Gov. Rick Scott defended his decision to allow a controversial Central Florida commuter rail project to move forward, saying he legally had no authority to block the $1.5 billion SunRail line as he did when rejecting $2.4 billion in federal funds for high-speed rail.

Scott, a tea party favorite, put SunRail on hold when he took office in January, freezing four contracts totaling $235 million. Tea party activists, railing against the commuter line, met privately with Scott to urge him to axe it.

Scott earned national headlines when he said ‘no thanks’ to $2.4 billion in federal stimulus funds for high-speed rail. Two lawmakers – one of them a fellow Republican – sued Scott but failed to convince the courts that Scott had overstepped his authority in sending back the money.

Scott said his lawyers told him there was a “significant risk” he would have lost a similar court challenge had he tried to block the commuter project.

“These are two totally different projects,” Scott told newspaper executives at the annual Florida Press Association and Florida Society of Newspaper Editors meeting at the Renaissance Vinoy Hotel in St. Petersburg. “It’s like comparing apples to oranges.”

Local officials’ pledge to cover cost overruns gave Scott some security in approving the project, backed by powerful GOP legislators including House Speaker Dean Cannon of Winter Park – and local officials of both parties.

Even so, he said, “I don’t know that I would have made the decision to go forward with this if I had been around three or four years ago.”

Gov. Rick Scott is bearing down on the $69.7 billion budget — scheduling  a full, 9 a.m. to 5 p.m., Saturday’s worth of work on the spending plan approved by lawmakers earlier this month.

Scott has until June 1 to act on the measure. He’s already said “savings” will emerge from the plan when he’s done — a hint that some level of vetoes are in store. And organizations ranging from environmental groups to educators and transportation industry advocates are offering advice on what to veto, or not.

For what it’s worth, Scott apparently is knocking off an hour before California radio preacher Harold Camping is predicting the beginning of the end of the world.

A House committee approved a plan Wednesday to repeal red-light cameras that is pushed by a possible future speaker, but not before fellow Republicans acknowledged they had problems with the measure.

Rep. Richard Corcoran, R-New Port Richey, managed to get his bill (CS/HB 4087) through the Appropriations Committee on a 13-9 vote. Several Republicans said repealing the red light law approved last year would be a step backward in public safety — a point Corcoran disputed.

“This bill is about public safety and what we have to achieve is to make our intersections safer for our people, and not less safe,” said Corcoran, who said cameras now in use in many cities have caused a spike in rear-end collisions.

Corcoran, a freshman, already has been chosen by fellow Republicans to become House speaker following the 2016 elections.

 That gives Corcoran plenty of influence.  But on repealing red light cameras, he faces long odds.

The Senate has shown little interest in the legislation, even as Wednesday’s vote clears it  for the House floor. There, Corcoran looks like he’s in for a fight.

“I’ve heard a lot of big brother issues raised here,” said Rep. Ed Hooper, R-Clearwater. “And I like personal freedom as much as anyone. But I can’t travel through a speed zone at anything more than 15 mph, and I can’t run through red lights, either.”

Democratic Rep. Joe Gibbons of Pembroke Pines also said there might be plenty to dislike about red light cameras. “But saving lives outweighs anything bad,” Gibbons said.  (more…)

Florida lawmakers did a U-turn Thursday on the red-light cameras they approved only last year — with a House committee approving a proposal to outlaw the devices being installed by dozens of cities.

Rep. Richard Corcoran, R-New Port Richey, told the Economic Affairs Committee the cameras intrude on the privacy rights of motorists, centering most of his argument on civil liberty issues.

Cities, including West Palm Beach, have been struggling with the new cameras. Some have not been drawing the significant revenue they’d hoped for through fine collections, with motorists successfully challenging citations in court.

West Palm Beach officials have  lately landed more of the $150 fines from motorists accused of running red lights — but only after bringing in some top shelf attorneys to represent the city in court.

“When you have these kinds of technological advantages to police, it’s just not fair,” said Corcoran, first elected last fall but already tapped to become House speaker in 2017. “Let’s repeal this bill and look at all these technological issues from the bottom up.”

Corcoran’s bill narrowly cleared the committee on a 10-8 vote — with most Republicans supporting their rising leader. Democrats were opposed, saying the cameras deserve more time to work in cities — and that they do save lives.

Rep. Evan Jenne, D-Fort Lauderdale, acknowledged Corcoran’s freedom argument. “But you don’t have the freedom to break the law,” Jenne said.

The state’s Revenue Estimating Conference projected the red light cameras would bring in roughly $100 million into the state and $75 million into local governments over two years.

Lawmakers eager to save money are considering merging four expressway and bridge authorities under the Florida Turnpike Enterprise – a move certain to prompt controversy but which could save $24 million, supporters said.

Road authorities in the Orlando and Tampa area would be made part of the state system, along with two Panhandle bridge authorities.

Sen. Don Gaetz, a Niceville Republican, acknowledged the move was designed to stabilize his region’s Santa Rosa Bay Bridge Authority, currently running a $5 million deficit.

“It’s a money loser,” said Gaetz, whosaid the state could pocket staffing and infrastructure costs by consolidating the authorities. “We’re trying to find a way to help this sick puppy.”

The move also would increase the bonding power of the Florida Turnpike by $3.5 billion – allowing for more roadwork that could turn into more jobs, said Gaetz, who is spearheading the move as chairman of a Senate transportation budget panel.

Can Gaetz pull off the massive re-org? Much may depend on the political bargaining power the road authorities may hold. Orlando and Tampa’s road boards have had some powerful patrons through the years. 

But Florida’s regional road authorities also usually seem only an exit ramp or two away from trouble. A grand jury two years ago accused the Orlando-area authority of making vendors face an “organized shakedown” that yielded campaign contributions for some of the region’s top elected officials.

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.

Lawmakers in the House are debating the 49-page proposal that would pave the way for a $2.2 billion Central Florida commuter rail system, create a statewide rail authority and keep Tri-Rail rolling.

GOP House leaders – who have been heated critics of President Barack Obama’s stimulus spending – say they’re doing all that to increase Florida’s chances of getting a slice of the $8 billion in federal stimulus funds for high-speed rail projects being doled out in January. The state’s applied for four projects totaling about $3.7 billion.

After 20 years of Tri-Rail’s operating in the red, why the rush to bail out the South Florida commuter line – the state’s only existing one – now?

Because U.S. Department of Transportation Secretary Ray LaHood said so.

“There’s a commitment at the federal level to get into the passenger rail business like it never has before,” LaHood told SunRail supporters in Orlando in October. “But, the only way it will pay off is if the State Legislature gets its act together.”
(more…)

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.
(more…)

The Senate kicked off the special session this morning setting into motion a financial fix for Tri-Rail, a thumbs-up on a Central Florida commuter line and the possibility of bringing in billions of federal dollars for high-speed rail projects.

This is the third time around for the controversial Central Florida commuter project known as “SunRail.” The Senate killed the deal – already signed off on by the Department of Transportation – twice, most recently in May.

Critics in the Senate, led by Paula Dockery, objected to the deal in which the state will pay transportation giant CSX Inc. more than $500 million for 61 miles of track for the commuter line. CSX will still be operate its freight on the line in exchange for a payment to the state of $1 per year.

The SunRail deal died in the Senate during the regular legislative session by a 23-16 vote. Atwater, R-North Palm Beach, now apparently has 21 of the 40 senators on his side – just the amount he needs to get the bill passed.

Atwater said the legislation will bring thousands of jobs to the state and boost its flagging economy.

“This is indeed time for visionaries,” Atwater said during a brief opening session this morning. “A time when the people of florida are demanding action and are desperate for relief.”

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

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.

Florida labor unions blasted state transportation officials for refusing to back down from a proposal to do away with union workers on railroads.

Lawmakers are expected to meet later this week in a special session to vote on commuter rail issues in an effort to tap into nearly $4 billion in federal stimulus money for transportation projects being doled out in January.

At issue is the controversial Central Florida SunRail commuter rail project that lawmakers failed to approve during the past two regular legislative sessions.

Florida Department of Transportation officials already signed off on a deal in which the state would pay transportation behemoth CSX Inc. about $500 million for 61 miles of track and upgrades to its railyards and continue to be able to haul freight on the line that would also be used as a commuter system.

The unions accuse FDOT of refusing to negotiate with them over language in a proposed bill that would effectively prohibit union laborers from working on the construction of new projects or on the SunRail line.

Mike Williams, head of the state AFL-CIO, called the effort “government-sanctioned union busting at its very best.”

FDOT officials have not yet responded to the accusations.

SunRail has the backing of prominent GOP lawmakers, including Gov. Charlie Crist.

The session is also supposed to include a fix for the financially ailing Tri-Rail line.

Next week’s special session to prove the state’s commitment to commuter rail could go nowhere without concessions to unions.

Senate President Jeff Atwater is trying to round up support for a Central Florida commuter line by linking it to a financial fix for the flailing Tri-Rail to draw down federal money for a third project, a high-speed line linking Tampa, Orlando and Miami.

The bill’s been negotiated by House and Senate leaders and the governor’s office behind closed doors throughout the month.

But Atwater’s ability to pass the measure in the Senate could hinge on two key Democratic senators: Democratic Leader Al Lawson of Tallahassee and Tony Hill of Jacksonville.

The labor unions were part of a coalition that killed the Central Florida SunRail deal despite backing from powerful GOP lawmakers and Gov. Charlie Crist.

Now the unions are pressuring Lawson and Hill to oppose the measure that is expected to include a provision that would allow SunRail to operate without union workers and do away with some Tri-Rail union jobs.

It might be hard for Lawson and Hill to turn their backs on the unions next week.

(more…)

Grover Norquist warned lawmakers not to vote for a rental car surcharge to subsidize financially flailing Tri-Rail as officials consider a special session on rail issues as early as next month.

Norquist, head of Washington, D.C.-based Americans for Tax Reform, sent legislators and Gov. Charlie Crist a letter today urging them to forget about the rental car tax.

They’re trying to reach consensus on SunRail, the controversial Central Florida commuter line that lawmakers failed to pass for two years in a row, by including the provision for the South Florida commuter rail.

And they’re trying to convince federal lawmakers that they’re committed to light rail although Tri-Rail lacks a dedicated funding source and ran more than $80 million in the red last year.

That’s because they want to get federal transportation funding for new rail projects Sunrail.

Crist, a SunRail supporter, is urging House and Senate leaders to call a special session as early as next month to deal with the commuter rail project and said today he supports giving voters in Palm Beach, Broward and Miami-Dade counties where Tri-Rail operates the chance to decide whether they want the surcharge.

Lawmakers did previously pass the surcharge but Gov. Jeb Bush vetoed it.

Whether voters approve it or not doesn’t appear to make a difference to Norquist.

“Despite allowing for ‘protections’ such as those in SB 1212 that would bring a tax hike to referendum, allowing a tax hike is still a bad idea,” Norquist wrote. “Facilitating a clear path that allows others to raise taxes is itself an act supporting tax increases.”

Sen. Paula Dockery’s taking her commuter rail clout on board Tri-Rail next week to learn more about the beleaguered South Florida commuter train.

Dockery, a Lakeland Republican, carved out a niche in train transportation by single-handedly derailing the controversial Central Florida commuter system during the legislative session that ended in May.

Dockery objected to the state paying more than $400 million to transportation behemoth CSX Inc. for track and rail yard improvements. Lawmakers failed to approve the deal despite the support of Gov. Charlie Crist, House Speaker-to-be Dean Cannon and other GOP leaders.

More than 1,000 Tri-Rail riders have e-mailed Dockery in the past three months objecting to reductions in service caused by the legislature’s failure to come up with the cash to keep the system on course, she said in a press release.

On top of that, the state may have to give more than $250 million back to the feds if Tri-Rail officials cut back on service as planned.

Dockery, who is mulling a run for governor, will ride the rails from West Palm Beach to Fort Lauderdale on Monday.

Democratic Sens. Dave Aronberg of Greenacres and Nan Rich of Weston will join Dockery for part of the ride.