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Commuter Rail Needs Rescuing With Frank Explanations

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The Tampa Tribune

Published: May 9, 2008

What the railroad wants, the railroad gets, but not this time - at least not yet.
CSX Transportation and proponents of an Orlando commuter-rail project promise they'll be back before the Legislature next year, locomotives smoking. They have one more year to convince Florida lawmakers to buy 61 miles of track for $650 million, though the railroad would use the tracks at night and during off-peak hours.

That's not all the contract says, of course. There's also the part about rerouting dozens of daily trains - as many as 56 - on another CSX track that runs through downtown Lakeland and Plant City. And there's the part about taxpayers paying for the damages from any accident, even those caused by the freight trains.

Well before the next session, someone of stature in state government should lead a process that negotiates a better contract, one that gets Orlando the commuter-rail system it needs, serves the shareholders of the for-profit railroad and benefits Florida as a whole. Now that the deal has emerged from behind closed doors and the session's deadlines have passed, reasonable people should be able to find a win-win.

On Sunday, we'll suggest possible next steps. But today, we want to talk about the players and the process that last week left few people feeling good about how state government works.

First, though, it must be said that Republican Sen. Paula Dockery of Lakeland proved herself to be a strategic, composed and effective leader who digs into details, listens to people and deftly manages the political process.

Dockery convinced some two-thirds of her colleagues that passing a sweetheart deal for the railroad would cost them politically, especially as they cut funds for hospitals, schools and nursing homes because of lowered tax revenues.

Most important, she got them to agree that saddling taxpayers with liability for any accident on or near the tracks should be a deal breaker.

Dockery deserves a voice in the state's reconsideration of the CSX contract. She proved herself a rail-transit advocate while helping her husband Doc lead the effort - later repealed - to build a high-speed bullet train between Orlando and Tampa.

She doesn't want to kill commuter rail, but neither does she want to soak taxpayers or hurt communities. She has a fiscally conservative, big-picture view.

For successfully executing a strategy to keep the flawed CSX bill from passing, Republicans should reward Dockery with the Senate presidency.

While Dockery was masterful in leading her coalition, proponents of the legislation overplayed their hand.

Sen. Daniel Webster, the former House speaker and political insider, came up the biggest loser.

Webster and his followers tried to railroad the CSX deal through the Senate, as though they shouldn't have to explain the plan to anyone. They delayed having the legislation heard in committee, the only place for citizens to have input. Nor was it heard on the floor of the Senate.

Their arrogance cost them.

Many conservatives have admired Webster. Some have even called him a role model.

But this year Webster became a man who sacrificed his conservative values in pursuit of a deal.

In the session's final week, Chief Financial Officer Alex Sink courageously weighed in, warning lawmakers they would expose the state to enormous risk by approving the liability provisions sought by CSX.

In a letter to House Speaker Marco Rubio and Senate President Ken Pruitt, Sink also criticized how the deal was negotiated and reminded them that Floridians believe in government in the sunshine.

Sink's voice of reason pivoted the deal's momentum. Suddenly it seemed possible that good government could prevail. Hers was the only voice of leadership heard from the executive branch.

It was hard to watch Sen. J.D. Alexander, a Polk County Republican, twist arms for CSX and threaten fellow lawmakers.

Alexander has a conflict of interest as big as those mile-long trains he would have sent through Lakeland.

The senator, grandson of citrus baron Ben Hill Griffin, stands to gain financially from the deal.

His company owns property near the site of a proposed CSX hub in Winter Haven, another part of the deal hatched in secrecy.

Rep. Marty Bowen, a Haines City Republican has a similar conflict. She owns property near the hub and stands to personally benefit from the deal. Nevertheless, she voted for the project.

Alexander's push for the CSX deal mirrors his effort to get the state to build a toll road through Central Florida's heartland - again, near land he owns.

It is unseemly for the senator to promote state contracts that could benefit him personally.

Alexander should have recused himself from the CSX debate, not introduced amendments to grease the tracks.

From Washington, an angry Orlando congressman suggested that if the Senate blew up the project, Florida would get no federal rail funds for another generation.

U.S. Rep. John Mica lost stature with his threats. The ranking Republican on the U.S. House Transportation Committee has a lot of influence, but with his party no longer in the majority, Mica cannot unilaterally kill good projects.

In the end, the threats failed. Some lawmakers even refused to take his telephone calls.

Mica would best serve his constituents by helping to facilitate a new contract that works for all, especially taxpayers who will pay the bill.

Gov. Charlie Crist says he supports the CSX deal and would "look into" a special session on the issue. He made a few phone calls to lawmakers to get the legislation moving. And he allowed his people at the Department of Transportation to treat the deal's critics with disdain and dismissal.

People on both sides of the issue found Crist's leadership lacking.

No matter what proponents say, this CSX contract is not Orlando's last chance at commuter rail. Neither is it the best deal Florida can strike.

The problem is finding someone in state government to renegotiate the CSX contract on behalf of all Floridians.

Surely a higher middle ground can be found.

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