(The following story by Jessica Solis appeared on the News Gazette website on December 1, 2009.)
OSCEOLA, Calif. — Florida lawmakers will gather in Tallahassee Thursday for a special session to determine the future of Central Florida’s SunRail, as well as other high-speed rail projects throughout the state.
The session, which was called on by Senate President Jeff Atwater and House Speaker Larry Cretul, will aim to “create a comprehensive rail transit policy” for Florida, the lawmakers said in a joint statement released Monday.
During its gathering, the Legislature will try to create the Florida Rail Enterprise, an authority within the state’s Department of Transportation that would be responsible for passenger rail systems, including high-speed rail.
The rail enterprise would be modeled after the existing Florida’s Turnpike Enterprise. Legislators have yet to determine how the enterprise would be funded, although excess revenue from the Department of Transportation could be a main funding source.
“We’ll be using some additional DOT revenue, primarily from the gas tax, to pick up any gap,” state Rep. Mike Horner, R-Kissimmee, said.
SunRail is included in the legislation as part of a provision included in a previous bill that would allow the Florida Department of Transportation to begin the process of purchasing the tracks along the proposed commuter rail corridor.
The 61-mile, $1.2 billion commuter train system would run from DeLand in Volusia County, to Poinciana, using tracks purchased from freight corporation CSX.
The bill to be considered beginning Thursday would also create a passenger rail commission to advise FDOT in the design, building, operating and financing of passenger rail systems across the state, including SunRail, if approved.
One of SunRail’s stumbling blocks, a liability provision that would have relieved freight corporation CSX of legal liability for accidents related to the commuter train, is addressed in the special session legislation.
Under the proposed legislation, all freight operators statewide would be liable for incidents where a freight train could hit a trespasser on the tracks, or a vehicle at a crossing.
Should a collision between two trains occur, the freight operator would be responsible for paying a maximum $10 million insurance deductible in case of a lawsuit where damages had to be awarded.
Supporters hope the session is the first step in helping the state secure $2.5 billion in federal funding for SunRail and other rail projects, such as South Florida’s Tri-Rail system and a proposed high-speed rail that would connect Orlando with Tampa initially and then Orlando with the Miami area.
“The time has come to recognize that we must complement our existing road systems with rail alternatives, as we seek to renew our urban industrial centers and build a stronger future for Florida,” Atwater stated.