As it has for SunRail, liability insurance provisions in the proposed agreement with Amtrak to begin passenger service on Florida East Coast Railway has become an issue.  Amtrak wants "no fault liability" language in the contract.  Each party would be responsible for its own financial costs from accidents that involve injury or death to passengers and railroad employees. 

Amtrak's position is they have a national policy of no-fault liability that is an industry-wide standard and is the manner in which Amtrak currently operates its exisitng service within Florida. FDOT seems not to favor this approach for either SunRail or FEC service and it appears to differ from the liability insurance agreement currently in effect between FDOT and Amtrak for operating over the state-owned Tri-Rail track in south Florida.

The issue may ultimately have to be resolved legislatively when the state legislature convenes next year.  State representative Thad Altman of Viera said he is willing to sponsor such legislation.

A decision on whether Florida will receive the $250 million federal grant to begin Amtrak service on the FEC is currently expected to be known in October.