Florida's New Train Law: Who's Really Responsible for Your Safety?

Palm Coast, Florida, USA - Florida’s railways are seeing significant changes as new legislation rolls out aimed at enhancing safety and shifting liability among commuter services, particularly the Brightline and Florida East Coast Railway (FECR). With the passing of the Coastal Link Commuter Rail Service Act (CS/HB 867), effective July 1, public agencies will now have a hand in managing liabilities associated with train accidents. This law comes in response to a troubling trend of accidents, raising alarms among residents and safety advocates especially in Miami-Dade, Broward, and Palm Beach counties, where concerns over pedestrian and passenger safety have taken center stage. Cuba Headlines reports that the legislation allows public agencies to share liability with private operators like Brightline, raising questions about how responsibility will be distributed in incidents going forward.

The law is structured to enable state and local governments to assume part of the financial burden in the event of accidents involving passengers or visitors in the rail corridor. It’s noteworthy that local agencies can purchase insurance to cover damages, sidestepping situations where the private operator might otherwise share the blame. In instances of intentional misconduct leading to damages exceeding $5 million, Brightline must contribute up to that amount. Liability is capped at $323 million per incident, aligning with federal limits, but this does not include waiving sovereign immunity or increasing legal liability limits previously established. Public agencies will be looking carefully at their new responsibilities as the legislation unfolds.

Heightened Safety Measures

Parallel to this new liability framework, Florida has also introduced stringent penalties for those who violate safety protocols at train crossings. Recently signed by Governor Ron DeSantis, the transportation bill HB 1301 amplifies penalties for drivers and pedestrians who fail to yield at active railroad tracks. As reported by My News 13, first-time offenders will face a $500 fine, 25 hours of community service, and six points on their driver’s license. The Florida Rail Alliance is championing these measures to encourage safer behavior around tracks, hoping to reduce the alarming number of near misses documented by rail enthusiasts like Dominick Nobili since 2007.

This heightened focus on safety comes after tragic incidents, like the recent deaths of three individuals at the WT Jackson Street crossing in Melbourne while attempting to beat a Brightline train. With similar tragic occurrences in the past, including three pedestrians being struck and killed since the service began, the stakes couldn’t be higher. Brightline has responded by installing red light cameras at dangerous crossings to deter reckless behavior and keep passengers and pedestrians safer on the tracks.

Looking Forward

As these laws come into effect in the Sunshine State, the combined efforts of lawmakers, rail companies, and local jurisdictions working to enforce safety measures are more crucial than ever. Questions linger about the adequacy of existing safety measures and the effectiveness of shared liability in creating a safer commuting experience. Residents, passengers, and safety advocates are hoping these changes will lead to real improvements on the tracks, as concerns about accident frequency and safety protocols continue to permeate public discussions.

The community’s watchful eye will be important as they navigate the new regulations and assess the impact on their daily lives. The shared responsibility might just pave the way for a safer transit system along Florida’s bustling East Coast corridor.