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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 34 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 />incur loss, injury, or damage as a result of the incident; the 826 <br />involvement of any other train shall not alter the sharing of 827 <br />equal responsibility as to third parties outside the rail 828 <br />corridor who incur loss, injury, or damage as a result of the 829 <br />incident; and, if the owner, operator, or insurer of the other 830 <br />train makes any payment to injured third parties outside the 831 <br />rail corridor who incur loss, injury, or damage as a result of 832 <br />the incident, the allocation of credit between the department 833 <br />and National Railroad Passenger Corporation as to such payment 834 <br />shall not in any case reduce National Railroad Passenger 835 <br />Corporation's third-party-sharing allocation of one-half under 836 <br />this sub-subparagraph to less than one-third of the total third 837 <br />party liability. 838 <br /> 6. Any such contractual duty to protect, defend, 839 <br />indemnify, and hold harmless such a freight rail operator or 840 <br />National Railroad Passenger Corporation shall expressly include 841 <br />a specific cap on the amount of the contractual duty, which 842 <br />amount shall not exceed $200 million without prior legislative 843 <br />approval, and the department to purchase liability insurance and 844 <br />establish a self-insurance retention fund in the amount of the 845 <br />specific cap established under this subparagraph, provided that: 846 <br /> a. No such contractual duty shall in any case be effective 847 <br />nor otherwise extend the department's liability in scope and 848 <br />effect beyond the contractual liability insurance and self-849 <br />insurance retention fund required pursuant to this paragraph; 850