Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1212
       
       
       
       
       
       
                                Barcode 129922                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  03/11/2009           .                                
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       The Committee on Judiciary (Peaden) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 350 and 351
    4  insert:
    5         6. Any such contract must expressly prohibit the freight
    6  rail operator, or its successors, from transporting or storing
    7  any railroad car containing any hazardous substance listed in
    8  Table 302.4 of 40 C.F.R. 302.4 in any department-owned rail
    9  corridor during the operating hours of the commuter rail
   10  service; and, notwithstanding any other provision of this
   11  subsection to the contrary, the department does not have any
   12  duty or authority to contractually assume any duty to protect,
   13  defend, indemnify, and hold harmless a freight operator for any
   14  liability arising while a freight operator is in violation of
   15  this subparagraph.
   16  
   17  ================= T I T L E  A M E N D M E N T ================
   18         And the title is amended as follows:
   19         Delete line 18
   20  and insert:
   21  
   22         indemnification; prohibiting a freight rail operator
   23         from transporting or storing any railroad car
   24         containing any hazardous substance in any department
   25         owned rail corridor during the operating hours of the
   26         commuter rail service; authorizing the department to