstanding anything to the contrary set forth in
  368  this paragraph, SFRTA is not obligated to indemnify FECR and AAF
  369  for any amount in excess of the insurance coverage limit.
  370  Whether or not SFRTA maintains the insurance coverage required
  371  pursuant to paragraph (b) to cover the indemnification
  372  obligations of this paragraph, SFRTA shall remain responsible
  373  for the indemnification obligations set forth in this paragraph
  374  up to the insurance coverage limit.
  375         j. If the non-SFRTA commuter rail service is provided by an
  376  entity under contract with AAF, SFRTA may elect, at its sole
  377  discretion, to provide the same insurance coverage and to
  378  indemnify and hold harmless any non-SFRTA commuter rail service
  379  operator to the same extent that it provides such insurance or
  380  indemnification to AAF pursuant to this section.
  381         (b) To purchase railroad liability insurance of $295
  382  million per occurrence, which amount shall be adjusted in
  383  accordance with applicable law up to the insurance coverage
  384  limit, with a $5 million self-insurance retention account that
  385  shall be composed of and defined as the “SFRTA insurance
  386  program.” The SFRTA insurance program may, at SFRTA’s sole
  387  discretion, cover the obligations described in this section or
  388  any other service operated by SFRTA on a rail corridor. Because
  389  the self-insurance retention account is a part of the SFRTA
  390  insurance program, all definitions, terms, conditions,
  391  restrictions, exclusions, obligations, and duties included in
  392  any and all of the policies of insurance procured by SFRTA for
  393  the SFRTA insurance program shall apply to the self-insurance
  394  retention account and its application to claims against the
  395  applicable insureds. SFRTA shall name FECR and AAF as insureds
  396  on any policies it procures pursuant to this section at no cost
  397  to AAF and FECR and ensure that all policies shall have a waiver
  398  of exclusion for punitive damages and coverage for claims made
  399  pursuant to the Federal Employers Liability Act, 45 U.S.C. s. 51
  400  et seq. Such policies must also include terrorism coverage,
  401  pollution coverage, including, but not limited to, coverage
  402  applicable in the event of a railroad accident, a derailment, or
  403  an overturn, and evacuation expense coverage.
  404         Section 2. Section 343.52, Florida Statutes, is reordered
  405  and amended to read:
  406         343.52 Definitions.—As used in this part, the term:
  407         (2)(1) “Authority” means the South Florida Regional
  408  Transportation Authority.
  409         (3)(2) “Board” means the governing body of the authority.
  410         (1)(3) “Area served” means Miami-Dade, Broward, and Palm
  411  Beach Counties. However, this area may be expanded by mutual
  412  consent of the authority and the board of county commissioners
  413  of Monroe County. The authority may not expand into any
  414  additional counties without the department’s prior written
  415  approval.
  416         (4) “Department” means the Department of Transportation.
  417         (8)(4) “Transit system” means a system used for the
  418  transportation of people and goods by means of, without
  419  limitation, a street railway, an elevated railway having a fixed
  420  guideway, a commuter railroad, a subway, motor vehicles, or
  421  motor buses, and includes a complete system of tracks, stations,
  422  and rolling stock necessary to effectuate passenger service to
  423  or from the surrounding regional municipalities.
  424         (7)(5) “Transit facilities” means property, avenues of
  425  access, equipment, or buildings built and installed in Miami
  426  Dade, Broward, and Palm Beach Counties which are required to
  427  support a transit system.
  428         (6) “Member” means the individuals constituting the board.
  429         (5)(7) “Feeder transit services” means a transit system
  430  that transports passengers to or from stations within or across
  431  counties.
  432         Section 3. Paragraph (d) of subsection (2) of section
  433  343.53, Florida Statutes, is amended to read:
  434         343.53 South Florida Regional Transportation Authority.—
  435         (2) The governing board of the authority shall consist of
  436  10 voting members, as follows:
  437         (d) If the authority’s service area is expanded pursuant to
  438  s. 343.54(6) s. 343.54(5), the county containing the new service
  439  area shall have two members appointed to the board as follows:
  440         1. The county commission of the county shall elect a
  441  commissioner as that commission’s representative on the board.
  442  The commissioner must be a member of the county commission when
  443  elected and for the full extent of his or her term.
  444         2. The Governor shall appoint a citizen member to the board
  445  who is not a member of the county commission but who is a
  446  resident and a qualified elector of that county.
  447         Section 4. Present subsections (4) and (5) of section
  448  343.54, Florida Statutes, are renumbered as subsections (5) and
  449  (6), respectively, and a new subsection (4) is added to that
  450  section, to read:
  451         343.54 Powers and duties.—
  452         (4) Notwithstanding any other provision of this part, the
  453  authority may not enter into, extend, or renew any contract or
  454  other agreement that may be funded, in whole or in part, with
  455  funds provided by the department without the prior review and
  456  written approval by the department of the authority’s proposed
  457  expenditures.
  458         Section 5. Paragraph (c) of subsection (4) of section
  459  343.58, Florida Statutes, is amended to read:
  460         343.58 County funding for the South Florida Regional
  461  Transportation Authority.—
  462         (4) Notwithstanding any other provision of law to the
  463  contrary and effective July 1, 2010, until as provided in
  464  paragraph (d), the department shall transfer annually from the
  465  State Transportation Trust Fund to the South Florida Regional
  466  Transportation Authority the amounts specified in subparagraph
  467  (a)1. or subparagraph (a)2.
  468         (c)1. Funds provided to the authority by the department
  469  under this subsection constitute state financial assistance
  470  provided to a nonstate entity to carry out a state project
  471  subject to the provisions of s. 215.97 and s. 215.971. The
  472  department shall provide the funds in accordance with the terms
  473  of a written agreement to be entered into between the authority
  474  and the department which shall provide for department review,
  475  approval and audit of authority expenditure of such funds, and
  476  shall include such other provisions as are required by
  477  applicable law. The department is specifically authorized to
  478  agree to advance the authority one-fourth of the total funding
  479  provided under this subsection for a state fiscal year at the
  480  beginning of each state fiscal year, with monthly payments over
  481  the fiscal year on a reimbursement basis as supported by
  482  invoices and such additional documentation and information as
  483  the department may reasonably require, and a reconciliation of
  484  the advance against remaining invoices in the last quarter of
  485  the fiscal year may not be committed by the authority without
  486  the approval of the department, which may not be unreasonably
  487  withheld. At least 90 days before advertising any procurement or
  488  renewing any existing contract that will rely on state funds for
  489  payment, the authority shall notify the department of the
  490  proposed procurement or renewal and the proposed terms thereof.
  491  If the department, within 60 days after receipt of notice,
  492  objects in writing to the proposed procurement or renewal,
  493  specifying its reasons for objection, the authority may not
  494  proceed with the proposed procurement or renewal. Failure of the
  495  department to object in writing within 60 days after notice
  496  shall be deemed consent. This requirement does not impair or
  497  cause the authority to cancel contracts that exist as of June
  498  30, 2012.
  499         2. To enable the department to evaluate the authority’s
  500  proposed uses of state funds, the authority shall annually
  501  provide the department with its proposed budget for the
  502  following authority fiscal year and shall promptly provide the
  503  department with any additional documentation or information
  504  required by the department for its evaluation of the proposed
  505  uses of the state funds.
  506         Section 6. Paragraph (d) is added to subsection (17) of
  507  section 341.302, Florida Statutes, to read:
  508         341.302 Rail program; duties and responsibilities of the
  509  department.—The department, in conjunction with other
  510  governmental entities, including the rail enterprise and the
  511  private sector, shall develop and implement a rail program of
  512  statewide application designed to ensure the proper maintenance,
  513  safety, revitalization, and expansion of the rail system to
  514  assure its continued and increased availability to respond to
  515  statewide mobility needs. Within the resources provided pursuant
  516  to chapter 216, and as authorized under federal law, the
  517  department shall:
  518         (17) In conjunction with the acquisition, ownership,
  519  construction, operation, maintenance, and management of a rail
  520  corridor, have the authority to:
  521         (d) Without altering any of the rights granted to the
  522  department under this section, agree to assume the obligations
  523  to indemnify and insure, pursuant to s. 343.545, freight rail
  524  service, intercity passenger rail service, and commuter rail
  525  service on a department-owned rail corridor, whether ownership
  526  is in fee or by easement, or on a rail corridor where the
  527  department has the right to operate.
  528  
  529  Neither the assumption by contract to protect, defend,
  530  indemnify, and hold harmless; the purchase of insurance; nor the
  531  establishment of a self-insurance retention fund shall be deemed
  532  to be a waiver of any defense of sovereign immunity for torts
  533  nor deemed to increase the limits of the department’s or the
  534  governmental entity’s liability for torts as provided in s.
  535  768.28. The requirements of s. 287.022(1) shall not apply to the
  536  purchase of any insurance under this subsection. The provisions
  537  of this subsection shall apply and inure fully as to any other
  538  governmental entity providing commuter rail service and
  539  constructing, operating, maintaining, or managing a rail
  540  corridor on publicly owned right-of-way under contract by the
  541  governmental entity with the department or a governmental entity
  542  designated by the department. Notwithstanding any law to the
  543  contrary, procurement for the construction, operation,
  544  maintenance, and management of any rail corridor described in
  545  this subsection, whether by the department, a governmental
  546  entity under contract with the department, or a governmental
  547  entity designated by the department, shall be pursuant to s.
  548  287.057 and shall include, but not be limited to, criteria for
  549  the consideration of qualifications, technical aspects of the
  550  proposal, and price. Further, any such contract for design-build
  551  shall be procured pursuant to the criteria in s. 337.11(7).
  552         Section 7. This act shall take effect July 1, 2017.