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One More Reason To Pull CSX Deal

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The Tampa Tribune

Published: April 29, 2008

The state's sweetheart deal with CSX Transportation is barreling through Tallahassee like a locomotive, no matter the fiscal, legal and civic concerns that should grind it to a halt.

The state's chief financial officer raised the latest red flag over the plan to purchase 61 miles of CSX track and create commuter rail in Central Florida, a deal that would allow the railroad to use the lines for freight at night.

CFO Alex Sink fears the state is assuming too much risk in the event of an accident.

In a letter to Senate President Ken Pruitt and House Speaker Marco Rubio, she pointed out several scenarios under which taxpayers would be responsible for commuter-rail injuries caused by the railroad's carelessness.

For one thing, taxpayers would be responsible for any losses to commuter-rail passengers in a one-train accident caused by CSX. And taxpayers would have to split the cost for any accident, such as a chemical spill, outside the commuter rail corridor.

Sink suggests limiting the liability provisions to the "CSX corridor acquisition."

Further, Sink, an accomplished businesswoman, chastised lawmakers for negotiating the deal behind closed doors over several years. "Much of the initial negative reaction to the Department of Transportation's proposal is a direct result of the lack of full public disclosure on this several hundred-million-dollar deal," she wrote.

"DOT has claimed they were successful during negotiations with CSX, but Floridians have been given a take-it-or-leave-it plan at the 11th hour."

Sink says that if "a future opportunity to expand commuter rail presents itself, we should appoint a team of experienced negotiators to advocate on behalf of Florida taxpayers, and should include representatives from more than one state agency including the state's Division of Risk Management."

If Tallahassee were filled with reasonable people, the state would renegotiate the CSX deal to get Orlando the tracks it needs - without giving away the store and sending up to 56 trains a day through communities that never saw them coming.

But the capital is filled with people who acquiesce. To do otherwise risks losing a committee assignment or a hearing on a pet project.

Yet when lawmakers vote on the CSX deal this week, the last week of the legislative session, they will define themselves for voters in the fall.

Do they stand for good government or back-room deals? Do they believe in sound business practices, or anything goes with taxpayer dollars? Do they believe in the conservative value of self determination, or should a powerful part of the state be able to hurt communities that have little say?

No matter what Orlando lawmakers say, this contract is not the last shot at making commuter rail happen there. Indeed, while some say Florida would lose credibility with federal officials if it pulls the deal back, it's the feds who are asking the tough questions.

In making their decisions this week, lawmakers should cast a vote for good government.

It's so rare that someone does.

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