Green light to Florida rail

By Marc Caputo and Lee Logan, Times/Herald Tallahassee Bureau

Published Tuesday, December 8, 2009

TALLAHASSEE — With surprising ease, the Florida Senate ended a special lawmaking session a day early Tuesday by approving a package of train legislation designed to kick-start a troubled Central Florida rail project, bail out South Florida's Tri-Rail and win billions of dollars in federal bullet-train money.

Gov. Charlie Crist said he'll eagerly sign the legislation that seemed in trouble just last week when lawmakers raised concerns about the expense, liability language in case of accidents and union jobs for the proposed SunRail commuter line in the Orlando area.

But the AFL-CIO struck a deal Tuesday with state transportation officials to keep federal railroad and labor job protections for some of its members, giving Democrats more of a reason to join Republicans in backing the bill on a 27-10 vote.

A key player: Sen. Jeremy Ring of Margate, who sponsored the bill and kept wooing fellow Democrats and the unions to his side.

Ring's pitch for the bill was all about jobs. Not only would construction workers and engineers find employment, he said, but the state's economy also would be changed by a network of commuter, light and high-speed rail systems that would link the major urban areas from Jacksonville to Miami to Orlando to Tampa.

"This will transform the future of Florida," Ring said. "Today, the Florida Senate took the bold step of planning for a 21st century transportation system."

Sen. Mike Fasano, a New Port Richey Republican who chairs the Senate's transportation budget committee, said it's not just South and Central Florida that stand to gain from the legislation. He said the Tampa Bay region, because of its transportation planning and strategic location, could be first in line to draw money from an estimated $60 million source of rail dollars that the bill establishes in 2014.

"They have a great shot at getting a good amount — if not most — of that money," Fasano said.

But the legislation is only a first step.

Crist and legislative leaders hope that the bill will help persuade federal transit officials to look kindly on Florida's request for $2.5 billion in federal stimulus money to help build a bullet train.

Over and over again, state lawmakers said federal officials told the state that it "needs to get its act together'' on commuter rail. The feds, though, haven't promised the money. But federal officials did threaten to take back about $256 million in federal money for Tri-Rail if it cut back on services due to budget cuts.

The legislation is divided into three major parts that establish a new rail oversight "enterprise'' at the Department of Transportation, give Tri-Rail up to $15 million more annually and give taxpayer-backed liability protections to the freight carrier CSX, which is selling 61 miles of tracks to the state for the SunRail project.

That last issue, liability for CSX, was a deal-breaker in the Florida Senate for the past two years as Sen. Paula Dockery, R-Lakeland, hammered home the difficulties of protecting a private company from being held liable in case of accidents. She also has described the $1.2 billion deal for a rail system serving 3,500 riders as a "boondoggle'' and a case of corporate welfare.

Dockery, a backer of rail systems in general, also took issue with the idea that jobs would be created by the legislation. She pointed out that Tri-Rail perpetually runs a deficit.

"So we didn't solve Tri-Rail's problems, because we only gave them $15 million. They needed more. We didn't solve the taxpayers' problem because we're paying too much for this (SunRail) project. And high-speed rail really needed nothing coming out of this session," said Dockery, who is running for governor.

In the end, legislative leaders insisted that CSX pick up some liability in the case of an accident.

Some say it isn't enough. A Fort Lauderdale widow, Angel Palank, testified during the special session that CSX had a history of shoddy maintenance practices that led to the death of her husband, Miami police Officer Paul Palank, in a 1991 South Carolina derailment case. Palank ultimately won $50 million in a lawsuit.

But, under the bill, such jury awards would be tougher to come by for victims' families, she said.

"I'm not trying to create rich widows who sue the train company," Palank said. "I'm trying to make sure the rail lines are safe by making a company like CSX have an incentive to do so."

Not only did CSX get a win Tuesday when the Senate approved the legislation, so did Crist and Senate President Jeff Atwater, who called the special session without having 21 votes assured — the minimum needed to pass legislation in the 40-member Senate.

At times, the legislation seemed cursed. Black lawmakers were angered when the special session interfered with a long-planned national conference they were hosting in Fort Lauderdale last week.

Then Rep. Baxter Troutman said he wouldn't vote on the legislation because it posed a conflict of interest for a family company controlled by his estranged cousin, Sen. J.D. Alexander. Both are Polk County Republicans. Alexander secured a Senate general counsel's opinion Tuesday telling him he could vote on SunRail, though the deal could benefit his family's railroad warehousing business. He voted yes.

Throughout, unions threatened to scuttle the deal, along with a group of conservative "tea party'' activists opposed to what they said was "corporate welfare."

House Speaker Larry Cretul, whose chamber easily passed the bill Monday, credited Crist with playing an "instrumental'' role with the AFL-CIO, which wanted about 184 Tri-Rail and SunRail union members to keep federal pension benefits and job protections that include the right to raise safety concerns without the risk of getting fired.

Crist simply said he was "pleased'' that the legislation passed. "It really thrusts Florida into the future."

Late Tuesday, Crist phoned U.S. Sen. George LeMieux to ask him to lobby U.S. Department of Transportation Secretary Ray LaHood on Florida's behalf.

Times/Herald staff writers Steve Bousquet, Mary Ellen Klas, Al Chardy and Shannon Colavecchio contributed to this report. Marc Caputo can be reached at mcaputo@

What's in the bill headed to Gov. Crist

SunRail: Makes it easier for the state to spend $432 million to buy 61 miles of existing rail track, owned by CSX Corp., from DeLand in Volusia County to Poinciana in Osceola County for operation of a commuter rail system. Additional money comes from the federal government, four Central Florida counties (Orange, Osceola, Seminole and Volusia), the city of Orlando and passenger fares.

High-speed rail: Improves state chances of winning $2.5 billion over 30 years, most of it federal money, for a high-speed rail system linking Tampa, Orlando and Miami. The first leg of the system would link Tampa and Orlando.

Liability: Requires the state to buy a $200 million liability insurance policy for SunRail, with the annual premium expected to be about $2 million. The state agrees to hold CSX harmless in most crashes, but the carrier must pay the state's insurance deductible (about $10 million) in certain cases caused by the willful misconduct of the company or its employees or subsidiaries.

.  BILL continued from A

What's in the bill headed to Gov. Crist

Tri-Rail: Provides $13 million to $15 million annually to reduce operating deficits in Tri-Rail, which serves Miami-Dade, Broward and Palm Beach counties.

Other: Creates Florida Rail Enterprise to oversee development and management of all rail systems to be managed by an executive director and overseen by nine appointees (three each by the governor, Senate president, House speaker). Increases from 5 to 10 percent in 2014 the state money allocated for small-county road improvements.

Sources: Florida Legislature; House sponsor Rep. Gary Aubuchon, R-Cape Coral


How they voted

Here is how Tampa Bay area state senators voted on the rail bill:

Yes: Mike Fasano, R-New Port Richey; Dennis Jones, R-Seminole; Victor Crist, R-Tampa

No: Arthenia Joyner, D-Tampa; Ronda Storms, R-Valrico; Paula Dockery, R-Lakeland

Did not vote: Charlie Justice, D-St. Petersburg*

*Justice paired his no vote with the expected yes vote of Sen. Ted Deutch, D-Boca Raton, who was absent — a procedure allowed by Senate rules. Their voting intent will show up in the final record.

Back to St Pete Times Page. . .

Back to Home Page. . .