FDOT, CSX and the Central Florida Commuter Rail Project

1. FDOT, CSX and the Central Florida Commuter Rail Project The Impact on Florida’s Taxpayers

3. Proposed Central Florida Commuter Rail 61.5 Miles on the “A” Line Map from HDR S A

4. “A” and “S” Lines Overlap from Plant City to Auburndale Map from HDR S A

5. Non-Recurring Expenses – State $ 150 M - 198 M - 52 M - 209 M - 23 M - 9M - *400 M - Payment for 61.5 miles of “A” line Freight capacity improvements on “S” line 5 overpasses (up from 59 million) on “S” line Other freight capacity improvements Taxpayer help to CSX for their new ILC Taxpayer help to CSX for access road to their new ILC Possible Double Track $ $ $ $ $ $ $ C&F F F F ILC/F ILC/F C&F C&F = Commuter and Freight F = Freight ILC = Intermodal Logistics Center

12. Liability for CSX © Ric Leonard

14. (c) Assume by contract to forever protect, defend, indemnify, and hold harmless a railroad company (or its successors) from whom the department has acquired a rail corridor, and its officers, agents, and employees, from and against any liability, cost, or expense contractually assumed by the department or contractually apportioned to it, regardless of whether the loss, damage, destruction, injury, or death giving rise to any such liability, cost, or expense is caused in whole or in part and to whatever nature or degree by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of such railroad company (or its successors) or its or their officers, agents, and employees, or any other person or persons whomsoever. Liability Language From the Contract Between FDOT and CSX

15. Senator Dockery’s Amendment Language

16. (a) Contract with the freight rail operator or its successors from whom the department has acquired a real property interest in the rail corridor to establish that each party is solely responsible for any liability, cost, or expense it causes, including but not limited to, commuter rail passengers, rail corridor invitees, or trespassers in the rail corridor.

17. (a) Assume the obligation by contract to forever protect, defend, and indemnify and hold harmless the freight rail operator, or its successors, from whom the department has acquired a real property interest in the rail corridor, and that freight rail operator's officers, agents, and employees, from and against any liability, cost, and expense including, but not limited to, commuter rail passengers, rail corridor invitees, and trespassers in the rail corridor, regardless of whether the loss, damage, destruction, injury, or death giving rise to any such liability, cost, or expense is caused in whole or in part and to whatever nature or degree by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of such freight rail operator, its successors, or its officers, agents, and employees, or any other person or persons whomsoever, … FDOT PROPOSED AMENDED LIABILITY LANGUAGE (Lines 2658 – 2817):

18. FDOT PROPOSED AMENDED LIABILITY LANGUAGE (Lines 2658 – 2817):

20. (d) For the purposes of this section, operators, dispatchers, and providers of security for rail services and rail facility maintenance providers in the South Florida Rail Corridor, or any of their employees or agents, performing such services under contract with and on behalf of the Tri-County Commuter Rail Authority or the Department of Transportation shall be considered agents of the state while acting within the scope of and pursuant to guidelines established in said contract or by rule. Liability Language for TriRail from 2002

21. !! Projected Ridership 4,500 Passengers Per Day