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SunRail backers continue to push for special session

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By CATHERINE DOLINSKI | The Tampa Tribune

Published: November 5, 2009

TALLAHASSEE - SunRail backers in the state Senate continue to press for a special session to jump start the Central Florida commuter rail project.

But they have yet to convince House leaders, who question whether the Senate can deliver the necessary votes.

The state House has approved SunRail legislation twice over the past two years, only to see it fail in the Senate. Last month, Senate President Jeff Atwater declared the need for a special session to approve the project, which has become entangled in the state's bid for federal money for a high-speed rail line connecting Tampa and Orlando.

Atwater made his comments after hearing from federal officials that Florida's chances at winning $2.5 billion in federal money for high-speed rail would dim if the state didn't first commit financial support to both SunRail and Tri-Rail, an existing commuter rail project that is struggling financially.

"The package would create several thousand jobs … and start the process of changing the way we commute," said Senate Ways and Means Chairman JD Alexander of Lake Wales, a SunRail backer.

Senate Minority Leader Al Lawson, who has voted 'no' on SunRail in the past, said Wednesday the need for jobs outweighs reservations he had about the commuter rail project.

"I believe we're going to have an announcement on a special session in the next two weeks," said Lawson, of Tallahassee. "People are working in the Senate to try to bridge the gap for everyone who's opposed to it."

Alexander said he knew nothing of that timeline but would welcome quick action.

SunRail supporters attempted during the spring session to lure more South Florida votes for SunRail by wrapping it in with a $2 rental car surcharge for south Florida counties to support Tri-Rail. The effort failed.

The bill died largely because of the liability issues dogging SunRail, Alexander said, noting the particularly loud protest by a member of his own party, Sen. Paula Dockery of Lakeland.

The project cannot go forward until the state comes to a liability agreement with the CSX Corp., which has insisted on a no-fault provision. The proposed deal would leave taxpayers on the hook for damages in commuter train accidents, regardless of who was at fault.

Alexander said he thinks SunRail backers can allay those concerns, noting a liability agreement that CSX worked out recently with Massachusetts for a similar project. Under that compromise, the railroad company will pay $500,000 toward a liability insurance policy for the state. CSX would also have to pay a deductible of up to $7.5 million if an accident occurred involving a freight train and the company was clearly at fault due to willful misconduct.

CSX has signaled a willingness to enter into a similar deal in Florida.

"I don't think Sen. Dockery could be convinced," Alexander said, but he is optimistic that other senators who voted no in past years would jump on board the revised deal.

Dockery had complained about other components of the project as well, including its cost to the state. "We were paying CSX $641 million for 61 miles of track -- that's $10.5 million a mile -- when the average cost of all the rail sales over the past 30 years is $666,000 a mile," she said earlier this week. "The state Department of Transportation has a lot of explaining to do."

During a meeting of Alexander's committee on Wednesday, senators in both parties continued to raise questions and concerns about the rail proposals, indicating that consensus remains a work-in-progress.

Jill Chamberlin, spokeswoman for House Speaker Larry Cretul, pointedly noted the proposal's two-year track record in each chamber.

"The House is, and always has been, very supportive," she said. "We're watching to see what could be worked out -- if anything. There's really no new developments, as far as the House is concerned."

Reporter Catherine Dolinski can be reached at (850) 222-8382.

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