Florida Dem senator may be deciding factor in granting immunity to CSX...

[madfloridian]

Looks like Democratic state Senator Chris Smith of Ft Lauderdale is going to waver and vote to burden Florida's taxpayers. I am really not surprised in this state that a Democrat would be the swing vote, but it angers me.

I know that two other Democrats in Florida for sure are supporting the CSX plans for Central Florida which might take away any liability from CSX and put the burden on the state.

TALLAHASSEE | A deal passed Thursday by a Florida House committee would force the state to pay legal costs resulting from accidents on a proposed commuter rail line in Orlando, even if a private railroad company was at fault.

"If we want to put passengers on that line, then we have to accept responsibility," said Rep. Rich Glorioso, R-Plant City, chairman of the House Infrastructure Committee, which passed the indemnification Thursday. There are still many more stops before the plan faces final approval, with a May 4 deadline.

Under the proposal, even if CSX railroad employees or actions were totally responsible for an accident involving passengers, the state would be liable for the legal damages suffered by passengers.

It appears to have passed the House last year, and now Chris Smith Democrat may be the crossover vote that protects CSX from legal damages and places them on the back of the state's taxpayers.

Congresswoman Corrine Brown of, I believe, the Jacksonville area, and Mayor Buddy Dyer of Orlando, both Democrats...have pushed this measure all the way through. It will be devastating to many areas of Central Florida in the unregulated changes, and it will put an unconscionable burden on Floridians. The only well-known person taking a consistent and honest stance against burdening the state with CSX liability is a Republican Senator, Paula Dockery.

This article mistakenly refers to Chris Smith as a Republican. He is a Democrat unless he secretly changed parties.

CSX/Sun Rail Commuter Train Approval Looks Possible

An amendment to allow county commissioners to approve a $2 per day car rental surcharge may push the CSX/Sun Rail commuter train in greater Orlando to narrow approval in a key showdown vote on Wednesday.

Sen. Chris Smith, R-Fort Lauderdale, said last week that he needed that amendment, which would dedicate the car rental revenue to local commuter train efforts, before he would vote for the plan. He said South Florida’s SunRail needs the guaranteed revenue to maintain operations. But the governor’s office and others said they would only support the plan if it were subject to voter approval.

The Senate Transportation and Economic Development Committee will consider SB 1212 Wednesday morning. The bill provides the change in law that would create a “no fault” insurance agreement between CSX and the state, leaving each party solely responsible for damages incurred on their equipment, employees and passengers regardless who was at fault.

Dockery raised holy heck this month when she discovered language in the bill that she said "created an opportunity for proponents to sidestep committee votes on controversial liability issues surrounding the project. If the project appears in the state budget, she warned, the controversial "no-fault" protection that CSX is seeking as part of the deal could be slipped into a companion implementing bill."

Perhaps Democratic State Senator Smith should examine the bill more closely.

The Tampa Tribune editorial department was a leading opponent of this CSX deal until recently. The lady who was leading the charge and who formed the website www.wrongtrack4florida.com was in the large batch of lay-offs at the Tribune.

Her name is Rosemary Goudreau, and she recently posted an op ed in the Lakeland Ledger about the hazards of fighting a company like CSX. It is very long but this is a telling part of it. She gives great credit to Paula Dockery, but the others do not fare so well.

Sadly, it will also be noted that other "community leaders" chose instead to roll over.

During one meeting, I asked board members whether they were ready for the political blowback they'd get from the campaign, given the business and political interests on the side of CSX. They assured me they were. But they weren't.

After City Manager Doug Thomas and City Councilman Gow Fields learned of the web site, they pressured the small agency to keep it from going live. Both men essentially told me they believed the CSX deal would pass the Legislature and they didn't want Lakeland to be seen as a spoiler. Instead, they were going to focus on getting the tracks rerouted, a plan that could cost another $1.2 billion on top of the $298 million taxpayers are supposed to spend supersizing the S Line.

..."When the final chapter of the CSX deal is written, Sen. Dockery will be recognized as the principled leader who stood strong for Florida taxpayers, especially the citizens of Lakeland. Sadly, it will also be noted that other "community leaders" chose instead to roll over.

As for this laid-off editorialist, the story will include an epilogue on whether there's still a future in crusading for a community.

Florida's Democratic Chief Financial Officer, Alex Sink, spoke out strongly about how risky this deal will be

LAKELAND | The revised rail deal with CSX is still too risky for the state, Chief Financial Officer Alex Sink said Friday.

"It doesn't suit me; I've told them there are flaws," Sink said during an interview while attending a fundraiser sponsored by the Lakeland Democrats Club's Committee for Change at Carillon Lakes.

Sink raised similar concerns about a different version of the agreement that was before the Florida Legislature last year. She said her concern is that CSX has no liability for damages in accidents, even if the company was to blame because one of its engineers was under the influence of drugs and a CSX train hit a commuter train and killed or injured passengers.

"The state has to bear the liability for the passengers," she said.

"All CSX would have to worry about is the damage done to its own train and equipment."

I think I will be very upset if a Democrat casts the deciding vote on such a risky deal as this. The state is laying off teachers, refusing as of now to take the umemployment stimulus, taking health care away from the neediest people......and they are about to vote tomorrow to give hundreds of millions to CSX and perhaps protect it from liability.

[madfloridian]

1. Be sure to take time and read this website referred to in the OP

http://www.wrongtrack4florida.com/

Lots of good info there.

[monmouth]

2. I hate Florida more and more with each passing day..sigh.....n/t

[Dappleganger]

16. Same here and cannot wait to leave this state.

[madfloridian]

3. More about the mysterious language inserted into the bill this month.

Take heed, Chris Smith, before selling us out.

http://www.wrongtrack4florida.com/?q=node/112

"Sleight Of Hand Slips CSX Deal Into Senate Budget
Submitted by ProCitizen Media on Mon, 04/06/2009 - 20:50

The Palm Beach Post and The St. Petersburg Times are reporting tonight that someone mysteriously slipped language into the Senate budget plan to allow FDOT to close the deal with CSX railroad.

“The language was not included in the budget package vetted by the Senate Transportation and Economic Development Appropriations Committee but wound up in its budget anyway,” says the blog post by Dara Kim of the Palm Beach Post.

“This is a backdoor approach to legislation,” said Senate Democratic Leader Al Lawson of Tallahassee who earlier in the day dubbed the CSX commuter rail project the “choo-choo to nowhere…even Mickey Mouse can’t use.”

“This is a sneaky way to bring an issue, especially one that is so controversial in nature,” Lawson said."

More at the link.

[madfloridian]

4. Wasserman Schultz, Kosmas, Klein, Hastings, Wexler, Meek, Brown....support it.

I wonder if they understand the problems and issues with the huge amount of money involved, the burdensome liability that may fall on the shoulders of Floridians.

I wonder if their main interests lie elsewhere?

Here is part of the letter they wrote to Gov. Crist:

The Legislature’s positive support of SunRail will guarantee $307 million in federal transit funds and lead the way for federal assistance to other areas for major transportation initiatives. Tri-Rail, for example, is facing severe budget cuts despite serving 4 million riders last year—a record number. Yet Tri-Rail is at risk of losing Federal Transit Authority funding if they cannot meet certain service levels.

Clearly, failure to act now during this legislative session in support of these critical transit projects will send federal transportation dollars to other states and damage Florida’s credibility as Congress considers a major federal transportation bill this year.

We look forward to working with you in the next few weeks toward a successful conclusion of the funding authorization of these two projects."

I wonder if they know that up to 54 freight trains a day might split the city of Lakeland, with no guarantees in the future?

[madfloridian]

5. Good to hear it got a "frosty" reception in the FL Senate today by many Democrats.

http://blogs.orlandosentinel.com/news_politics/2009/04/csx-bill-gets-a-frosty-senate-democratic-reception.html

"Senate Democrats are particularly miffed that the Department of Transportation has been vague on how exactly they plan to finance the $432 million purchase of the railroad tracks from CSX Corp. and several South Florida Democrats are insisting that the deal be tied to a dedicated funding source for their own commuter rail system, Tri-Rail.

Tomorrow, Constantine plans to add an amendment to the bill, SB 1212, to allow local governments to impose a $2 higher rental car surcharge to help finance commuter rail systems if the local governments and voters give their blessing.

Sam Bell, a lobbyist for Volusia County as well as rental car giant Avis, said the move would bring tremendous opposition, certainly from conservative Republicans and perhaps from Gov. Charlie Crist.

But critics also complained that FDOT wasn’t being up-front with where the funding for the project was coming from.

“I’ve talked to the department ... and where is the $641 million?” Senate Democratic Leader Al Lawson, D-Tallahassee, asked the DOT officials attending the caucus meeting. That would be the $641 million in growth management money the Legislature approved in 2005 that rail critics have claimed has been tucked away in some far-flung bank account for the SunRail project, when it was intended to go to projects statewide."

And for shame to Wasserman Schultz and the others who are pushing it from Congress.

[DonCoquixote]

6. OK, let me say this straight

And I think MadFloridian will probably agree with me.

With RARE exceptions, there is NO such thing as a left-wing Florida Democrat. All the ones from Nelson to Wasserman-Schultz play a game where they know the Florida GOP is FAR to the extreme right, and they can coast to victory by throwing the meanest of dog bones to the left. They would not be able to pull this off if our state did not have the sort of Right Wing people that make Texans blush. You have people here who think Mike Huckabee, Rush Limbaugh and the Bushes are way too far to the LEFT!

This means that these DINOS get the make sweet deals with said scum GOP. Granted, some of them know they better tow the line on some issues, or else their "Democratic" base gets upset. For example, at the risk of getting stamped "anti-semitic" Miami is comprised of very vocal Zionists and Cubans, so anybody who dares a millimeter worth of non-obedience to Israel or the Anti-Castro mob can expect the equivalent of a horses head in their bed. There are also a ton of people that used to live in Blue states, who get fed the line "The Democrats ruined your hometown", wrapped in a not so subtle fear of Blacks and Hispanics.

As much as Florida seems hopeless, I ask those of you who love to dump on us to remember, things are changing. We might not look like it, but we did turn BLUE last election, and did so with a wallop. Tampa, not the most left wing area, elected Kevin Beckner, an OPENLY gay man, to replace Brain Blair, who was a guest on Fox news, and being groomed for higher office. Also, since this is Foreclosure central, many, even the most thick skulled of former GOP yuppies, realize they have been had, and had hard. It also helps that people are realizing how bad the schools are, and that our seniors who came to Florida looking to retire to a Golf course realize that they might have to be greeters at Wal-Mart.

[Divine Discontent]

9. good points, esp. about Tampa eom

[madfloridian]

11. Correct...no Florida left wing Democrats. None at all.

They have an identity crisis.

[DonCoquixote]

13. That is one way to put it

The right way would involve language that would get me tombstoned, so I will, in the great tradition of Florida Democrats, do a compromise. The Florida Democrats are a bunch of WEASELS whose identity is merely whatever keeps them in office. Note how many of the usual suspects, like Bill Nelson, are the ones hooking up with Evan Bayh's little Dixiecrat conservative group. These people actually think of Obama as a hard leftist. It's also no surprise many of these folks were also involved in 2008's "count our votes" shenanigans. Heck, if they fought as hard to count the votes in 2000, this country might not be in the commode. But do not forget one thing, Obama has much more to fear from these Dixiecrats then the GOP. The GOP cannot buy credibility if it wanted to, but these folks know that if the country actually DOES shift more to the left, people will want nothing to do with them. They are like bandits selling muddy water in a desert, knowing that if those left of Fox News do not keep voting for them, the GOP will simply make them eat Salt. The last thing said folks would want is for anybody to dig up a well of fresh water.

PS: some people may correct me for the use of the term "Dixiecrat", after all, not all the people in Bayh's gang are from Dixie, and Bayh is from Indiana. With all due respect to some of you in Indiana, there are a LOT of Dixie in Indiana; it's not for nothing that the Klan had more members in Indiana then Georgia at many points. Dixie has spread it's influence long and hard, and all the Dinos, from our Florida variety to others, share a respect for Dixie.

PPS: Now I am the first to say that the efforts of those of us in Dixie need to be appreciated. Also, I have no problem with aspects of Dixie; grits BBQ, real country (not that stuff they play on most radio), I have a problem with those who use it as a weapon against people who are not to blame for the woes in the region.

[madfloridian]

7. Update today: Stalled in committee. They are apparently playing word games...

about the liability.

I may be wrong, but the "new" language still sounds like the state of Florida is getting the real burden of CSX liability. Maybe I am reading it wrong. They have played word games with it.

http://www.news-journalonline.com/NewsJournalOnline/breakingnews/sunrail041509.htm

"Lawmakers who support the project have moved to soothe the objections that stalled it in the Senate in 2008. They removed language granting state sovereign immunity protection for the companies hired for SunRail operations, dispatch, maintenance and security.

But questions have raged in Tallahassee about costs — and whether the state should commit to the costs at a time when it faces serious budget problems—and controversial legal liability language.

The plan is for the rail corridor's current owner, CSX Transportation, to sell the corridor to the state and then lease it for freight traffic. CSX won’t sell the corridor, though, without legislative agreement to provide the company with legal protections for accidents along the line.

Under those protections, SunRail would be responsible for any passenger damages inside the rail corridor, regardless of who caused the accident that led to the damages.

SunRail’s responsibility for shielding CSX would be limited to $200 million, and the state would buy that amount of liability insurance."

[Divine Discontent]

8. UGHHHHHH! do they TRYYYYYY to piss us off???? it seems maliciously done!

seriously, they TRY to do this and upset us! What a load of crap, making the citizens responsible for THEIR future catastrophes! How nice... someone paying off someone or WHAT?

[madfloridian]

10. There is a great editorial today in the Lakeland Ledger....not yet online.

It points out every lie and all the spin.

And yes, there is still the burden of liability on the people of Florida.

I did not realize that DOT employees had to sign confidentiality agreements over the DOT talks with CSX.

Who has that much power? CSX apparently.

Wasserman Schultz and Hastings and Wexler and Grayson and the rest of the Dems supporting this need to read the editorial.

I am waiting for it to go online. It is listed online as "Pounding on the Table"...but there is nothing at the link.

[Divine Discontent]

14. ty, KICK! eom

[madfloridian]

17. I emailed the editors, and it is up now.

I just posted it. It's a great editorial.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=5465431&mesg_id=5465431

[DonCoquixote]

12. Actually, yes and worse

We Floridians have an "insurance" policy that says if we get hit with a Hurricane (like the ones gearing up just this time of year) the money to "repay" these insurance companies comes right out of the STATE BUDGET! In other words, Cops, Teachers, Clinics, will all have to take a back seat until the insurance companies and their lawyers say they are full, which is another way of saying until there is nothing left to devour, and they have chewed through the ground hoping to strike oil. Then, this deal, which even Jeb had the sense to retreat from, got revived by that nice "Really, I'm not that scary a Republican" Governor, Charlie Crist.

The powers that be are indeed trying not just to annoy us, but to actually get Florida under the debt of companies, so that when the disaster happens, they get to finally attack what meager services we have, until Florida becomes the Libertarian utopia they have desired all along. In other words, this is the "Shock Doctrine" in action! It sure does not help that we did turn blue, because the Good Ol Boys in Tallahassee are fuming! As is, they play to and believe the standard "Those damyankees are out to turn Florida into a Nawthurn state!"

Of course there are some silver linings to this. Lakeland, the city that will be gutted by these railroads, is the largest city of Polk County, Florida's GOP stalwart. It's the sort of place that is die hard Red State. Nearby Auburndale hosts huge Klan rallies every year, where you see Nazis share beer and hot dogs with skinheads and white sheet types. There are some sincere, good people in Polk, but few counties are as violently Right-wing. Well Lakeland, now for years of GOP support, years of buying their seduction lines where they promised to keep your "unique" community safe from those Yankees, now you are being reduced to a dirty whistle stop, one which even Disney will want nothing to do with. I would enjoy my Schaenfruede, but I know two things. A) Your destruction will only make my enemies stronger and B) No matter how much the Good Old Boys abuse you, you, like a brainwashed, battered wife, will still love your boys, and fetch beer for them, even though they just broke your fingers.

[Divine Discontent]

15. one of my best friends

lives in the southern part of that county - I hayyyyyyyyyte driving through there, I can smell the rightwingnuttiness, and every time I get out and listen to most people's Obama-paranoia, closed-minded rhetoric against equal rights and such, I want to send that county to another planet.

[tooeyeten]

18. In case anyone missed it

Following Katrina, Barbour, Lott tried to push through funding for rail repairs for CSX in Mississippi, along with funding to run their system.

The fix was in. CSX has a powerful lobby.