Gov. Charlie Crist ordered an investigation into “Wafflegate” but his concerns about transportation officials’ possible violations of the state’s Sunshine laws aren’t keeping him from signing the bill they were writing about into law tomorrow.

Tomorrow, Crist will hold ceremonial signings in Tampa and Orlando of the sweeping rail bill passed during a special session last week.

Today, Crist acceded to Chief Financial Officer Alex Sink’s request for the inspector general investigation.

But he rejected Sen. Paula Dockery’s suggestion that he delay signing the bill that paves the way for SunRail.

Dockery’s fought for three years the deal in which the state will pay CSX at least $430 million for 61 miles of track in Central Florida for a commuter rail project. The state will share the rails with CSX, which will continue to operate freight on the line for less than $4 million a year.

The Palm Beach Post reported on Sunday that CSX played a major role in the crafting of the bill.

“For three years, the agency has been stonewalling citizens trying to examine this back-room deal. Given the secretive code words used to hide its communications, the agency has violated the public trust. Until the investigation is completed, I would encourage the governor to delay signing – or better yet, veto – the legislation we’ve now learned was authored by CSX,” Dockery, R-Lakeland, said in a statement.

Orlando Ax the Tax chairman Doug Guetzloe also asked Crist to hold off on signing the bill into law. Guetzloe and the state Tea Party Chairman Fred O’Neal have asked Leon County State Attorney Willie Meggs to investigate the matter they coined “Wafflegate.” Guetzloe also said he will file an ethics complaint and ask Attorney General Bill McCollum’s office to look into it.
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Chief Financial Officer Alex Sink is outraged over high-ranking transportation officials’ use of code words in e-mails, possibly to avoid being captured by public records requests.

The Palm Beach Post reported this weekend that Florida Department of Transportation Secretary Stephanie Kopelousos and Deputy Secretary Kevin Thibault exchanged messages in November with “pancakes” and “french toast” as the subject lines in e-mails crafting the sweeping rail bill lawmakers approved last week.

The messages had nothing to do with breakfast.

The officials should quit if the messages were intended to subvert the state’s broad public records laws, Sink said.

“We live in the Sunshine State, and this is not the way the people’s business should be done. Those who acted this way should be held accountable, which is why if anyone at the Department of Transportation was involved in this activity, including Secretary Kopelousos, they should immediately resign,” Sink, a Democrat who is running for governor, said in a statement this morning.

In another message, FDOT attorney Bruce Conroy advises FDOT general counsel Alexis Yarbrough not to reply to a chain of messages concerning whether the department needed to change state law to broaden its powers over high speed rail projects.

“Fyi below to discuss in lieu of emails,” Conroy wrote on Oct. 19.

Thousands of e-mails from state transportation officials revealed that CSX - the transportation giant that stands to get at least $432 million from taxpayers in a deal to build a Central Florida commuter rail line - played a major role in crafting the legislation.

The Florida Senate gave a final thumbs-up on a rail bill that is now headed to Gov. Charlie Crist, who has pledged to sign it into law.

The third time was the charm for the chamber, which passed it with a 27-10 vote but had twice before refused to sign off on a Central Florida commuter rail project called “SunRail” included in the measure.

The House passed the bill yesterday and a last-minute deal between the AFL-CIO, the Department of Transportation and Tri-Rail officials paved the way for its passage in the Senate.

The bill includes up to $15 million a year for Tri-Rail, enough to keep its current 50 trains-a-day running. That will keep the commuter line and the state from having to pay back $256 million in federal funds that would have to be returned if the schedule had been cut.

The measure also allows state transportation officials to move forward with the purchase of 61 miles of railroad track from CSX Inc. for the SunRail Central Florida commuter project. That commuter line will run from Poinciana to Maitland and was another sticking point in the Senate.

The bill creates two statewide panels to oversee passenger rail and diverts $60 million a year from real estate sales taxes to be spent on rail projects beginning in 2014.

The Florida Senate is poised to take a final vote on a rail bill approved by the House yesterday after less than two hours of debate.

The measure faced fierce opposition in the Senate but a last-minute deal cut by the AFL-CIO, the Department of Transportation and Tri-Rail cleared the way for its passage.

Leaders of the union, which has 500,000 members, had strenuously objected to the measure throughout the special session because, they said, it created a policy that would have had a negative impact on the state’s 7,000 railroad workers.

But the deal preserved up to 184 jobs for employees of CSX Inc. who work on Tri-Rail and what will become SunRail.

The deal combined with up to $15 million included in the measure for Tri-Rail is likely to sway some Democrats who had planned to vote against the measure.

Lawmakers had given themselves until Friday to finish up the special rail session.

The Senate did not make any changes to the House bill so once it passes it will go directly to Gov. Charlie Crist, a proponent of the proposal who will sign it into law.

A last-minute deal between the AFL-CIO, Tri-Rail and state transportation officials has satisfied union leaders that their workers won’t be laid off under a bill now being debated in the Senate.

The union had opposed the measure, which the House passed easily yesterday.

The labor issue posed a threat to its passage in the Republican-dominated Senate despite the support of GOP leaders including Senate President Jeff Atwater.

The Senate could take a final vote on the measure as early as this evening.

The side deal means that the Senate is poised to pass the same bill the House approved by an 84-25 vote yesterday. Once passed by the Senate, it goes to Gov. Charlie Crist - one of its biggest supporters - for final approval.

The Senate Judiciary Committee narrowly passed a rail bill that the House easily approved yesterday but for the third time faces a serious challenge in the Senate.

As in its first committee yesterday, the bill passed by a 5-4 vote.

Contentious testimony this morning centered on the controversial “SunRail” Central Florida commuter rail deal in which the state will pay Jacksonville-based CSX Inc. $641 million for 61 miles of track from Deland to Poinciana. The transportation giant would be able to continue to operate its freight on the line in exchange for a $1 a year payment to the state.

Who would pay for accidents on the line was the heart of the debate in the committee this morning.

The proposal would cap liability for CSX - even if freight operator is at fault - at $10 million. The state would be on the hook for the rest of the damages, which have run into hundreds of millions of dollars in other states.

Why wouldn’t Florida do the same as some other states that make freight operators liable for criminal negligence, Sen. Dan Gelber, a lawyer, asked committee Chairman Joe Negron.

“It’s because of pleading requirements and other issues that arise in indemnification agreements we’ve made the choice that we’ve made,” Negron, R-Stuart, said.

Gelber wasn’t satisfied.

“What we’re really doing in this is we’re allowing a private company to insure itself for criminal misconduct, for wanton misconduct, for gross negligence, for gross recklessness which nowhere else in Florida have we ever done. We’ve never done that by statute. So this is a major move,” said Gelber, D-Miami Beach, who was on the losing side of the vote.

The measure is now being heard in the Senate Transportation and Economic Development Appropriations Committee, where it is also expected to pass.

The Senate will debate the bill on the floor this afternoon.

A sweeping rail bill narrowly passed its first committee in the Senate by a 5-4 vote after being approved by the House earlier today.

The Senate Transportation Committee approved the measure after two hours of testimony and questions and a lot of distancing by Senate sponsor Jeremy Ring on what the bill is not about.

It’s not about SunRail, he repeatedly asserted. SunRail is the controversial Central Florida commuter rail project that the Senate failed to approve twice before, most recently in May.

It is unclear yet whether Ring has the votes in the Senate to pass the bill (HB 1). Republicans in the Senate are split over the bill in part because of the SunRail deal in which state transportation officials have already agreed to pay CSX Inc. $641 million for 61 miles of track around Orlando. In exchange, the transportation giant can continue to run its freight cars on the line for $1 a year.

A last-minute addition to the committee made Friday secured its passage.

Senate President Jeff Atwater placed Sen. Mike Fasano, chairman of the Senate Transportation and Economic Development Appropriations Committee and a SunRail supporter, on the committee late Friday to replace Sen. Larcenia Bullard, who was hospitalized.

Without Fasano’s “yes” vote today, the bill would have died.

Two more Senate committees will vote on the bill tomorrow before it goes to the floor for debate tomorrow afternoon.

A heated exchange took place in the Senate Democratic Caucus meeting this afternoon over the sweeping rail proposal that is the topic of the special session now underway.

Conspicuously absent from the meeting were representatives of the state Department of Transportation, responsible for a controversial $641 million deal with transportation giant CSX Inc.

A provision included in the bill that would allow state transportation officials to unlink union jobs from railroads has put the measure in jeopardy in the Senate.

A frustrated Sen. Tony Hill, a former longshoreman and union organizer, demanded that fellow Democrat Jeremy Ring, the bill’s Senate sponsor, fix the measure to ensure that union workers won’t lose their jobs.

“Get it right. Get it right. It’s your bill. Get it right,” Hill, D-Jacksonville, told Ring.

The bill is either all about jobs or has nothing to do with jobs, depending on who is talking and what day of the week it is.

About 138 Tri-Rail workers would get pink slips if the bill passes, union representatives say.

That’s not true, countered South Florida Regional Transportation Authority Chairman Jeff Koons, also a Palm Beach County Commissioner.

He claimed the only way Tri-Rail workers will be out of a job is if the controversial bill does not pass because the commuter rail system won’t get the extra $15 million a year included in the measure. Without that, he said, Tri-Rail won’t be able to run its full schedule.

“We are holding our nose. We are supporting this agreement,” Koons told the packed conference room.

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Sen. Ronda Storms complained repeatedly about the rushed special session schedule and what she said is not enough time in a three-hour committee meeting held today to vet a 49-page bill dealing with a variety of rail issues.

She said she’s spent more time shopping for a computer than was devoted to the bill during the three-hour “workshop.”

“As a professional I want the chair to know that I object to the lack of time that we’ve been given,” Storms, R-Valrico, began her line of questions.

Storms likened the omnibus package to the federal bank bail-out package that was pushed through, she said, at the 11th hour and failed to result in the economic boost it promised.

She then launched into an attack on bill sponsor Sen. Jeremy Ring’s contention that the 15,000 who use Tri-Rail every day - two thirds of whom take it to work - will lose their jobs without the Tri-Rail fix included in the measure.

“Suddenly they’ll just be flopping around out there without transportation? That does not speak to me,” Storms said.

Storms prefaced each of her questions with gripes about the rushed scheduled slammed up against the Christmas holidays.

Transportation Committee Chairman and SunRail supporter Andy Gardiner had enough.

“Sen. Storms, I’ve heard the comment. We’re familiar with your position on this. The summary of this bill was sent out on Monday. This is a workshop…there is time over the weekend to review this,” Gardiner, R-Orlando. “I’ve heard ya. And I understand that. But please understand this is just the first opportunity.”

The Senate is expected to vote on the bill on Tuesday.

Senate President Jeff Atwater and his GOP lieutenants insist that the rail proposal now being considered in a special session that opened today has nothing to do with a controversial Central Florida commuter line known as “SunRail.”

That’s probably a wise maneuver since Senators twice failed to pass measures that would have allowed the state Department of Transportation to move forward with a deal paying CSX Inc. $641 million for 61 miles of track to start the commuter line and allow CSX to continue to run freight on the line for $1 a year.

Yet the first committee to take up the 49-page bill in a workshop this morning spent nearly the entire three hours discussing the SunRail project that the measure is supposedly not about.

And Tri-Rail got a fair amount of attention, too.

Sen. Paula Dockery, who’s hoping to ride a victory in the death of the SunRail deal earlier this year to the governor’s mansion, led the charge against SunRail with some simple questions about Tri-Rail.

The proposal will give up to a $15 million helping hand to Tri-Rail that, like every other public transit system in the country, loses money every year.

And it will bring thousands of jobs, said Sen. Jeremy Ring, the bill’s sponsor.

“How many jobs were created when Tri-Rail went into existence 20 years ago,” Dockery asked Ring.

Ring said that the 20-year-old commuter line has 330 employees.
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Forget the connecting-flight hassles or treadwear worries. You can experience the excitement of a Tallahassee special legislative session in your rumpus room or on your laptop thanks to Palm Beach County government Channel 20. Channel 20 is providing gavel-to-gavel coverage of the special legislative session on rail issues that began today. It’s available on most local cable systems or at pbcgov.com

Lawmakers are preparing to start a 10-day session on rail issues that in part could keep Tri-Rail on track.

The 49-page bill legislators will consider includes an extra $13 million to $15 million a year for Tri-Rail that’s been operating at a deficit since its inception two decades ago.

That’s “probably as good as we could get right now,” said Palm Beach County Commissioner Jeff Koons, who is also chairman of the South Florida Regional Transportation Authority that oversees Tri-Rail.

That’s a big deal for leaders in Palm Beach, Miami-Dade and Broward counties where Tri-Rail runs. Federal officials have threatened to ask the counties to give back more than $200 million if Tri-Rail service is cut back as officials there have threatened.

Tri-Rail is paid for by the state, rider fares and the three counties in which it runs - Palm Beach, Broward and Miami-Dade.

But the commuter line used by 15,000 riders daily has operated in the red by about $15 million every year.

Leaders in the three counties say they don’t have the money to make up the deficit and state lawmakers have refused to grant them the $2 rental car surcharge (also known as a tax) they’ve sought to cover their losses.

Now, state lawmakers are willing to fork over $13 million to $15 million a year to keep Tri-Rail on track to prove to federal lawmakers that Florida is serious about commuter rail. That way, the state will have a better chance at getting some of the $8 billion in stimulus money for high-speed rail projects.

The money will come from gas taxes and other fuel fees and should qualify as a “dedicated funding source” federal officials are seeking, Palm Beach County Commissioner Jeff Koons said.

“I think we ended up in the middle in the sense that we didn’t get our funding source but then a reallocation of those dollars is probably as good as we could get right now,” Koons said.

House Speaker Larry Cretul’s offer to black lawmakers who will miss the first two days of the special session because of a conference they are attending is not a compromise, his spokeswoman Jill Chamberlain said.

And if there was any doubt, Cretul made it clear at a press conference this afternoon that the lawmakers should be in Tallahassee as they are constitutionally required.

“I’ve been doing this a long time, both at the local level and now for the past seven years at the state level.
This job comes with a lot of demands and a lot of requirements. And oftentimes some inconvenience, an inconvenience on both a personal level and a professional level,” Cretul, R-Ocala, said. “It’s just part of the job. Any time that you’re elected or have a role of responsibility you have to keep in focus just what the duties of the responsibility are…It is our job as being part of the Florida Legislature. It is our job not only constitutionally but personally to be sure that we don’t inconvenience and neglect what we’re here for.”

The black members are hosting the National Black Caucus of State Legislators’ annual conference in Ft. Lauderdale, an event that began today and lasts through Saturday. Sen. Arthenia Joyner, D-Tampa, is chairing the gala which was two years in the planning.

Cretul said he’s letting two members participate in a committee meeting tomorrow by telephone and will hold a briefing late Sunday or early Monday for any members who want to attend.

And he’ll allow them to file amendments on the floor.

But Cretul already had planned the briefing and would have allowed the floor amendments anyway, Chamberlain said, even before House Democrats began demanding that the session be delayed until Monday to accommodate the black caucus.

Cretul insisted time constraints determined that the session would have to begin tomorrow and end by next Friday.

House Speaker Larry Cretul offered a compromise of sorts with black lawmakers after refusing to delay the special session to accommodate a scheduling conflict.

The black members are hosting the National Black Caucus of State Legislators’ annual conference in Ft. Lauderdale, an event that began today. Sen. Arthenia Joyner, D-Tampa, is chairing the gala which was two years in the planning.
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House Democrats asked Cretul repeatedly to postpone the session, which begins Thursday and lasts through next Friday, until the conference ends this weekend.

He turned them down saying that he had promised Senate President Jeff Atwater the House would send a bill over to the Senate by Monday afternoon.

Now, Cretul is having a briefing session for the black lawmakers - all but one of whom are Democrats - next week and will allow them to offer amendments to the bill on second and third reading.

“They weren’t backing down. We weren’t backing down. So this avoided a confrontation,” said Rep. Joe Gibbons, D-Hallandale Beach, who is attending the conference.
But, he added: “We’re not happy with it.”

He said it was disrespectful of GOP legislative leaders to schedule the special session during the time when they knew the conference was taking place.

Cretul and Atwater have offered excused absences for black lawmakers who are at the event.

“We would be totally embarrassed, nationally, by not being here. We have people from the White House here, from Congress here, from all over the nation,” Gibbons said. “It would be like we invite them to dinner at our house and then we’re not going to be home.”

Democrats in the House, Chief Financial Officer Alex Sink and black state lawmakers are asking legislative leaders to put the brakes on a special session on rail until Monday to accommodate the black lawmakers’ national conference being held this week in Ft. Lauderdale.

Many of the state’s black House and Senate members will be at the event as hosts of the National Black Caucus of State Legislators’ annual conference. The conference has been in the works for two years and many members have already plunked down the cash to attend the fete that runs from Wednesday through Saturday.

Too bad, House Speaker Larry Cretul wrote in a memo today sent to all House members.

He said the black lawmakers - all but one of whom are Democrats - can get an excused absence but that’s about it.

“We all share the burdens of public office, which can be especially frustrating during this season. However, it is our duty to assemble when the needs of our state require it. I am confident that this Session is important to Florida. The issue before us means jobs for Floridians and building part of our state’s transportation future. I appreciate your willingness to undertake these important duties,” Cretul, R-Ocala, wrote.

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The third time may be the charm for the controversial Central Florida commuter rail project called SunRail.

A special session dealing with SunRail and South Florida’s ailing Tri-Rail system will begin Thursday at 9 a.m.

House Speaker Larry Cretul issued a memo this afternoon saying he plans for the House to vote on the bill on Monday and for the Senate to vote on it on Wednesday.

Cretul, R-Ocala, said he and Atwater have agreed in principal on the proposal, which apparently exists but has not yet been distributed to most lawmakers, if any.

Money for Tri-Rail will come from the state road project fund and money for Sunrail and other rail projects will come from doc stamps from home sales.

PDF: Summary of proposed statewide rail transit legislation

A special session on rail issues is likely to begin in the first week of December.

Senate President Jeff Atwater and House Speaker Larry Cretul will likely call the special session “in the next few days,” according to a memos Atwater and Cretul sent to their members today.

The leaders told lawmakers to clear their schedules for Dec. 3 through Dec. 10 and that work would be completed before Hannukah begins on Dec. 11. The special session would coincide with the committee week already slated for Dec. 7.

Gov. Charlie Crist has pushed for the special session this year to take advantage of federal transportation money for state rail projects.

Lawmakers risk losing out on the funds if they wait until the regular session convenes in March to address the issues.

That special session would give them a third chance at reaching a deal on a proposed Central Florida commuter rail sytem, SunRail, and a financial fix for the flailing Tri-Rail commuter system.

Bowing to pressure from federal officials, Sen. Jeff Atwater said today he’d like a December special session to address rail issues.

Gov. Charlie Crist said this afternoon that he would welcome the reconsideration of a controversial commuter rail project that lawmakers failed to pass in the spring and another stab at a gambling compact with the Seminoles.

“That’s a great idea,” Crist said.

Senate President Jeff Atwater, meeting with leaders from Congress and the White House today over Medicaid and rail transit issues said he wants a December special session to show the federal government that Florida needs $2.5 billion in federal stimulus money for high-speed rail.

“The President would like to give the Federal government an answer by the end of the year, December being the earliest we could feasibly have a special session. He plans to talk with the Speaker, Governor and Senate members in coming days,” Atwater’s spokeswoman Jaryn Emhof said in an e-mail.

Here’s our front-page story this morning on some of the issues facing high-speed rail in Florida.

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