Rick Scott Can Reject High-Speed Rail Funds: Florida Supreme Court

TALLAHASSEE, Fla. — U.S. Transportation Secretary Ray LaHood announced Friday that he plans to send $2.4 billion in high-speed rail funding intended for Florida to other states after the state Supreme Court upheld Gov. Rick Scott's decision to reject the money.

The Republican governor's decision effectively kills the Tampa-Orlando route, but Sen. Bill Nelson, D-Fla., said LaHood later agreed to consider a last-ditch attempt to revive the project. His idea is to let a regional rail authority in central Florida compete with other states for the money Scott rejected.

"If it can't be done, then we're done," Nelson said, calling the proposal a "Hail Mary pass."

Until Scott's election in November, the Florida route had been on track to become a leading example of how the Obama administration's stimulus plan is creating jobs and reviving the nation's passenger rail system.

Several states, including New York, Virginia, Vermont, Delaware and Rhode Island, have asked LaHood for Florida's rail funds. But the only project that would achieve the high speeds associated with bullet trains in Asia and Europe would be California's.

"I know that states across America are enthusiastic about receiving additional support to help bring America's high-speed rail network to life and deliver all its economic benefits to their citizens," LaHood said in a statement.

Scott submitted a formal rejection of the funding shortly after a Friday morning telephone conversation with LaHood. Friday was Scott's deadline to accept the money.

Nelson said LaHood told him he would have his lawyers review the regional rail authority idea – which would not involve the state – next week. It would include Tampa, Orlando, Lakeland and Miami. The Orlando-Tampa route is envisioned as the first leg of a system that eventually would extend to Miami.

"The best project – why the secretary has hung in there with us – the best project in the entire country is right here" in Florida, Nelson said in Miami, where he announced a $22 million federal grant for a rail project at the city's port.

Scott, an outspoken critic of the stimulus program, had said the rail project would put Florida taxpayers on the hook for billions in cost overruns and operating subsidies.

State Sens. Arthenia Joyner, a Tampa Democrat, and Thad Altman, a Viera Republican, disagreed and sued Scott. Joyner said in a statement that the lawsuit sends a message to the governor that his actions will not always go unchallenged.

"Just because he can do it, does not make it right," Joyner said.

They said overruns and subsidies would be the responsibility of the private company contracted to build and operate the system and argued state law gave Scott no choice but to accept the money.

The Supreme Court issued a brief but unanimous decision siding with Scott less than 24 hours after hearing oral arguments. The unsigned opinion said the senators did not show they were entitled to an emergency court order that would have required Scott to accept the money.

Scott spokesman Brian Burgess said in a statement that Scott was pleased with the court's decision.

"He is now focused on moving forward with infrastructure projects that create long-term jobs and turn Florida's economy around," he said.

The ruling disappointed rail boosters such as Nelson, who said a rail system would have eased congestion on an interstate system that's already clogged during rush hour.

"And it's unfortunate for the 24,000 people that will not have these jobs in the next few years," Nelson said.

LaHood thought he'd found another way to insulate the state from liability by letting local governments manage the project, but that plan still required some state involvement and Scott's approval.

Scott is the third Republican governor elected in November to kill rail projects approved by his predecessor. Governors in Wisconsin and Ohio also turned down funds previously agreed to by Democrats for the national high-speed rail system, which President Barack Obama wants to make a signature project of his administration.

In Florida, the money had been accepted by Republican-turned-independent Charlie Crist, who lost a U.S. Senate race last year.

___

Associated Press writer Jennifer Kay in Miami contributed to this report.

Comments

[mjtaylor22]

01:37 PM on 03/09/2011

job killing Republcians

[greenygenie]

03:53 AM on 03/08/2011

There are some staunch "conservative" voices here.
I have an article for you: http://www.amconmag.com/blog/keep-america-moving/rail-against-the-machine/

[joscallinet]

06:02 PM on 03/07/2011

It is time now for Rick Scott to propose an amendment to the Florida State Constitution which, if adopted, would forbid Florida from spending ANY public taxpayer money, state or federal, on rail-based projects of ANY kind whatsoever within the borders of the state of Florida.

It is clear that we Floridians, and our forward-thinking governor, are quite happy with our transportation status quo. We have our roads, and we must maintain and improve them. Our roads give us the freedom to travel where we want, when we want, in our private autos. We neither need nor wish ever to hear any more foolish and wasteful proposals to spend our scarce public dollars on useless porkbarrel "hi-speed" trains. These highspeed trains boondoggles are Florida's (and the nation's) equivalent of the infamous Alaskan "Bridge to Nowhere," which mercifully has been allowed to die.

Leave this foolhardy and wasteful high-speed train nonsense to the Europeans and Asians! We Floridians have far more important fish to fry.

Bravo to Governor Scott and the Florida Supreme Court.

[EPLURIBUSUNUM1]

04:55 PM on 03/07/2011

“I remain convinced that the Governor’s unilateral decision to reject over 2.4 billion dollars is an overreach, even though the Court disagrees."
(UNANIMOUSLY... ed)
“Just because he can do it, does not make it right. Two point four billion dollars of new money would have gone a long way to help Florida."
(Wahhh!.. It's not faaaiiirrrr!!... Another wax-paper moment AND all that "new money" was 40% borrowed, 60% taxed enough already and 100% foolish because of all the strings attached, overstated benefits and understated risks/costs... ed)
“While we may not have prevailed in this action, the governor is on notice that his actions will not always go unchallenged."
(So, THERE!.. And, even IF those challenges are a waste of time and taxpayer money and go down in smoking defeat both in legalities and popularity... ed)
“We will continue to represent Floridians, safeguard their interests, carry out our Constitutional obligations, and, when necessary, take the appropriate steps to remind the governor that he, too, is answerable to the people.”
(Especially when those we represent are a special interest, that got us elected and need their interests safeguarded, and because we don't know what our constitutional obligations are and because, according to Rick Scott, his job is to be answerable to the "Customers and Stockholders of Florida - The Taxpayers", instead of the "people", like us, who are really nothing more than pompous, bloviating Senators... ed.)

[hark]

08:55 PM on 03/06/2011

This is a country where it is impossible to get non-ideological answers to anything. I don't know whether high speed passenger rail(as opposed to freight, which seems like a slam-dunk but is never discussed in this country) is a good idea in such a large, and less densely populated country than other western nations. And it is impossible to find out, because the right wingers never talk facts, only ideology, and Democrats are so weak and wimpy they won't stand up for anything.

It is frustrating beyond measure.

Why can't we ever have intelligent discourse in the United States?

[bobdole1979]

09:06 PM on 03/06/2011

Freight works great in America. We have one of the best freight systems in the world. However as for passenger we don't need to have a discussion about it because we have the facts. While some passanger systems work great in some cities the majority of them only survive on subsidies.

As for High speed rail there is a system that travels between Boston, New York, Philly, Balitmore and D.C. Now that should be a highly used system but it's not. I believe it is just starting to turn a profit.

So if it is barely profitable in the Northeast corridor what are the chances a similar system will be successful in other parts of the country where there are fewer higher populated cities?

The other major problem with High speed rail is that you need large straight aways for the train to reach maximum speed. Unfortunately with the way America is set up we don't have that available.

[greenygenie]

02:28 AM on 03/07/2011

Regarding your last paragraph...

There's plenty of "straightaway" room between Orlando and Tampa. In fact, in general the roads in Florida from east to west (and vice versa) are greatly lacking.

Florida is not a problem when it comes to the "straight-away" argument. Nor is most of the country.

Yes, cities are dense. But between the cities, no. Less than 20% of U.S. citizenry live 'tween our cities. We do indeed have the "room" and the "set-up" to make high-speed rail a reality.

[LJayNYC]

10:23 AM on 03/07/2011

I'm sorry but the Northeast corridor is not high-speed rail. Amtrak runs at max 60mph (?) and the tracks are so worn down and congested that there are daily delays, mechanical issues, signal problems, and cancelled trains. The reason it's not profitable is because it's an old system that needs a major overhaul and true high-speed rail technology. Once that happens many more people will ride it.

[joscallinet]

07:08 PM on 03/07/2011

We can't have intelligent discourse in the United States because at present WE - and THE PEOPLE WE ELECT TO PUBLIC OFFICE - and the NEWS MEDIA we rely on to present us with the facts as accurately and dispassionately as possible - all three social elements have become so inwardly-turned, self-preoccupied and polarized as to prevent any one from stopping long enough to LISTEN to what the other two are saying before perhaps then RESPONDING intelligently.

It appears we are about to cross, if we haven't already done so, a critical point of no return, where we as a nation have largely lost our ability to both LISTEN and BE HEARD.

Rarely can we express or, heaven forbid, debate our differences of opinion without our perceiving those who disagree with us as launching a personal attack on us. Thus, for the most part, in self-defence, we end up talking past each other, with neither side taking the time nor having the patience, the self-confidence or the consideration and respect for others, to LISTEN to what the other side is saying or to have the confidence and reassurance that the other side is really HEARING what we have to say.

We desperately need to return to an ethic of respectful dialog and civil exchange of ideas. Our country will not long prosper or survive if we continue on this present insupportable course.

[TexasTreader]

04:42 PM on 03/06/2011

*Harumph, harumph, harumph*
"Hey, I didn't get a harumph outta that guy!"
"Give the Governor a harumph!"

[TexasTreader]

04:34 PM on 03/06/2011

My son outgrew choo-choos at age 4. What is it about libs?

[HistoryGuru]

05:49 PM on 03/06/2011

Don't you know that they believe trains aore the future? That's why they are willing to defund NASA to build trains that will run empty of passengers.

[bobdole1979]

01:10 PM on 03/07/2011

that made me spit my coffee out. You win

[mjtaylor22]

01:39 PM on 03/09/2011

yes you area dumbazz.....thanks for dumbing down the discussion a notch or two

[truly moderate]

02:05 PM on 03/06/2011

I live in Maryland. I remember when Erhlich was governor and he was fine with accepting federal funding for roadway improvements. Hes a Republican but a Maryland one so might as well be a democrat, lol.

I don't really like Governor O'Malley for personal reasons (there was a major issue with the National Guard military budget that he delayed on and it cost soldiers a delay on their pay for those serving in active postions, about 1000 soldiers) but hes definately not a bad governor when it comes to Maryland Bussiness. His focus is on small to medium bussiness and in Maryland a lot of bussiness is local and smaller. The healthcare act he set up immensly helped local employers and local doctors to better manage costs (see Martin O'Malley blog on Maryland health care here at the HP). Here in MD, even even conservative areas, there isn't the fire and brimstone approach to progressive ideas. There is some resistance but the political climate here is very calm and there isn't nearly all the clashing you see between Maryland's mildly conservative community and democratic one. Maryland tends to not be overly liberal or strongly conservative so perhaps since most people can still see the middle, that might be part of the mild climate.

[HistoryGuru]

01:55 PM on 03/06/2011

The proposal is for a high speed rail between Tampa and Orlando. The Left assumes there will be ridership to justify the cost. After all, it is high speed, capable of traveling at 250 miles an hour.

The problem is that Tampa and Orlando are 85 miles apart.

Obama calls high-speed rail essential “infrastructure” when it’s actually old-fashioned “pork barrel.” The interesting question is why it retains its intellectual respectability. The answer, it seems, is willful ignorance. People prefer fashionable make-believe to distasteful realities. They imagine public benefits that don’t exist and ignore costs that do.

The absurdity is apparent. High-speed rail would subsidize a tiny group of travelers and do little else. If states want these projects, they should pay all costs because there are no meaningful national gains. The administration’s championing and subsidies—with money that worsens long-term budget deficits—represent short-sighted, thoughtless government at its worst.

[RVU]

02:20 PM on 03/06/2011

Absolutely correct. This is why the Whitehouse is so key on 'seed money'. They spend for a fraction of these union boondoggle projects and leaves it to the states to funds billions (sometimes 10s of billions) of dollars more to pay for cost overruns. If the governmint was really focused on infrastructure, it would not have directly given the union pensions a direct 150 billion dollar bailout in the stimulus and would have suspended Bacon-Davis act to get these projects done. However, all these projects are dem attempts to kick back to unions until proven otherwise.

Look at the "Big Dig" in Boston. It was a union controlled project that had a decade long over run and cost 4 times as much-12 billion dollars more than estimated to build. It is little surprise that Tip Oneils name is on front of the tunnel since it is testimony to how bad big govermint can be. The same thing happened with Gov. Christie and the tunnel transit tunnel to NY-with NJ expected to pay the multi-billion dollar overun union costs involved and a project that seems endless.

Contrast this to any one of the many big projects in a 'right to work' state. Take for instance the airport/tarmac expansions in Charlotte. The project was performed within budget and on-time.

[Rodger leMonde]

04:30 PM on 03/06/2011

Orlando is already an international tourist destination. High speed rail would open the Tampa bay area to increased tourism. This could also open up the center of Florida to affordable commutes to these major cities.
If his Jebness hadn't messed things up Florida would have had high speed rail up , running and paid for by now. We should have high speed rail running down the length of the state as well. Maybe when gas gets to $5 we will realize that.

[bobdole1979]

05:36 PM on 03/06/2011

not really. Couple problems with your proposal

1. orlando and tampa are not built around walking. So if you visit either city you need a car or taxi. Using either would render the need for a high speed rail useless as you would end up paying more then you save on additional transportation.

2. Orlando is a huge tourist destination as you stated. However there is more then enough stuff to do there for at least two weeks. Especially with 2 new theme parks being built ( Legoland and Orlando Thrill park) and expansions to both Disney and Universal there is little to no reason to go to Tampa.

3. Rail systems are almost never profitable. Can you name a single profitable rail system in the US? No you can't Every rail system in the US is running because of huge government subsidies.

Oh and I live in Tampa btw.

[Chris1962]

01:17 PM on 03/06/2011

>>>They said overruns and subsidies would be the responsibility of the private company contracted to build and operate the system>>>

There's a slight difference between "operating" and forever thereafter maintaining a system. Who's gonna be paying for rail inspections and maintenance, and airport-style TSA security?  I'm gonna take a wild guess that We, the People, are gonna be picking up those tabs.

And who says that drivers are gonna quite naturally start taking the train, instead? And what happens if the trains fail to attract enough passengers and the private company goes bust? Who's gonna be "operating" the system then? The state government, by any possible stretch of the imagination?

>>>But the only project that would achieve the high speeds associated with bullet trains in Asia and Europe would be California's.>>>

One state in the nation. Oh, but let's spend a couple of hundred billion MORE bucks that we don't have, anyway, despite not even knowing how many drivers would even consider switching to the rail. Let's just ASSUME it would be tons of them.

[truly moderate]

11:42 AM on 03/06/2011

Sounds like this was all about a "political move" by a tea bag planted governor.

There is objection from a joint filing of a Dem and GOPer so that right there tells me this is not about the economy, left - right, or what is good for Florida. This is part of the ultra conservative tea party movement to stop any Presidential sucess from happening, even if those sucesses tremendously benefit the state.

Man WI and FL, I can understand voting GOP, but to vote tea party gurus in? What's wrong with you?

[JAT3]

11:53 AM on 03/06/2011

I think some voted for baggers as if it was fashionable. But be upset, mad, etc...I mean what pres has pleased everyone or the opposing party in our history? They want to talk about BO experience but look how many on the right and baggers never ever held any public office. So could some of the hurdles we be facing just be Lock n Step because of the party of NO's agenda? Hmmmm

There are jobs to be created here. Isn't this was the right party campaigned on about jobs? Yet they've only looked at cuts and cutting jobs! Amazing!

[truly moderate]

12:04 PM on 03/06/2011

I think many that voted R will realize they got more than what they bargained for. Way more and not in a good way. Not all GOPers are bad (look at Scott Brown or Snowe) but too much ground has been taken over by the tea party that eventually all moderate GOPers will be forced to become Indies.

The independent party gleams hope for the future but with the country so polarized, the middle is being drawn either left or right.

[Chris1962]

01:26 PM on 03/06/2011

>>>This is part of the ultra conservati­ve tea party movement to stop any Presidenti­al sucess from happening>>>

Oh, please. This business-clueless president has NO idea of how many people would even be interested in taking these not-so-high-speed trains instead of driving. This is nothing more than yet another desperate attempt to kick-start his failed stimulus plan with a "big idea" that hasn't even been researched to ascertain whether a market even exists for a shiny new not-so-high-speed rail system.

[kennyfloyd]

11:23 AM on 03/06/2011

"He is now focused on moving forward with infrastructure projects that create long-term jobs and turn Florida's economy around," Didn't he just say no to that? Won't these infastructure projects have cost over runs and subsidies?

[andycash]

10:46 AM on 03/06/2011

Rick Scott won the 2010 election by 67,058 votes or a half percent( 0.005%) of all eligible voters.
Also 7.1 million Floridians did not even care to vote. That's 57.3% non-voters of all eligible voters.
What makes us think that those 24,000 Floridians would even show up to work on the
high-speed rail project? Maybe the rail system would only travel 42.7 % of the distance from
Orlando to Lakeland instead of to Tampa, and only a half percent of the seating would be needed anyway.
When you review the same stats for other states with newly elected Republican Governors,
(WI,OH,NJ) things don't look much better. Seems that citizens would prefer to return to those good ol' horse and buggy days instead.
The truth is that there's really nothing high speed about Florida.

[Cookieman62]

11:00 AM on 03/06/2011

5.76 million did not vote in Florida's 2010 general election, not 7.1. He would by 100 time larger margin than you claim, .5% vs .005%.

Your fuzzy math leads me to believe must be a government bureaucrat.

[andycash]

11:25 AM on 03/06/2011

Thanks for checking my math - sorry for the extra zeeros.
The election result numbers however don't change.
How many registered voters are in Florida?

Voter Registration as of: 8/24/2010:

Republican: 4,008,121
Democrat: 4,621,825
Other: 2,525,833
Total: 11,155,780 ,

Total eligible voters: 12,406,000
Citizens who did not vote: 7,112,879

Rick Scott(R) got 2,589,915 votes
Alex Sink(D) got 2,522,857 votes
others: 180,349

Total: 5,293,121

Scott won by 67,058 votes

[GeorgieGirl9]

10:37 AM on 03/06/2011

Scott is a smart man.

[truly moderate]

11:46 AM on 03/06/2011

What is smart about rejecting a high speed rail infrastructure? Being able to move more people into florida will benefit their economy in the long run. In addition, our country needs a better rail system. Presidents have generally supported better infrastructure so this move seems less of a GOP/DEM opposing sides ordeal and more of the tea party side of the GOPs influence, which seems to have overtaken about 2/3rds of the party.

As an Independent, I think Scott is making a very bad move for Florida here.

[bobdole1979]

09:21 PM on 03/06/2011

except it won't benifit the economy. It will end up being subsidized by the government to keep it going.

I am sick of people saying we need a better rail system. IF you knew anything we have one of the best freight systems in the entire world. We ship more stuff by freight then all of Europe combined.

This is a extremely expensive project that can only be used by a very very small percentage of people.

1. Neither Tampa or Orlando are designed for pedestrians so once you get to either city you need either a taxi or a car to get around. So right there you already defeated the purpose of it as it will end up costing you more money to get around and take you longer.

2. Time according to the plan it normally takes a person drving 1 hour and 31 mins during TRAFFIC to get from Tampa to the Orlando Airport (the first stop) It takes the train 1 hour and 4 mins. A difference of 27 mins. Of course that is during rush hour. Now when you factor in time to park your car go buy your tickets and wait for the train it is now faster to drive to your destination.

As an independent and a Floridian, I think Scott is making a very good move for Florida here. Oh also Scott campaigned on making sure this never passed.

[TexasTreader]

10:27 AM on 03/06/2011

OK, libs love choo-choos. So put them in YOUR states and pay for them with YOUR money. Ignore the regulatory, legal, geological and market obstructions and build yourselves great big shiny ones. If it works, I'll sit down to a plate of crow with no complaints. However, I predict that they will be bottomless boondoggles and stations will be nothing more than urine-stained shelters for vagabonds if they're ever even built.

[Itsbushesfault]

10:37 AM on 03/06/2011

I with you one that one. Just look at Am-Trac. At least it goes somewhere. This thing in Florida is like the bridge to no-where

[Bruce Whitaker]

11:04 AM on 03/06/2011

You conservs are really a sad bunch. Im gonna use a term you dont like-evidence. Where is the evidence for your opinion? Ill bet you have none. You may wanna look right in your backyard for really good -oh my god here it comes- EVIDENCE for the great economic impact of the Dallas DART system. The positive economic impact of mass transit is overwhelming. There is data everywhere. As a typical conservative you are driven by ideology devoid of any evidence to support your thoughts. Sad.

[bobdole1979]

05:53 PM on 03/06/2011

Helps if you know what you are talking about. DART is a light rail system in one city that has multiple lines going to different areas of the city.

This is a high speed rail system that can travel up to 250 mph between 2 cities that are 89 miles apart. It cuts travel time between the two cities down by about 15-20 mins.

If you want to compare it to another High speed rail system look at the Acela Express that connects the Northeast Corrider.

There is a system that travels between Boston, New York, Philly, Balitmore and D.C. Now that should be a highly used system but it's not. I believe it is just starting to turn a profit.

But think about that if a high speed train that links the Northeast corridor can barely make a profit then what chance does a high speed rail between orlando and tampa have?