Amendments To CSX Liability Bill Voted Down

State Sen. Paula Dockery failed Wednesday to limit the state's legal liability in a deal to buy CSX Transportation rail corridors for publicly financed commuter rail projects.

Dockery, R-Lakeland, has been leading the opposition to the state deal with CSX because it would shift freight-train traffic from Orlando through downtown Lakeland. Last year, she successfully used the liability issue to defeat the measure.

"There is no public purpose to be served by putting the taxpayers of Florida on the hook for a private company's punitive damages," Dockery said.

On Wednesday, the Senate Transportation Committee voted down a group of amendments Dockery proposed to a bill governing liability for legal damages if the state buys 61 miles of CSX track for commuter rail. The bill, which is key to the state's purchase of the rail corridors, has three more committee stops before it reaches the Senate floor.

Though all her amendments went down by mostly 6-3 votes, Dockery said she thinks the bill stands a good chance of being defeated in the Senate.

"At this point, there is a majority of senators who oppose the liability transfer," Dockery said. "That's what's in the bill."

The state Department of Transportation announced an agreement with CSX in August 2006 to purchase 61 miles of track from Deland in Volusia County south to Poinciana in Osceola County. The deal, which would cost taxpayers $691 million, would guarantee the tracks could be used 12 hours a day for commuter rail. CSX would lease the tracks to run freight trains at other hours.

The bill now working its way through the Legislature would protect CSX from liability if a freight train crashes into a commuter train regardless of fault. CSX would pay for damage and injury connected to its train, but the state would have to pay for damages to the commuter train or injuries to commuters. The state's liability for such damages or injuries would be capped at $200 million.

Sen. Lee Constantine, an Altamonte Springs Republican who is sponsoring the bill, said the liability agreement is the same as is used in other public-private partnerships involving rail lines.

Though the state is facing a $5 billion shortfall in next year's budget, Constantine and other supporters of the rail deal say it is a needed economic stimulus.

"The day this passes, we will be able to start the project," Constantine said. "By 2011, it will be running."