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<br /> <br />HB 301 2025 <br /> <br /> <br /> <br />CODING: Words stricken are deletions; words underlined are additions. <br />hb301-00 <br />Page 30 of 80 <br />F L O R I D A H O U S E O F R E P R E S E N T A T I V E S <br /> <br /> <br /> <br />damage if the train is a department train or other train 726 <br />pursuant to subparagraph 4., but only if: 727 <br /> a. When an incident occurs with only a freight train 728 <br />involved, including incidents with trespassers or at grade 729 <br />crossings, the freight rail operator is solely responsible for 730 <br />any loss, injury, or damage, except for commuter rail passengers 731 <br />and rail corridor invitees; or 732 <br /> b. When an incident occurs with only a National Railroad 733 <br />Passenger Corporation train involved, including incidents with 734 <br />trespassers or at grade crossings, National Railroad Passenger 735 <br />Corporation is solely responsible for any loss, injury, or 736 <br />damage, except for commuter rail passengers and rail corridor 737 <br />invitees. 738 <br /> 4. For the purposes of this subsection: 739 <br /> a. Any train involved in an incident that is neither the 740 <br />department's train nor the freight rail operator's train, 741 <br />hereinafter referred to in this subsection as an "other train," 742 <br />may be treated as a department train, solely for purposes of any 743 <br />allocation of liability between the department and the freight 744 <br />rail operator only, but only if the department and the freight 745 <br />rail operator share responsibility equally as to third parties 746 <br />outside the rail corridor who incur loss, injury, or damage as a 747 <br />result of any incident involving both a department train and a 748 <br />freight rail operator train, and the allocation as between the 749 <br />department and the freight rail operator, regardless of whether 750