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Defeat Confuses Commuter Rail Future
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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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Reader Comments
Posted by ( Oops ) on May 3, 2008 at 8:07 a.m. ( Suggest removal )
And, Uncle Charley, I'm disappointed that I'm still paying ridiculous rates for homeowners insurance and county taxes. Maybe you can fix THOSE next year...
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Posted by ( Old_FL_Crab ) on May 3, 2008 at 8:51 a.m. ( Suggest removal )
Congressman "behind the scenes" was disappointed. There was WAY to much 'behind the $cene$' stuff in this 'deal'.
And since CSX won't pay my insurance, I DON'T want to pay theirs.
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Posted by ( WinterHaven ) on May 3, 2008 at 8:59 a.m. ( Suggest removal )
With such blatant threats on the state by Mica, where is Adam Putnam and Bill Nelson and Mel Martinez on this issue? Shouldn't they be up in arms at the threats made against the citizens of Florida?
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Posted by ( Karamelg1 ) on May 3, 2008 at 9:03 a.m. ( Suggest removal )
Screw all of them and their shady deals, why aren't they focusing on not enough jobs, high homeowners insurance, high taxes, gas prices, foreclosures, etc...
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Posted by ( ad ) on May 3, 2008 at 10:39 a.m. ( Suggest removal )
A majority of the Florida legislators and local officials have the the mentality that we just stopped using horses and cars are here now so why bother to look for anything else. Besides, all the "arrangements" have yet to be made.
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Posted by ( picogator ) on May 3, 2008 at 11:11 a.m. ( Suggest removal )
Who the H*** does Mica think he is, threatening all of us. This was a dumb deal from the start, especially because of the cost and the liability issue.
CSX, and its legislative cronies, can go straight to YOU KNOW WHERE!
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Posted by ( aikane ) on May 3, 2008 at 11:19 a.m. ( Suggest removal )
Lindsay, many thanks to you, Billy and the Tribune for an outstanding job reporting on this issue.
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Posted by ( whasup ) on May 3, 2008 at noon ( Suggest removal )
Ditto. Thanks for bringing Sunshine to a Shady Deal in the works.
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Posted by ( sonofabench ) on May 3, 2008 at 5:46 p.m. ( Suggest removal )
I seen it coming a mile away. Why are the blue bloods in this state trying so hard not to give help to the minorities here whom this type of deal would benefit. I think about the Leroy Selmon Expressway and how it only benefits the upper classes yet they named it after a hero the black minority in Tampa would surely back.
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Posted by ( Jin ) on May 4, 2008 at 1:04 a.m. ( Suggest removal )
Thank goodness there are a few smart ones in there who will put their foot down and say the King is not wearing clothing when he is walking around naked!!
This idiotic transportation legislation just shows how out of touch with tax payers, and reality, these legislators are. They are dreamers, dreaming on our pocket book, of things that make no economic sense, and things that average people will never use, its a total dream to think they are going to overhaul Florida driving patterns by putting in a rail. Every mass transit solution they come up with is full of pipe dreams, there is no reality in any of it, and it is always driven by the likes of Disney or other huge companies, who stand to get something for free, and make it look like Floridians got something.... sort of like the stadium in Tampa.... residents pay for it, but what did residents get? We got $35 parking to park for a Bucs game, in other words we got robbed then, and again we would be robbed anytime we deal with mass transit companies and big players like Disney and Orlando. They profit so much from
Disney why don't they build their own mass transit? Do you know why? Because it doesn't make economic sense to Disney, no matter how much they want the state to pay for it, Disney won't pay for it themselves because it is a no=profit dumb idea unless some one else will pay the tab for it! Lots of things make very good sense when someone else pays for it, right?
I'm truly surprised they didn't sign off on this liability fiasco give away, for the benefit of CSX ? And for whomever else was bound to get huge kickbacks? After all, our legislators were naive enough to allow home owner insurers to off load their liability on us in the event of a catastophic event.... and did they lower their rates significantly enough to account for the amount of liability they are not taking? No way. Nothing stupid surprises me anymore, eithe in Florida government or in US government. We seem to have clowns and idiots in office.....
When are they going to fix my property taxes, and when are they going to fund the schools with better money so our kids will get a real education? What is the problem here, they have ^650 million for some CSX deal, but they are cutting back on school funding? Are they nuts? You answer that yourself - but obviously they are not in touch with voters or reality and they have their own agenda!!
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Posted by ( relichunter ) on May 4, 2008 at 3:52 p.m. ( Suggest removal )
This was just another scam by the republicans to put all the burden on the taxpayer while their buddies get rich.
If Florida really wants mass transit and come into the 21st century all it has to do is invoke the eminent domain law and tell CSX to deal with it.
That would be the common sense way of doing business, but these politicians are in debt to CSX for contributions for their campaigns.
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