Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1212
       
       
       
       
       
       
                                Barcode 109112                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  03/04/2009           .                                
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       The Committee on Transportation (Dockery) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Between lines 350 and 351
    5  insert:
    6         6. Any such contract must expressly prohibit the freight
    7  rail operator, or its successors, from transporting or storing
    8  any railroad car containing any hazardous substance listed in
    9  Table 302.4 of 40 C.F.R. 302.4 in any department-owned rail
   10  corridor during the operating hours of the commuter rail
   11  service; and, notwithstanding any other provision of this
   12  subsection to the contrary, the department does not have any
   13  duty or authority to contractually assume any duty to protect,
   14  defend, indemnify, and hold harmless a freight operator for any
   15  liability arising while a freight operator is in violation of
   16  this subparagraph.
   17  
   18  ================= T I T L E  A M E N D M E N T ================
   19  And the title is amended as follows:
   20  
   21         Delete line 18
   22  and insert:
   23  
   24  indemnification; prohibiting a freight rail operator from
   25  transporting or storing any railroad car containing any
   26  hazardous substance in any department-owned rail corridor during
   27  the operating hours of the commuter rail service; authorizing
   28  the department to