The "Coastal Link Commuter Rail Service Act" establishes section 343.811 of chapter 343 of the Florida Statutes, which outlines the indemnification and insurance obligations for state and local agencies operating commuter rail services on the Coastal Link corridor. The bill defines the responsibilities of these agencies in protecting and indemnifying operators like Brightline and Florida East Coast Railway (FECR) against liabilities from incidents involving passengers and rail corridor invitees. It sets a self-insurance retention amount of $5 million and specifies conditions for indemnification related to limited covered accidents, particularly those caused by willful misconduct.
Additionally, the bill mandates that agencies assume liability for any loss or damage to rail corridor invitees and third parties, establishing a cap on liability insurance at $323 million per occurrence. It clarifies that FECR and Brightline are not state agents and do not have sovereign immunity, making them liable for tort claims. The legislation also emphasizes that purchasing insurance or creating a self-insurance fund does not waive sovereign immunity defenses. The provisions of this act are set to take effect on July 1, 2025, aiming to enhance the safety and management of rail services while clearly defining the liabilities of the involved parties.