Two senators who challenged Gov. Rick Scott’s authority to kill a high-speed rail project failed to make their case, the Florida Supreme Court ruled today.

And Scott reiterated his rejection of $2.4 billion in federal stimulus funds for the project this morning in a telephone call with U.S. Transportation Secretary Ray LaHood, likely meaning the money will go to other states.

“The Governor is gratified that the court provided a clear and unanimous decision, he is now focused on moving forward with infrastructure projects that create long-term jobs and turn Florida’s economy around. He also spoke with US DOT Secretary LaHood this morning and informed him that Florida will focus on other infrastructure projects and will not move forward with any federal high speed rail plan,” Scott’s spokesman Brian Burgess said in a statement.

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The latest salvo in a constitutional battle over who’s got the power to get a high-speed train on track in Florida came from two senators suing Gov. Rick Scott over his refusal to accept $2.4 billion in federal funds for the project.

Sens. Thad Altman, R-Rockledge, and Arthenia Joyner, D-Tampa, allege in their suit filed yesterday that Scott overstepped his authority by rejecting the funds, part of which lawmakers had already appropriated, and scrapping the project that they had created in state law.

Scott fired back today that the senators were simply miffed their “policy preferences” hadn’t prevailed in the political realm, and that the high court couldn’t micromanage the Legislature or governor to spend federal money that hadn’t been appropriated yet.

Now, the bipartisan pair issued their response to his response.

“Respondent has set up a fake argument just in order to tear it down. Petitioners are not asking this Court to direct the Respondent how to manage the construction of the high speed rail in Florida. Instead, the Petitioners are simply asking this Court to direct the Respondent that he does not have the jurisdiction or authority as granted by the laws of this State (which he is obligated to faithfully execute) to take the action he has taken in rejecting a specific appropriation of $130.8 million; federal grants amounting to $2.4 billion subject to statutory authority; dedicated funding pursuant to the Florida Rail Act of $60 million per year; and thus the entire high speed rail project,” their lawyers wrote.

Their filing this afternoon is probably the last stop for the fast-tracked lawsuit for today.

The court ordered oral arguments at 3 p.m. tomorrow to get a decision in time for the Friday deadline set by the White House for Scott to change his mind.

The Florida Supreme Court ordered oral arguments tomorrow at 3 p.m. on a lawsuit filed by two senators against Gov. Rick Scott over his nixing of a high-speed rail project.

The suit, filed by Sens. Thad Altman, R-Rockledge, and Arthenia Joyner, D-Tampa, accuses Scott of overstepping his authority when he rejected $2.4 billion in federal stimulus funds for a Tampa-to-Orlando rail project already approved by the legislature and his predecessor Charlie Crist.

Scott argued in his response that it was his privilege to turn down the money and that, at best, the court could order him to spend the $130.8 million already appropriated by the legislature for the project “to build a few miles of railroad for no apparent purpose”

If they did that, the “Court will have created the high-speed railroad to nowhere,” Scott’s response reads.

A lawsuit filed by two senators challenging Gov. Rick Scott‘s authority to reject $2.4 billion in federal funds for a high-speed rail project “is based on mischaracterizations and omissions of fact,” the governor’s lawyers wrote in a response filed shortly before noon today.

Scott scolds Sens. Arthenia Joyner, a Tampa Democrat, and Thad Altman, a Rockledge Republican, for overstepping their bounds by asking the court to force Scott to accept the funds even though Senate President Mike Haridopolos has vowed not to spend any money on the project this year. In the response, Scott insists he will veto any appropriations for the project should they make it into the budget.

In the opening line of Scott’s 29-page response, the governor’s legal team call Joyner and Altman “State Senators whose policy preferences have not prevailed in the political process” and frequently disparage the Tampa-to-Orlando rail project that would eventually link to Miami.

“Fortunately for the taxpayers of Florida, nothing in Florida law compels the Governor or the (Florida Rail Enterprise) to pour millions of dollars into a black hole during the historic fiscal crisis with which the State is presently grappling,” Scott’s general counsel Charles Trippe wrote.
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UPDATE: Gov. Scott issued this statement about the lawsuit:
“My position remains unchanged, I’ve yet to see any evidence that Florida taxpayers would not be on the hook. Senators Altman and Joyner’s disrespect for taxpayers is clear by their lawsuit trying to force the state to spend this money.”

The Florida Supreme Court gave Gov. Rick Scott until noon tomorrow to respond to a lawsuit filed today by two state senators challenging the governor’s authority to reject $2.4 billion in federal funds for a high-speed rail project.

Sens. Thad Altman, a Republican from Melbourne, and Arthenia Joyner, a Tampa Democrat, filed the lawsuit today asking the court to order Scott to accept the money or issue an immediate injunction keeping the White House from giving the money away to other states.

Their lawsuit alleges that Scott exceeded his authority by rejecting the money that his predecessor Charlie Crist had already accepted and that lawmakers had already spent a portion of.

It’s all about the constitutional separation of powers, the bipartisan pair said at a press conference Tuesday afternoon.

“This is not a monarchy. He is not a king,” Joyner, a lawyer, said.

Meanwhile, U.S. Sen. Bill Nelson asked U.S. Transportation Department Ray LaHood to wait while the lawsuit proceeds before giving the money away. He’s already given the state two delays to give Scott more time to reconsider.

Sens. Thad Altman, a Melbourne Republican, and Arthenia Joyner, a Tampa Democrat, have filed a lawsuit against Gov. Rick Scott over his rejection of $2.4 billion from the federal government for a high-speed rail project.

The bipartisan duo asked the Florida Supreme Court to force Scott to accept the money, challenging Scott’s authority to turn down money his predecessor Charlie Crist had already accepted.

Altman and Joyner also asked the court to agree with them that Scott exceeded his authority because the legislature had already appropriated part of the funds he’s now refused.

They also want the court to issue a temporary injunction while they’re considering the case, if they decide to take it up.

Scott, with the support of tea party activists, calls the $2.7 billion project a boondoggle. He says he doesn’t believe the train will support itself and fears that taxpayers will be on the hook for cost overruns and future operations.

U.S. Transportation Secretary Ray LaHood met with Scott last week in Washington and gave Florida another week to come up with an alternate plan, something a bipartisan coalition of local, state and federal lawmakers have been scrambling to accomplish.

But Scott remains unconvinced and has given no indication he will change his mind.

A bill that would end eight years of disputes over red-light cameras is on its way to Gov. Charlie Crist’s desk.

The Senate gave final approval to the measure (HB 325) with a 30-7 vote just before noon. The House passed it last week with a 77-33 vote.

The bill would allow cities and counties to use the cameras, set fines at $158 per ticket and possibly put an end to court cases challenging local governments’ issuance of tickets without a state rule backing them up.

The proposal is Palm Beach County Commissioner Burt Aaronson’s number one priority because of an accident nearly a decade ago in which several Palm Beachers were killed in an intersection collision.

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Florida lawmakers overwhelmingly approved a measure now on its way to Gov. Charlie Crist that would prohibit adoption agencies from discriminating against gun owners.

The Senate voted 38-2 on the bill (HB 315) this morning, with Democratic Sens. Ted Deutch of Boca Raton and Frederica Wilson of Miami the only hold-outs. The House earlier unanimously passed the measure.

Story here.

Florida lawmakers have jumped on the bandwagon to stop driving-while-texting in response to a national report that found that the high-tech distraction contributed to 6,000 deaths on the road last year.

State Sen. Thad Altman, R-Melbourne, filed a bill that would ban drivers from texting on cell phones and other hand-held devices while behind the wheel.

“Sending text messages or emails while driving places both the driver and those on the road around them in danger,” Altman said in a press release. “We need additional highway safety laws in place to address the growing use of mobile devices while driving.”

There’s nothing currently on the books to stop drivers from using cell phones while they’re behind the wheel. But Altman’s bill would ban reading, typing and sending e-mails or texts while driving. Eighteen other states already have similar laws in place and Congress is considering a similar ban.