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The Committee on Transportation and Economic Development

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Appropriations (Webster) recommended the following amendment to

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amendment (582890):

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     Senate Amendment (with title amendment)

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     Delete line(s) 280 - 337

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and insert:

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exceed $250 million and establish a self-insurance retention fund

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for the purpose of paying the deductible limit established in the

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insurance policies it may obtain, including coverage for the

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department, any freight rail operator as described in paragraph

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(a), commuter rail service providers, governmental entities, or

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ancillary development; however, the insureds shall pay a

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reasonable monetary contribution to the cost of such liability

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coverage for the sole benefit of the insured. Such insurance and

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self-insurance retention fund may provide coverage for all

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damages, including, but not limited to, compensatory, special,

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and exemplary, and be maintained to provide an adequate fund to

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cover claims and liabilities for loss, injury, or damage arising

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out of or connected with the ownership, operation, maintenance,

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and management of a rail corridor.

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     (c) Incur expenses for the purchase of advertisements,

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marketing, and promotional items.

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Neither the assumption by contract to protect, defend, indemnify,

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and hold harmless; the purchase of insurance; nor the

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establishment of a self-insurance retention fund shall be deemed

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to be a waiver of any defense of sovereign immunity for torts nor

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deemed to increase the limits of the department's or the

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governmental entity's liability for torts as provided in s.

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768.28. The requirements of s. 287.022(1) shall not apply to the

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purchase of any insurance hereunder. The provisions of this

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subsection shall apply and inure fully as to any other

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governmental entity providing commuter rail service and

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constructing, operating, maintaining, or managing a rail corridor

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on publicly owned right-of-way under contract by the governmental

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entity with the department or a governmental entity designated by

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the department.

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     (19)(17) Exercise such other functions, powers, and duties

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in connection with the rail system plan as are necessary to

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develop a safe, efficient, and effective statewide transportation

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system.

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     Section 4.  Paragraph (d) of subsection (10) of section

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768.28, Florida Statutes, is amended to read:

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     768.28  Waiver of sovereign immunity in tort actions;

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recovery limits; limitation on attorney fees; statute of

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limitations; exclusions; indemnification; risk management

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programs.--

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     (10)

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     (d)  For the purposes of this section, operators,

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dispatchers, and providers of security for rail services and rail

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facility maintenance providers in the South Florida Rail Corridor

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or the Central Florida Rail Corridor, or any of their employees

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or agents, performing such services under contract with and on

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behalf of the South Florida Regional Transportation Authority or

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the Department of Transportation shall be considered agents of

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the state while acting within the scope of and pursuant to

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guidelines established in the said contract or by rule; provided,

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however, that the state, for itself, the Department of

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Transportation and such agents, hereby waives sovereign immunity

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for liability for torts within the limits of insurance and self

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insurance coverage provided for each rail corridor, which

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coverage shall not be less than 250 million dollars per year

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aggregate coverage per corridor with limits of not less than

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$250,000 dollars per person and $500,000 dollars per incident or

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occurrence. Notwithstanding subsection (8), an attorney may

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charge, demand, receive, or collect, for services rendered, fees

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up to 40 percent of any judgment or settlement related to the

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South Florida Rail Corridor or the Central Florida Rail Corridor.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 349 -368

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and insert:

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maintenance of commuter rail service facilities; amending

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s. 341.301, F.S.; providing definitions relating to

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commuter rail service, rail corridors, and railroad

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operation for purposes of the rail program within the

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department; amending s. 341.302, F.S.; authorizing the

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department to purchase specified property for the purpose

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of implementing commuter rail service; authorizing the

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department to assume certain liability on a rail corridor;

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authorizing the department to indemnify and hold harmless

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a railroad company when the department acquires a rail

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corridor from the company; providing allocation of risk;

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providing a specific cap on the amount of the contractual

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duty for such indemnification; authorizing the department

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to purchase and provide insurance in relation to rail

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corridors; authorizing marketing and promotional expenses;

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extending provisions to other governmental entities

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providing commuter rail service on public right-of-way;  

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amending s. 768.28, F.S.; expanding the list of entities

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considered agents of the state in relation to the South

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Florida Rail Corridor or the Central Florida Rail

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Corridor; limiting attorney fees for settlements related

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to the corridors;

4/21/2008  4:28:00 PM     TR.TA.08214