(The following editorial appeared on the Orlando Sentinel website on December 14.)
ORLANDO, Fla. — Just because it’s the right thing for Florida doesn’t mean lawmakers in Tallahassee will support it.
Commuter rail’s the right thing, and the Legislature opposed it last May.
Commuter rail would remove cars and SUVs from Central Florida’s gridlocked roads by giving commuters an environmentally friendly alternative. It’s cheap, costing a fraction of a new lane of highway and a bargain for riders with round-trip fares averaging $2.50.
And the 61-mile route, slated to run from DeLand through Orlando to Poinciana, should spawn other rail systems. That’s why business groups in Tampa and Jacksonville are supporting it.
The Legislature, however, stalled it. Senators caved to threats made against them by trial lawyers who despise limits the system would place on their ability to sue in case of accidents. And they failed to set straight a host of deceptive claims leveled against it by commuter rail’s lead opponent, Sen. Paula Dockery of Lakeland.
Today, commuter rail’s lead advocates insist they’re better prepared to get it through Tallahassee. They’re not taking what’s right for Florida for granted. But just how likely are they to deliver it?
Supporters say they’re better positioned to fight for it.
That’s true. Sen. Lee Constantine and Sen. Andy Gardiner, two of commuter rail’s strongest supporters, have landed chairmanships of two critically important Senate committees: Judiciary and Transportation. In May, trial lawyer-lackey and commuter-rail saboteur Alex Villalobos chaired Judiciary, forcing the project’s supporters to bypass his committee — something they could only do with two-thirds of the Senate’s vote. They came up short. Mr. Constantine promises a fair hearing under his watch.
Still, it’ll be a challenge just getting the simple majority needed for commuter rail to pass the Senate. Sen. Gary Siplin’s strong advocacy of it could make a difference. He supported it only at the end of the last session, trying first to land funding for other constituent projects in exchange for his vote. But Mr. Siplin couldn’t do more to benefit his constituents, many of whom lack transportation options, than helping secure commuter rail. Leadership from him would turn heads, lifting the senator’s legacy in his last term in office.
In the state House of Representatives, commuter rail passed, thanks in part to the strength of Rep. Dean Cannon. He’s leading the effort again.
Supporters say they’ll get the attorneys on board.
We’ll see. But they look like they’re going about it in the right way. They appear eager to reach an accommodation rather than handing the lawyers and the senators they influence a fait accompli. The “take it or leave it” approach left commuter rail a wreck — though its terms seemed fair.
They reflected most of the terms on liability already in place for Tri-Rail, which serves Miami, Fort Lauderdale and West Palm Beach. And those that differed from Tri-Rail actually gave attorneys representing victims of a possible future accident more room to work with.
The state and CSX Corp., which is selling Florida the tracks but which will run some freight trains on them, agreed to carry $200 million in liability insurance — $75 million more than Tri-Rail has maintained.
But what the trial attorneys hated most was an agreement giving contractors running commuter-rail immunity from lawsuits. It’s something commuter-rail systems across the country do. It’s what Tri-Rail does. It’s what Ms. Dockery, even, once voted for. Now, though, the state may try defusing the issue by employing the operators. The state’s sovereign-immunity protection would then cover accidents involving them.
Instead of state Department of Transportation officials negotiating the legal minefield with legislators and the lawyers, this time Mayor Buddy Dyer, who chairs Central Florida’s commuter-rail commission, gets the honor. It’s an intriguing, promising matchup. Trial lawyers have supported the Democratic mayor, who formerly served in Tallahassee as Senate minority leader. We expect that should make for more-constructive negotiations with both the lawyers and the legislators.
Supporters say they can handle Ms. Dockery’s attacks.
They should, because her attacks are hollow. Partly driving Ms. Dockery’s antipathy toward commuter rail is the contention that it will forestall what she really wants for her region — high-speed rail. Only it won’t. Building a commuter-rail system in Florida instead would help convince federal lawmakers that Florida lawmakers and their constituents want mass transit, making them more apt to seriously consider Florida for high-speed rail. Washington’s about to solicit applications for it from 11 regions, including one encompassing Ms. Dockery’s Senate district.
And if Ms. Dockery again wages a campaign claiming $350 million Florida is directing to commuter rail would be better spent helping communities get out from under the sagging economy, she’ll be doing commuter rail’s supporters a favor. They’re eager to echo President-elect Barack Obama, noting how transportation and infrastructure projects can bring an economy to its feet. That’s commuter rail. State DOT officials estimate it will create 11,000 jobs.
And if Ms. Dockery again plays the maudlin card like she did in the spring, claiming the money instead should go to programs that help kids, she’ll have to explain how that’s possible. The vast majority is set aside for the commuter-rail project in a five-year transportation trust fund. It’s not available for schools or community centers.
Supporters say they’re pulling out the stops.
Yes and no. Leading advocates for commuter rail admit they realized too late in April that they had underestimated the opposition. Already in advance of next year’s session, U.S. Rep. John Mica, who secured more than $300 million for the project from Washington, is meeting with business groups and elected officials throughout Florida. He hopes the former will convince the latter it’s in their region’s interest that they vote for it. Good move.
Mr. Mica’s also meeting with Gov. Charlie Crist and Lt. Gov. Jeff Kottcamp, encouraging the two attorneys to help steer commuter rail through the next session by calming the trial-lawyers lobby. Other supporters also say they’ll bend Mr. Crist’s ear.
But still others, including Mr. Dyer, seem too ready to count on Mr. Crist. Commuter rail’s the kind of clean transportation alternative the governor has said Florida needs. But Mr. Crist last week merely said he’ll probably push more for commuter rail than he did last year because “most issues” concerning it are attractive to him. Strong statement, Mr. Dyer said. We think not.
The governor may like the idea of commuter rail, but he’s also the recipient of more than $1 million in contributions from the trial lawyers. He waited till the last day of the legislative session before trying, unsuccessfully, to help pass it. He needs a push.
Everyone wanting commuter rail needs to push for it harder if it’s to make its way here.