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Defeat Confuses Commuter Rail Future

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By LINDSAY PETERSON

The Tampa Tribune

Published: May 3, 2008

TAMPA - Backers of a controversial commuter rail deal in Orlando worked hard to gain allies in the last weeks of the legislative session, offering the enticement that its passage would help Tampa get its own rail system.

And when the deal to buy tracks from CSX Transportation died on Friday, the U.S. congressman who pushed hardest from behind the scenes said the Tampa area would suffer. John Mica, a Republican from near Orlando, said Tampa had been "next in line for a commuter rail, mass transit and other infrastructure projects."

Tampa, however, was never likely to be able to use CSX tracks to create a commuter rail system.

When the state began negotiating with CSX for the Orlando area tracks, it also asked about buying tracks in the Tampa area, state Department of Transportation records show.
CSX said no.

Asked last month if anything had changed to alter CSX's position, spokesman Gary Sease said "no change." The company would be willing to sit down and talk to anybody about commuter rail, but it still wanted to reserve its Tampa-area rail corridors for its primary business, carrying freight.

Local transportation planners began this year to create a transit plan for the Tampa area, first holding meetings to find out what residents want, said Cindy Sharp, spokeswoman for the new Tampa Bay Regional Transportation Authority.

Using CSX corridors isn't the only way to create a commuter system, she said. "We're looking at a lot of alternatives," including special highway lanes, buses, even new corridors.

The agency's inquiries did show that the most popular commuter rail route between east Hillsborough and Polk County was the CSX corridor, but that's also one of CSX's busiest for freight and least likely to be sold.

Plan Was Gov. Bush's Priority

The deal the state DOT worked out with CSX, starting in 2006, involved spending about $650 million to buy 61 miles of CSX tracks between DeLand and Poinciana. Part of the money would be used to help CSX expand its freight operations into a massive hub it plans to build in Polk County.

The deal was a priority for then-Gov. Jeb Bush and much of it was worked out without the knowledge of most lawmakers and the residents of Polk, who would see more freight trains as a result of CSX's expansion. The money to fund it was approved in 2005, in a bill that never mentioned CSX.

One piece, however, required lawmakers' approval this year. CSX would continue to run freight on the commuter line, and CSX wanted the state to accept liability for all accidents involving passenger trains, even those caused by CSX. Also, if a freight car derailed and caused damage beyond the tracks, the state would be responsible for covering half of those damages.
CSX said it would not go forward with the deal without the liability protection. In the end, however, a majority of state senators refused to approve it, led by state Sen. Paula Dockery, R-Lakeland, and with the backing of the trial lawyers who opposed the lawsuit protection for the railroad.

Dockery and state Sen. Mike Fasano, R-New Port Richey, were both against the deal from the start of the session, largely because of its cost and the liability provision. Also, Dockery was upset about the effect increased freight traffic would have on Lakeland.

The last day of the session was marked by intense, last-minute maneuvering to pass the provision. Proponents of the deal enlisted Gov. Charlie Crist to pressure opponents to back down, but his efforts failed.

On Friday afternoon, Mica sent a letter to the governor and Senate leaders saying that if the Legislature didn't approve the rail deal, the state would suffer "dire consequences affecting all transportation projects and federal transportation infrastructure revenues to the state, affecting all districts."

Mica is the ranking Republican on the House Transportation and Infrastructure Committee and has been working to bring commuter rail to Central Florida for years.

Bill Flatlined On Friday

Late Friday afternoon, senators tried to attach the liability measures to a bill to study alternative routes to Interstate 95. The bill's sponsor, state Sen. Larcenia Bullard, a Miami Democrat, disapproved of the deal. She disapproved even more of the liability provision being forced onto her bill, speaking emotionally about being ignored and ostracized for not supporting the CSX project.

"I don't appreciate the way I'm being treated because I will not allow CSX to come on the bill that I have," she told her colleagues in an emotional speech. "I just don't understand this."

Ultimately, the CSX language was removed from her bill and soon declared dead.

The pressure to pass the CSX deal began early in the two-month session, with Central Florida business and government leaders working the legislative offices and packing meetings.

Public relations firms sent out release after release about groups throwing their support to the deal, including the Hillsborough County NAACP. Its leader, Curtis Stokes, said that Orlando rail was necessary to bring commuter rail to Tampa, which would help low-income blacks without cars.

Rail Had Many Supporters

The Tampa Bay Partnership also chose to support the project, after a bill in the House was amended to include two studies, one of which would have looked at creating a statewide commuter system.

Tampa partnership president and CEO Stuart Rogel said he'd been convinced that building a commuter system in Orlando was essential to the success of commuter rail in Tampa.

One of the project's opponents, state Rep. Dennis Ross, R-Lakeland, said once the Orlando deal was signed, the state would lose all leverage with CSX to buy its tracks in other communities.

"Once they have what they want, it's over," he said.

In response to the defeat of its plan, CSX spokesman Gary Sease said "today's legislative action means that the company's transaction with the state will not go forward this year, and regrettably, it does not appear that commuter rail will be available in Central Florida."

After the session ended Friday, Crist said he was disappointed the commuter rail project was dead for this year but he wanted it to come back next year. "I hope it doesn't go away. I think commuter rail is important," he said. "I think it's important to have diversity in our transportation options."

Mica was more disappointed, saying, "This one of the most serious setbacks for transit. It will affect highways, rail, airport, and it will have a detrimental effect on all infrastructure projects in the state."

Reporter Nicola White contributed to this report. Reporter Lindsay Peterson can be reached at (813) 259-7834 or lpeterson@tampatrib.com

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