(The following story by Jim Saunders appeared on the News-Journal website on March 5, 2009.)
TALLAHASSEE, Fla. — The fate of a Central Florida commuter rail project could come down to one magic number: 21.
Supporters and opponents of a plan to build the SunRail system in Volusia and three other counties are battling to win the votes of a majority of the 40-member Florida Senate — the graveyard for a commuter-rail bill last year.
That battle started playing out Wednesday, when the Senate Transportation Committee approved this year’s version of the bill after almost two hours of debate.
But Senate leaders on both sides of the issue acknowledge it remains unclear whether 21 members of the Senate will ultimately vote to approve — or scuttle — the bill during the legislative session that ends May 1.
Senate sponsor Lee Constantine, R-Altamonte Springs, said the project will boost the economy, protect the environment and help meet Florida’s transportation needs.
“Commuter rail is vital to the future of our state,” Constantine said.
But Sen. Paula Dockery, a Lakeland Republican who is leading opponents, said the plan has major flaws. That includes limiting the legal liability of railroad company CSX Transportation, which would sell tracks to the state for the commuter system but continue running freight trains on the line.
“Of the 40 senators, there are a lot of people who oppose the deal in its entirety for a lot of different reasons,” Dockery said.
The plan is widely expected to pass the House and has the backing of Gov. Charlie Crist.
But the Senate fight was on display Wednesday as lobbyists, Central Florida government officials and other people interested in the project packed a hearing room for the Transportation Committee meeting.
The committee, which approved the bill 6-3, is chaired by Sen. Andy Gardiner, an Orlando Republican who is sponsoring the bill with Constantine.
Among those at the meeting were Volusia County Chairman Frank Bruno, county lobbyist Sam Bell and Jim Cameron, a vice president of The Chamber, Daytona Beach/Halifax area.
“This is important for the county, for its economic development, for the environment, for the elderly and the disabled,” Bruno said.
But Doug Guetzloe, leader of the Orlando activist group Ax the Tax, said the public doesn’t support the plan, which is projected to cost as much as $2.6 billion over 30 years.
“There’s a disconnect between the voters and taxpayers in Central Florida and the unanimous decision of elected officials and bureaucrats and vested special interests to support this,” Guetzloe said.
The 61-mile system would stretch from Volusia County to Osceola County, carrying commuters in and out of downtown Orlando. The first phase, linking DeBary and the Sand Lake Road area of Orlando, is expected to start operating in 2011.
After last year’s bill died in the Senate, Constantine and other backers made changes to try to win enough support during the 2009 session.
The bill deals mainly with approving the legal protections for CSX, but that issue is a battlefield for a broader debate about whether the project should move forward.
CSX negotiated the legal protections, which supporters describe as a “no-fault” system, in agreeing to sell the tracks to the state. As a result, lawmakers need to approve the protections or the deal likely will collapse.
Here is an example of how the protections would work: If a CSX train and a SunRail train collide, the freight company would be responsible for covering damages to its train and workers. The state would be responsible for damages to its train and passengers — no matter whether SunRail or CSX caused the accident.