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The Committee on Transportation and Economic Development

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Appropriations (Webster) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between lines 52-53

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and insert:

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     Section 1.  Section 212.0606, Florida Statutes, is amended

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to read:

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     212.0606 Rental car surcharge; discretionary local rental

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car surcharge.--

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     (1) A surcharge of $2 $2.00 per day or any part of a day is

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imposed upon the lease or rental of a motor vehicle licensed for

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hire and designed to carry fewer less than nine passengers,

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regardless of whether such motor vehicle is licensed in Florida.

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The surcharge applies to only the first 30 days of the term of

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any lease or rental and. The surcharge is subject to all

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applicable taxes imposed by this chapter.

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     (2)(a) Notwithstanding the provisions of section 212.20,

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and less costs of administration, 80 percent of the proceeds of

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the this surcharge imposed under subsection (1) shall be

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deposited in the State Transportation Trust Fund, 15.75 percent

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of the proceeds of this surcharge shall be deposited in the

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Tourism Promotional Trust Fund created in s. 288.122, and 4.25

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percent of the proceeds of this surcharge shall be deposited in

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the Florida International Trade and Promotion Trust Fund. As used

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inFor the purposes of this subsection, "proceeds" of the

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surcharge means all funds collected and received by the

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department under subsection (1)this section, including interest

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and penalties on delinquent surcharges. The department shall

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provide the Department of Transportation rental car surcharge

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revenue information for the previous state fiscal year by

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September 1 of each year.

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     (b)  Notwithstanding any other provision of law, in fiscal

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year 2007-2008 and each year thereafter, the proceeds deposited

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in the State Transportation Trust Fund shall be allocated on an

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annual basis in the Department of Transportation's work program

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to each department district, except the Turnpike District. The

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amount allocated for each district shall be based upon the amount

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of proceeds attributed to the counties within each respective

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district.

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     (3)(a) In addition to the surcharge imposed under

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subsection (1), each county containing an international airport

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may levy a discretionary local surcharge pursuant to county

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ordinance and subject to approval by a majority vote of the

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electorate of the county voting in a referendum on the local

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surcharge of $2 per day, or any part of a day, upon the lease or

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rental of a motor vehicle licensed for hire and designed to carry

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fewer than nine passengers, regardless of whether such motor

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vehicle is licensed in this state. The surcharge may be applied

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to only the first 30 days of the term of the lease or rental and

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is subject to all applicable taxes imposed by this chapter.

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     (b) If the ordinance authorizing the imposition of the

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surcharge is approved by such referendum, a certified copy of the

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ordinance shall be furnished by the county to the department

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within 10 days after such approval, but no later than November 16

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prior to the effective date. The notice must specify the time

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period during which the surcharge will be in effect and must

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include a copy of the ordinance and such other information as the

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department requires by rule. Failure to timely provide such

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notification to the department shall result in delay of the

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effective date for a period of 1 year. The effective date for any

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county to impose the surcharge shall be January 1 following the

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year in which the ordinance was approved by referendum. A local

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surcharge may not terminate on a date other than December 31.

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     (c) Any dealer that collects the local surcharge but fails

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to report surcharge collections by county, as required by

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paragraph (4)(b), shall have the surcharge proceeds deposited

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into the Solid Waste Management Trust Fund and then transferred

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to the Local Option Fuel Tax Trust Fund, which is separate from

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the county surcharge collection accounts. The department shall

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distribute funds in this account, less the cost of

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administration, using a distribution factor determined for each

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county that levies a surcharge based on the county's latest

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official population determined pursuant to s. 186.901 and

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multiplied by the amount of funds in the account and available

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for distribution.

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     (d) Notwithstanding s. 212.20, and less the costs of

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administration, the proceeds of the local surcharge imposed under

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paragraph (a) shall be transferred to the Local Option Fuel Tax

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Trust Fund and distributed monthly by the department under s.

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336.025(3)(a)1. or (4)(a). and used solely for costs associated

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with the construction, reconstruction, operation, maintenance,

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and repair of facilities under a commuter rail service program

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provided by the state or other governmental entity. As used in

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this subsection, "proceeds" of the local surcharge means all

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funds collected and received by the department under this

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subsection, including interest and penalties on delinquent

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surcharges.

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     (4)(3)(a) Except as provided in this section, the

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department shall administer, collect, and enforce the surcharge

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and local surcharge as provided in this chapter.

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     (b)  The department shall require dealers to report

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surcharge collections according to the county to which the

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surcharge and local surcharge was attributed. For purposes of

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this section, the surcharge and local surcharge shall be

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attributed to the county where the rental agreement was entered

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into.

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     (c) Dealers who collect a the rental car surcharge shall

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report to the department all surcharge and local surcharge

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revenues attributed to the county where the rental agreement was

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entered into on a timely filed return for each required reporting

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period. The provisions of this chapter which apply to interest

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and penalties on delinquent taxes shall apply to the surcharge

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and local surcharge. The surcharge and local surcharge shall not

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be included in the calculation of estimated taxes pursuant to s.

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212.11. The dealer's credit provided in s. 212.12 shall not apply

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to any amount collected under this section.

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     (5)(4) The surcharge and any local surcharge imposed by

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this section does not apply to a motor vehicle provided at no

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charge to a person whose motor vehicle is being repaired,

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adjusted, or serviced by the entity providing the replacement

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motor vehicle.

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     Section 2.  Subsections (8), (9), (10), (11), (12), (13),

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and (14) are added to section 341.301, Florida Statutes, to read:

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     341.301  Definitions; ss. 341.302 and 341.303.--As used in

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ss. 341.302 and 341.303, the term:

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     (8) "Commuter rail passenger or passengers" means and

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includes any and all persons, ticketed or unticketed, using the

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commuter rail service on a department owned rail corridor:

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     (a) On board trains, locomotives, rail cars, or rail

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equipment employed in commuter rail service or entraining and

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detraining therefrom;

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     (b) On or about the rail corridor for any purpose related

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to the commuter rail service, including, without limitation,

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parking, inquiring about commuter rail service or purchasing

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tickets therefor and coming to, waiting for, leaving from, or

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observing trains, locomotives, rail cars, or rail equipment; or

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     (c) Meeting, assisting, or in the company of any person

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described in paragraph (a) or paragraph (b).

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     (9) "Commuter rail service" means the transportation of

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commuter rail passengers and other passengers by rail pursuant to

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a rail program provided by the department or any other

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governmental entities.

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     (10) "Rail corridor invitee" means and includes any and all

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persons who are on or about a department-owned rail corridor:

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     (a) For any purpose related to any ancillary development

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thereon; or

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     (b) Meeting, assisting, or in the company of any person

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described in paragraph (a).

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     (11) "Rail corridor" means a linear contiguous strip of

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real property that is used for rail service. The term includes

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the corridor and structures essential to the operation of a

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railroad, including the land, structures, improvements, rights-

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of-way, easements, rail lines, rail beds, guideway structures,

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switches, yards, parking facilities, power relays, switching

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houses, rail stations, ancillary development, and any other

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facilities or equipment used for the purposes of construction,

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operation, or maintenance of a railroad that provides rail

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service.

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     (12) "Railroad operations" means the use of the rail

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corridor to conduct commuter rail service, intercity rail

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passenger service, or freight rail service.

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     (13) "Ancillary development" includes any lessee or

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licensee of the department, including, but not limited to, other

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governmental entities, vendors, retailers, restaurateurs, or

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contract service providers, within a department-owned rail

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corridor, except for providers of commuter rail service,

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intercity rail passenger service, or freight rail service.

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     (14) "Governmental entity or entities" means as defined in

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s. 11.45, including a "public agency" as defined in s. 163.01.

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     Section 3.  Present subsection (17) of Section 341.302,

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Florida Statutes, is redesignated as subsection (19) and new

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subsections (17) and (18) are added to that section, to read:

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     341.302  Rail program, duties and responsibilities of the

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department.--The department, in conjunction with other

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governmental entities units and the private sector, shall develop

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and implement a rail program of statewide application designed to

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ensure the proper maintenance, safety, revitalization, and

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expansion of the rail system to assure its continued and

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increased availability to respond to statewide mobility needs.

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Within the resources provided pursuant to chapter 216, and as

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authorized under federal law Title 49 C.F.R. part 212, the

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department shall:

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     (17) The department is hereby authorized to purchase the

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required right-of-way, improvements and appurtenances of the A-

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Line rail corridor from CSX Transportation, Inc. for a maximum

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purchase price of $450 million for the primary purpose of

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implementing commuter rail service in what is commonly identified

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as the Central Florida Rail Corridor, and consisting of an

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approximately 61.5 mile section of the existing A-Line rail

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corridor running from a point at or near Deland, Florida to a

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point at or near Poinciana, Florida.

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     (18) In conjunction with the acquisition, ownership,

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construction, operation, maintenance, and management of a rail

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corridor, have the authority to:

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     (a) Assume the obligation by contract to forever protect,

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defend, and indemnify and hold harmless the freight rail

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operator, or its successors, from whom the department has

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acquired a real property interest in the rail corridor, and that

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freight rail operator's officers, agents, and employees, from and

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against any liability, cost, and expense including, but not

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limited to, commuter rail passengers, rail corridor invitees, and

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trespassers in the rail corridor, regardless of whether the loss,

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damage, destruction, injury, or death giving rise to any such

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liability, cost, or expense is caused in whole or in part and to

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whatever nature or degree by the fault, failure, negligence,

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misconduct, nonfeasance, or misfeasance of such freight rail

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operator, its successors, or its officers, agents, and employees,

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or any other person or persons whomsoever, provided that such

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assumption of liability of the department by contract shall not

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in any instance exceed the following parameters of allocation of

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risk:

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     1. The department may be solely responsible for any loss,

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injury, or damage to commuter rail passengers, rail corridor

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invitees, or trespassers, regardless of circumstances or cause,

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subject to subparagraphs 2., 3., and 4.

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     2. When only one train is involved in an incident, the

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department may be solely responsible for any loss, injury, or

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damage if the train is a department train or other train pursuant

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to paragraph 3., but only if in an instance when only a freight

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rail operator train is involved the freight rail operator is

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solely responsible for any loss, injury, or damage, except for

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commuter rail passengers, rail corridor invitees, and

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trespassers; and, the freight rail operator is solely responsible

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for its property and all of its people in any instance when its

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train is involved in an incident.

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     3. For the purposes of this subsection any train involved

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in an incident that is neither the department's train nor the

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freight rail operator's train, hereinafter referred to in this

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subsection as an "other train," may be treated as a department

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train, solely for purposes of any allocation of liability between

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the department and the freight rail operator only, but only if

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the department and the freight rail operator share responsibility

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equally as to third parties outside the rail corridor who incur

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loss, injury, or damage as a result of any incident involving

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both a department train and a freight rail operator train; and,

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the allocation as between the department and the freight rail

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operator, regardless of whether the other train is treated as a

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department train, shall remain one-half each as to third parties

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outside the rail corridor who incur loss, injury, or damage as a

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result of the incident, and the involvement of any other train

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shall not alter the sharing of equal responsibility as to third

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parties outside the rail corridor who incur loss, injury, or

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damage as a result of the incident.

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     4. When more than one train is involved in an incident:

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     a. If only a department train and a freight rail operator's

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train, or only another train as described in subparagraph 3. and

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a freight rail operator's train, are involved in an incident, the

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department may be responsible for its property and all of its

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people, all commuter rail passengers, rail corridor invitees, and

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trespassers, but only if the freight rail operator is responsible

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for its property and all of its people; and the department and

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the freight rail operator share responsibility one-half each as

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to third parties outside the rail corridor who incur loss,

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injury, or damage as a result of the incident.

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     b. If a department train, a freight rail operator train,

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and any other train are involved in an incident, the allocation

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of liability as between the department and the freight rail

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operator, regardless of whether the other train is treated as a

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department train, shall remain one-half each as to third parties

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outside the rail corridor who incur loss, injury, or damage as a

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result of the incident; the involvement of any other train shall

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not alter the sharing of equal responsibility as to third parties

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outside the rail corridor who incur loss, injury, or damage as a

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result of the incident; and, if the owner, operator, or insurer

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of the other train makes any payment to injured third parties

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outside the rail corridor who incur loss, injury, or damage as a

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result of the incident, the allocation of credit between the

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department and the freight rail operator as to such payment shall

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not in any case reduce the freight rail operator's third party

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sharing allocation of one-half under this paragraph to less than

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one-third of the total third party liability.

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     5. Any such contractual duty to protect, defend, indemnify,

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and hold harmless such a freight rail operator shall expressly:

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include a specific cap on the amount of the contractual duty,

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which amount shall not exceed $200 million without prior

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legislative approval; require the department to purchase

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liability insurance and establish a self-insurance retention fund

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in the amount of the specific cap established under this

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paragraph; provide that no such contractual duty shall in any

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case be effective nor otherwise extend the department's liability

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in scope and effect beyond the contractual liability insurance

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and self-insurance retention fund required pursuant to this

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paragraph; and provide that the freight rail operator's

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compensation to the department for future use of the department's

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rail corridor shall include a monetary contribution to the cost

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of such liability coverage for the sole benefit of the freight

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rail operator.

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     (b) Purchase liability insurance which amount shall not

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exceed $200 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.

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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) 2-3

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and insert:

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amending s. 212.0606, F.S.; providing for the imposition

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by countywide referendum of an additional surcharge on the

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lease or rental of a motor vehicle; providing the proceeds

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of the surcharge to be transferred to the Local Option

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Fuel Tax Trust Fund and used for the construction and

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maintenance of commuter rail service facilities; providing

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definitions relating to commuter rail service, rail

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corridors, and railroad operation for purposes of the rail

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program within the department; amending s. 341.302, F.S.;

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authorizing the department to purchase specified property

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for the purpose of implementing commuter rail

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service;authorizing the department to assume certain

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liability on a rail corridor; authorizing the department

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to indemnify and hold harmless a railroad company when the

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department acquires a rail corridor from the company;

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providing allocation of risk; providing a specific cap on

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the amount of the contractual duty for such

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indemnification; authorizing the department to purchase

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and provide insurance in relation to rail corridors;

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authorizing marketing and promotional expenses; extending

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provisions to other governmental entities providing

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commuter rail service on public right-of-way;  amending s.

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768.28, F.S.; expanding the list of entities considered

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agents of the state; providing for construction in

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relation to certain federal laws;

4/21/2008  10:14:00 AM     TR.TA.08141