Budget includes commuter rail

Opponents of the state's $1.2 billion plan to build commuter rail in Central Florida fear that language buried in the Senate's budget proposal could move the deal forward even if legislation guiding the project stalls.

"It's a totally inappropriate way to push forward a project that is not experiencing widespread support in the Senate," said Sen. Paula Dockery, a Republican who is leading the opposition against SunRail, which could divert more freight traffic through her home district of Lakeland.

The language, which appears on page 248 of the Senate's 366-page budget plan, authorizes the state to "complete an escrowed closing on the Central Florida Rail Corridor Acquisition."

Technically, Dockery said, the state Department of Transportation probably has authority to close on the deal without that language. However, she is worried that it creates the opportunity for proponents to sidestep committee votes on the controversial liability issues surrounding SunRail.

The bill addressing that issue, sponsored by Sen. Lee Constantine, would authorize a "no-fault" system for accidents on the rail line. The state would be responsible for the cost of accidents involving commuter trains on the rail line, even if they were the fault of CSX. The railroad is not expected to agree to the deal without the no-fault language.

Dockery said she isn't sure what the intent of the budget language is, but she fears it creates an opportunity for proponents to address the liability issue in an "implementing" or "conforming" bill - legislation tied directly to the appropriations act that directs how the state uses its money.

Such a bill must implement something in the appropriations act, which, in this case, would be the commuter rail language on page 248. Such bills typically appear late in the session and receive less oversight. In past years, legislative leaders have used them as vehicles for passing controversial policy.

"It opens it up for them to add the liability into the budget as well, which is ridiculous," Dockery said.

State Sen. Nan Rich, D-Weston, another SunRail opponent, agreed. If the language remains in the bill, she said, the only way for a senator to vote against the SunRail agreement may be to vote against the budget.

The chamber's main budget committee, Ways and Means, takes up the budget bill today. Committee chairman JD Alexander of Lake Wales, a proponent of the project, did not respond Monday night to calls about the CSX language inserted into the budget. Senate President Jeff Atwater could not be reached forcomment.

Senate Minority Leader Al Lawson, who is a member of the Ways and Means Committee, is expected to propose an amendment to the budget today that changes or removes the language. Lawson, D-Tallahassee, did not respond to phone calls.

Constantine, R-Altamonte Springs, acknowledged that his liability bill faces an uphill battle in its next committee. He said he was unaware of an attempt to enact the SunRail deal without explicit committee approval.