SB 916 — Indemnification of Commuter Rail Transportation Providers

Florida Senate - 2025 CS for SB 916 By Senatorthe RodriguezCommittee 40-00264A-25on 2025916__Transportation; A bill to be entitled An act relating to indemnification of commuter rail transportation providers;

and Senator Rodriguez 596-02599-25 2025916c1 A bill to be entitled An act relating to indemnification of commuter rail transportation providers;

343, F.S., entitled “Coastal Link Commuter Rail ServiceService”; Act”;

providing construction;

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 providing construction;requirements for such fund;

providing requirements for such fund;

343.711 and 343.712, Florida Statutes, is created and entitled “Coastal Link Commuter Rail ServiceService.” Act.” Section 2.

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 paragraph (2)(b), the term includes Florida East Coast Dispatch, LLC, or its successors or assigns.

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 performing work at a station or in the coastal link corridor, including any utilities or fiber optic companies.

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 (k) “Joint infrastructure” means any portion or segment of the coastal link corridor, except that the term does not include tracks or infrastructure designated for the exclusive use of an agency, the authority, Brightline, or FECR or portions of any Brightline station used by Brightline, the authority, or an agency, as applicable, including, but not limited to, pedestrian bridges, stairs, elevators, and escalators.

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 injury, or damage for which operators share responsibility pursuant to this section, a percentage in proportion to the number of operators involved in the relevant incident.

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 the loss, damage, destruction, injury, or death giving rise to such liability, cost, or expense is caused in whole or in part by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of Brightline, its successors and assigns, or its officers, agents, and employees, or any other person;

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 including punitive or exemplary damages, in excess of the self- insurance retention amount unless Brightline agrees, with respect to the coastal link corridor limited covered accident, to protect, defend, and indemnify an agency for the amount of the self-insurance retention amount.

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 damage to, the agency’s passengers and coastal link corridor invitees;

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 for all claims, including claims for punitive damages, arising from a single accident or incident in accordance with 49 U.S.C.

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 accident or incident in accordance with 49 U.S.C.

Additionally, an agency may establish a self-insurance retention fund for the purpose of paying the deductible limit established in the insurance policies it obtains, including coverage for aan county agency, a freight rail operator, Brightline, commuter rail service providers, governmental entities, or any ancillary development, which self-insuranceself- insurance retention fund or deductible may not exceed the self-insuranceself- insurance retention amount.

Such insurance and self-self-insurance insurance retention fund may provide coverage for all damages, including, but not limited to, compensatory, special, and exemplary, and be maintained to provide an adequate fund to cover claims and liabilities for loss, injury, or damage arising out of or connected with the ownership, operation, maintenance, and management of the coastal link corridor.

Any self-insuredself-insurance retention fund must be a segregated account of an agency and subject to the same conditions, restrictions, exclusions, obligations, and duties included in any of the policies of the railroad liability insurance specified in this paragraph.

Florida Senate - 2025 CS for SB 916 40-00264A-25596-02599-25 2025916__2025916c1 immunity.