The CSX Sunrail deal still has the clause that would make Florida liable for CSX problems...

[madfloridian]

except, apparently, for those involving the repair of equipment. They have played such word games until people are confused.

There is a tremendous editorial in the Lakeland Ledger today. It has been one of the strongest voices against this deal done in secret by Jeb Bush and his cronies. It was passed while Jeb was governor, and many never knew of it.

CSX and SunRail: Pound on the Table

An old law professor once explained courtroom tactics to his students this way: "When the facts are against you, argue the law; when the law is against you, argue the facts; when both the facts and the law are against you, pound on the table."

There has been much table pounding from the supporters of a railroad plan scheduled to be discussed by the Senate Transportation and Economic Development Appropriations Committee today. The bill would assign all liability for accidents on the tracks to the state of Florida - no matter if CSX caused the accident. It is a mammoth responsibility, but some Central Florida legislators are willing to overlook the price tag to taxpayers because they desperately want the commuter rail for their area.

So they pound on the table. "It is the industry standard that the governmental body assume all liability responsibility," they say.

....Fact: There is no industry standard

Every major paper in the state is opposed to the deal, yet Robert Wexler, Debbie Wasserman Schultz,
Kendrick B. Meek, Suzanne M. Kosmas, Robert Wexler, Alan Grayson, Corrine Brown, and Alcee Hastings
are pushing the deal in state. This alarms me they would want to put that burden on a state with a crashing economy.

Orlando Mayor Buddy Dyer (Democrat) engaged in table pounding last week in a letter sent to Florida's senators: "As you are no doubt aware, Central Florida stands solidly behind this project. But, this broad, grass-roots list of supporters also includes many statewide organizations."

Fact: Every major newspaper in the state - except the Orlando Sentinel - is editorially opposed to the project. "Before cutting education, health care and public works more lawmakers should cut back the CSX deal," wrote The Gainesville Sun. The Miami Herald said SunRail "loses much of its luster because of its high sticker price and its overly generous indemnity provisions. At roughly $10.5 million per mile, the $646 million price tag ranks among the highest prices ever paid for rail in the United States."

Apparently no one told the following Democratic congress folks that in urging the passage of the bill they are putting a huge burden on the taxpayers of Florida. Either that..or they don't care if it happens. Democrats are in bold.

Congressional leaders urge funding of rail project

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.

Sincerely,

John L. Mica
Ron Klein
Ileana Ros-Lehtinen
Corrine Brown
Lincoln Diaz-Balart
Alcee L. Hastings
Mario Diaz-Balart
Robert Wexler
Debbie Wasserman Schultz
Kendrick B. Meek
Suzanne M. Kosmas
Alan Grayson

It looks like a Ft. Lauderdale Democratic state senator, Chris Smith, may be the deciding factor in the senate.
Looks he is not willing to take the heat if he stands against it.

The woman who put up the great site Wrong Track for Florida once asked a question of city commissioners. She asked if they were ready to take the heat for fighting against that which would harm their city.

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.

City Commissioners caved in even though there might be up to 54 freight trains a day through the downtown antique center and historical areas of their city...splitting it in two. They caved. Why?

I have seen politician after politician cave in on this issue. I have seen so many misleading facts put out. Whatever benefit might be from the bill, it is overshadowed by the damage done to the state by taking on CSX liability.

Things have been so skewed in the presentation of this issue that the same newspaper with the Pound on the Table editorial...had an earlier one asking who was running this state.

Who is running this state?

WHO'S RUNNING STATE GOVERNMENT?

DOT officials say that because the CSX money was appropriated by the Legislature in 2006 for the commuter line, hence, for CSX, it does not need the Legislature's approval to move forward with the project. That, of course, begs the question: Who, exactly, is running state government, and what happened to checks and balances?

It is outrageous that the state of Florida would allow teachers to be laid off, poor people to be denied access to health care and other support services, infrastructure to be neglected and universities to turn away qualified students while it has access to $795 million of unencumbered taxpayers' money. All because a company with deep pockets, a record profit, and an army of lobbyists and its patrons in the Legislature want to pay too much for a commuter-rail line that is not even guaranteed of being a success.

That would be those same DOT officials who signed a confidentiality agreement about the secret talks with CSX?

[Divine Discontent]

1. K&R!!! we're gonna see how much power CSX really has eom

[madfloridian]

2. They have spun this deal so badly that no one knows the truth.

It just angers me so.

[Obamanaut]

3. They apparently have quite a bit. In my small town it is not uncommon

for a CSX train to sit idle, blocking two crossings, for 2 - 3 hours. Recently they had one crossing completely removed from service, gone, no more - now a wasted piece of road leading up to a track but no way to get over it.

[madfloridian]

5. They have tabled it until Saturday apparently.

Then they will let everyone speak supposedly. Yes, CSX has a lot of power, and it's amazing how few of out Democrats can withstand it or fight it.

http://www.ocala.com/article/20090416/ARTICLES/904161008/1402/NEWS?Title=Fla-senators-delay-vote-on-commuter-rail

"TALLAHASSEE - Two years of emotional debate and controversy over the complex deal to bring commuter rail service to greater Orlando proved too much for senators Wednesday who delayed a vote on the deal's last piece.

The result is an unusual five-hour meeting set for Saturday where the Senate Transportation and Economic Development Committee will listen to dozens of speakers representing special interest groups and average citizens.

The public testimony is not likely to have much of an effect as the committee is poised to approve the deal with a 4-3 vote, sending the bill to the full 40-member Senate for a showdown vote in the days before the May 1 end of this year's legislative session.

Wednesday's hearing dramatized the raw feelings about the deal. The cramped, windowless meeting room on the third floor of the Capitol was filled with people standing in every available space as Senate office employees barred entry and advised late-arriving lobbyists and members of the public to watch the hearing on a big-screen TV on the fourth floor."

For once I agree with Ronda Storms, and it kills me to say that.

"Sen. Ronda Storms, R-Valrico, said it was a bad idea to potentially put taxpayers on the hook for accidents caused by CSX negligence. "The way we punish people for bad acts in civil proceedings is through punitive damages. We slap them around with money," she said. "They pay attention when they have to pay out of their pocketbook."

[madfloridian]

4. More: SunRail bill stalls as time grows short

I never thought I would be pulling for two Republicans, especially Ronda Storms. But Paula Dockery is hanging in there as well. Where is my part fighting this?

http://www.orlandosentinel.com/news/local/orl-asecsunrail16041609apr16,0,1283239.story

"The legislation (SB 1212) appeared set to move through the seven-member panel on a 4-3 vote. But senators ran out of time, due largely to a series of amendments offered — and eventually defeated, after procedural moves — by opponents Paula Dockery, R-Lakeland, and Ronda Storms, a Tampa-area Republican. The abrupt end of the two-hour session triggered boos from some of the 73 people — ranging from Central Florida officials and lobbyists to anti-tax protesters — who had asked to speak at the hearing. That prompted SunRail sponsor Lee Constantine, R- Altamonte Springs, to chasten the crowd, saying, "Hey, stop."

A clearly angry committee Chairman Mike Fasano, R-New Port Richey, scheduled an unusual Saturday session, from 1 to 6 p.m., to take testimony."

..."Dockery has said these plans will reroute too many freight trains through her hometown of Lakeland. She also calls the state's deal a "giveaway" to the rail company and argued that a proposed $200 million insurance policy — to be purchased jointly by the state and CSX to pay victims of rail accidents — is too generous to CSX.

"Nothing," she said, "is coming out of CSX's pockets."

Dockery and Storms tried more than 10 times to change that insurance policy. One proposal would have forced private contractors who would build the system to provide their own insurance, rather than the state. Another would have made CSX solely responsible for accidents in the Winter Haven rail yard."

[bertman]

6. Those Democratic Congressfolks are just doing what they do best: jumping when told to

jump by Big Bidness. Follow the money.

Thank you for keeping this bad bidness on the burner, Madflo.

Recommend

[madfloridian]

7. Look how many of the Dems are from South Florida...the CSX deal is CENTRAL Florida

They are not only ignoring the fact that Florida is going to be bearing CSX liability...they are pushing something that will really harm areas of Florida that are not in their districts.

[bertman]

9. Sometimes you just have to wonder what these corporations have on our lawmakers--

other than the fact that they need their donations to be re-elected.

[madfloridian]

8. Committee vote moved to Monday. Chris Smith is NOT a Republican

This is the 2nd article referring to him that way. He is a Democrat who is helping to sell out the state to bear the burden of CSX liability. Here is his website...he seems easily influenced just as many other Florida Democrats.

http://senatorchrissmith.com/senatorchristopherlsmith.htm

The vote in committee is moved to Monday with Chris Smith Democrat voting yes to give immunity to CSX...a company that earned over 2 billion last year.

http://blogs.orlandosentinel.com/news_politics/2009/04/sunrail-committee-vote-now-set-for-monday.html

"TALLAHASSEE -- The Senate committee hearing and vote on the SunRail commuter rail project has been rescheduled to Monday afternoon, from 1:30 to 4 p.m.

The Transportation and Economic Development Appropriations Committee spent nearly two hours yesterday debating amendments to the SunRail bill (SB 1212) but ran out of time with 73 people on the waiting list to speak about the $1.2-billion project. Committee Chairman Mike Fasano, R-New Port Richey, was booed by the crowd when he gaveled the meeting to a close. Clearly irritated, Fasano then scheduled another hearing to begin at 1 p.m. Saturday.

By this morning, though, Fasano had reconsidered. His staff said the shift to Monday would make it easier for people who want to speak to get to the Capitol to testify. Ultimately, the bill is expected to win committee passage by a 4-3 vote, thanks to a compromise worked out between sponsor Lee Constantine, R-Altamonte Springs, and Sen. Chris Smith, R-Ft. Lauderdale. Smith, considered the swing vote on the committee, demanded a provision allowing for a $2-a-day rental car surcharge, subject to approval by county commissioner's and a county's voters. South Florida legislators want the money to help fund their TriRail commuter rail operation.

However, Sen. Paula Dockery, R-Lakeland, insists she has 26 votes in the 40-member Senate to kill the bill when it comes to the Senate floor."

Smith is a Democrat.