Senate Bill 1468 (2020) — Filed
SB 1468
Florida Bills
Florida Senate - 2020 SB 1468 By Senator Taddeo 40-01092A-20 20201468__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to trains; creating s. 341.3023, F.S.; 2 requiring, as a condition of operation in this state, 3 that trains used in connection with the movement of 4 freight and passengers have a crew that consists of at 5 least two individuals; providing exceptions; defining 6 terms; authorizing the Secretary of Transportation to 7 exempt certain railroad carriers from specified 8 provisions of law under certain conditions; providing 9 requirements for such exemptions; authorizing the 10 Department of Transportation to assess civil penalties 11 against a person or an entity for a specified 12 violation, subject to certain requirements; requiring 13 the department to exercise certain authority to the 14 extent that such authority is not preempted by federal 15 law or regulation; creating s. 341.3024, F.S.; 16 requiring, as a condition of operation in this state, 17 that trains used in connection with the movement of 18 certain materials and substances have a crew that 19 consists of at least two individuals; authorizing the 20 Secretary of Transportation to exempt certain railroad 21 carriers from specified provisions of law under 22 certain conditions; providing requirements for such 23 exemptions; authorizing the department to assess civil 24 penalties against a person or entity for a specified 25 violation, subject to certain requirements; requiring 26 the department to exercise certain authority to the 27 extent that such authority is not preempted by federal 28 law or regulation; providing an effective date. 29
Florida Senate - 2020 SB 1468 40-01092A-20 20201468__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. 30 WHEREAS, the safety of train passengers, crewmembers, 31 commuters, and residents of the communities in this state which 32 are traversed by trains, and the safe transport of the freight 33 carried on those trains, are of paramount importance to this 34 state, and 35 WHEREAS, the right to regulate statewide safety concerns 36 that the United States Secretary of Transportation has not 37 addressed through the promulgation of a specific rule, 38 regulation, or standard covering and subsuming the subject 39 matter falls exclusively to the state, and 40 WHEREAS, railroad operational challenges make it necessary, 41 expedient, and a matter of public safety that at least two 42 qualified persons operate the trains that traverse this state, 43 and 44 WHEREAS, positive train control is, or once fully 45 operational will become, a necessary safety overlay to the safe 46 operations of passenger and freight train service in this state, 47 but is not a replacement for minimal safe staffing requirements 48 for trains, and 49 WHEREAS, the National Transportation Safety Board’s 50 recommendations regarding situational awareness, safety policies 51 adopted by carriers, and regulatory requirements make a minimum 52 train staffing level of at least two qualified persons in the 53 cab of a leading locomotive indispensable and practically 54 necessary, and 55 WHEREAS, the lives of hundreds of passengers in commuter 56 and passenger trains in this state depend on the training, 57 knowledge, skills, and expertise of at least two qualified 58
Florida Senate - 2020 SB 1468 40-01092A-20 20201468__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. crewmembers to safely get them to their destination and to 59 navigate the immediate aftermath of a train-related emergency in 60 order to minimize injury and loss of life, and 61 WHEREAS, hazardous materials travel safely by train through 62 our communities with the comfort of, and dependence on, a safety 63 culture with safety overlays and required redundancy which is 64 vital to avoiding accidents and of the utmost necessity when an 65 accident does occur, particularly in populated areas of this 66 state, and a minimum of two qualified persons is a required 67 component of such a safe operational system, and 68 WHEREAS, first responders rely on and work directly with 69 ground crewmembers during emergency situations and depend on 70 them for their own safety while on and around the tracks, and it 71 is necessary that at least one crewmember remain at the controls 72 of the locomotive to ensure safety and vital communications, and 73 WHEREAS, a state regulation requiring that trains used in 74 connection with the movement of freight and passengers have a 75 crew that consists of at least two individuals is not 76 incompatible with any law, regulation, or order of the United 77 States Government, and 78 WHEREAS, most existing state rail operations have a minimum 79 staffing level of two qualified persons, and this act makes 80 reasonable exceptions and accommodations that will not 81 negatively affect the intent to protect and enhance rail safety 82 statewide, while not unreasonably burdening interstate commerce, 83 NOW, THEREFORE, 84 85 Be It Enacted by the Legislature of the State of Florida: 86 87
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Section
Section 341.3023, Florida Statutes, is created 88 to read: 89 341.3023 Crew requirements for trains.— 90
(1) Except as otherwise provided in this section, as a 91 condition of operation in this state, a train used in connection 92 with the movement of freight or passengers must have a crew that 93 consists of at least two individuals. 94
(2) A train engaged in the transport of passengers in this 95 state may operate with one qualified individual in the train and 96 one qualified individual in a connected rail car, provided that, 97 in corridors that are not positive train control-protected or 98 where positive train control systems are inoperable or known to 99 be failing, at least two qualified individuals must operate in 100 the train. 101
(3) A train may operate with fewer than two individuals if 102 it is any one of the following: 103 (
a) A train engaged in switching movements, whether at a 104 rail yard, a line of road, or a customer facility. Such a train 105 may operate with one qualified individual in the train and at 106 least one qualified individual remotely operating the train. 107 (
b) A train performing helper service. For purposes of this 108 paragraph, the term “helper service” means the use of a train or 109 group of trains to assist another train that has experienced 110 mechanical failure or that lacks the power to traverse difficult 111 terrain, and includes traveling to or from a location where 112 assistance is provided. 113 (
c) A train used for purposes of tourist, scenic, historic, 114 or excursion operations and not operating as part of the rail 115 system. However, if the train operates for 1.5 hours or more 116
Florida Senate - 2020 SB 1468 40-01092A-20 20201468__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. during the hours between 11 p.m. and 5:30 a.m., it must be 117 operated by two qualified individuals during those hours. 118 (
d) A train that is not attached to any piece of equipment 119 or is attached only to a caboose and that is not traveling more 120 than 30 miles outside of a rail yard. 121 (
e) A train performing hostler service. For purposes of 122 this paragraph, the term “hostler service” means the movement of 123 a train not attached to rail cars inside a rail yard. 124 (
f) A freight train used for the purposes of mine loadout 125 or plant dumping, or a similar operation in which a freight 126 train is being loaded or unloaded in an assembly-line manner in 127 an industry while the train moves at a speed of 10 miles per 128 hour or less. 129 (4)(
a) The Secretary of Transportation may exempt a 130 railroad carrier with 15 or fewer employees from the limitations 131 imposed by this
section if a train is being operated under all 132 of the following conditions: 133 1. The authorized maximum speed of the train is 15 miles 134 per hour or less. 135 2. The average grade of any segment of the track on which 136 the train travels is less than 1 percent over 3 continuous miles 137 or 2 percent over 2 continuous miles. 138 (
b) The secretary may exempt a carrier from this
section 139 after a full hearing for good cause shown and upon determining 140 that the exemption is in the public interest and will not 141 adversely affect safety. The exemption must be for a specific 142 period of time and subject to review at least annually. 143
(5) The department may assess a civil penalty against a 144 person or an entity that violates this section. If the 145
Florida Senate - 2020 SB 1468 40-01092A-20 20201468__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. department assesses a civil penalty, it must do so as follows: 146 (
a) If, within the 3 years before the violation occurred, 147 the department has not assessed a civil penalty under this 148
section against such person or entity, it may assess a penalty 149 in an amount not less than $250, but not more than $1,000. 150 (
b) If, within the 3 years before the violation occurred, 151 the department has assessed one civil penalty under this
section 152 against such person or entity, it may assess a penalty in an 153 amount not less than $1,000, but not more than $5,000. 154 (
c) If, within the 3 years before the violation occurred, 155 the department has assessed two or more civil penalties under 156 this
section against such person or entity, it may assess a 157 penalty in an amount not less than $5,000, but not more than 158 $10,000. 159
(6) The department shall exercise the authority granted 160 under this
section to the extent that such authority is not 161 preempted by federal law or regulation. 162
Section
Section 341.3024, Florida Statutes, is created 163 to read: 164 341.3024 Crew requirements for trains used in connection 165 with the transport of certain materials and substances; 166 penalties.— 167
(1) As a condition of operation in this state, a crew that 168 consists of at least two individuals is required to operate a 169 train used in connection with the movement of any of the 170 following: 171 (
a) One or more loaded freight rail cars containing 172 materials poisonous by inhalation as defined in 49 C.F.R. s. 173 171.8, including, but not limited to, anhydrous ammonia (UN 174
Florida Senate - 2020 SB 1468 40-01092A-20 20201468__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. 1005) and ammonia solutions (UN 3318). 175 (
b) Ten or more loaded freight rail cars or freight rail 176 cars loaded with bulk packaging as defined in 49 C.F.R. s. 171.8 177 or with intermodal portable tanks containing any combination of 178 materials poisonous by inhalation or any Division 2.1 flammable 179 gases, Class 3 flammable liquids, or Division 1.1 or 1.2 180 explosives listed in 49 C.F.R.
part 173, or hazardous substances 181 listed in 49 C.F.R. s. 173.31(f)(2). 182 (2)(
a) The Secretary of Transportation may exempt a 183 railroad carrier having 15 or fewer employees from the 184 limitations imposed by this
section if a train is being operated 185 under all of the following conditions: 186 1. The maximum authorized speed of the train is 15 miles 187 per hour or less. 188 2. The average grade of any segment of the track on which 189 the train travels is less than 1 percent over 3 continuous miles 190 or 2 percent over 2 continuous miles. 191 (
b) The secretary may exempt a carrier from this
section 192 after a full hearing for good cause shown and upon determining 193 that the exemption is in the public interest and will not 194 adversely affect safety. The exemption must be for a specific 195 period of time and subject to review at least annually. 196
(3) The department may assess a civil penalty against a 197 person or entity that violates this section. If the department 198 assesses a civil penalty, it must assess a penalty in an amount 199 not less than $2,500, but not more than $10,000. However, if the 200 Secretary of Transportation makes a finding of a willful 201 violation of this section, the department may assess a penalty 202 in an amount not more than $100,000. 203
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(4) The department shall exercise the authority granted 204 under this
section to the extent that such authority is not 205 preempted by federal law or regulation. 206