(The following story by Catherine Dolinski appeared on The Tampa Tribune website on November 18, 2009.)
TALLAHASSEE, Fla. — Gov. Charlie Crist said he is “hopefully optimistic” that lawmakers will hold a special session soon about commuter rail, which could help the state win federal aid for a high-speed rail line from Tampa to Orlando.
But Crist’s prediction Tuesday that such an announcement could arrive before Thanksgiving could be ambitious, since key parts of the proposal remain in flux. House leaders are waiting to see if the Senate can deliver the necessary 21 votes for whatever plan finally materializes, and even Crist, who has the power to call a session himself, said it is unwise “unless you believe you have the votes to get the mission accomplished. We’re trying to determine that.”
Federal transit officials have warned state leaders that Florida might lose the $2.5 billion it seeks for a high-speed rail line from Tampa to Orlando if the state does not quickly commit financial support to its commuter rail projects, SunRail and Tri-Rail.
The federal government has not set a precise deadline for action, but expects to make decisions on high-speed funding sometime this winter.
Crist said talks are ongoing with state House and Senate leaders about a session in December or January. The agenda would include funding for south Florida’s financially strapped Tri-Rail and approval for SunRail, a planned system for central Florida that Senate lawmakers have blocked for two years.
One of the biggest stumbling blocks for SunRail is the no-fault liability agreement that the CSX Corp. has demanded. The company wants Florida to buy the 61.5 miles of track, lease it back to CSX for freight traffic as needed and agree to no-fault liability for accidents on the line. That could leave Florida on the hook even for damages from accidents caused by CSX.
State Transportation Secretary Stephanie Kopelousos updated the state Cabinet on Tuesday about negotiations in the works. A revised agreement with CSX — which is not yet firm — could require the company to pay up the deductible of up to $10 million on the state’s $200 million insurance policy, should an accident result from willful misconduct by CSX, she said.
At least one former opponent to SunRail, Senate Minority Leader Al Lawson, has said he would support the proposal with those kinds of changes. Democratic Sen. Dave Aronberg of Greenacres, who has voted against SunRail, was not ready to commit his vote but said negotiations were moving in the right direction.
Sen. Paula Dockery, the SunRail deal’s fiercest opponent, was unmoved.
“The issue is not about who pays for insurance,” said Dockery, R-Lakeland. “The issue is who is legally responsible for the liability in case of an accident.”
Dockery, who is running for governor, renewed her call for state officials to negotiate a “better deal” for the state that would hold CSX more accountable. She vowed to keep fighting the project until that happens.
Meanwhile, Crist said that he and Senate President Jeff Atwater, R-North Palm Beach, have been talking about shoring up Tri-Rail with a $2 rental car surcharge, subject to local referendum or a supermajority vote by local governing bodies. A surcharge that failed near the end of the spring session would have generated roughly $45 million for Tri-Rail.
Casting it as a local option gets state leaders at least partly off the hook for raising fees or taxes. But Atwater raised concerns Tuesday that it might not satisfy federal transit officials.
“They want a dedicated funding source for Tri-Rail,” Atwater spokeswoman Jaryn Emhof said.
House leaders, meanwhile, “believe there is a way to do this without raising new taxes or new fees,” House Majority Leader Adam Hasner, R-Delray Beach, said. “We believe this can be best accomplished by prioritizing existing transportation dollars.”
Doing so, however, could strip money from other transportation projects in lawmakers’ home districts. It was unclear Tuesday whether enough senators would support such a plan.