Rick Scott's Argument Pitful and Untrue, Legislature to Sue over High Speed Rail

[FayeforCure]

Faye.

No one is in the business of 'convincing you' of anything in their personal lives, and Bridge Troll certainly doesnt.

I vehemently disagree with many of his opinions, but its egregious to imply that he is lying about his travel.

Ive met him in real life, and he has travelled.  I know that you lived abroad, and the same assumptions about where a privately educated woman abroad would have visited can be made.

Lets move on to the issues and get out of this viper's pit please.

Stephen, if that last sentence is also directed at Bridgetroll with his statement "Have you taken your meds today?" then I fully get your point.

For now I will apologize for my part in this. And of course you are right.......I was privately educated in those countries alongside many state department folks, limiting my experience of life for the locals. Although I will give credit to the Shah for requiring International Schools to be open and free of charge to local folks in Teheran so that 80% of students were actually Iranian. Farsi was more commonly heard at the American International Scool (Iranzamin) than english!!

But let me also say that I was in high quality public schools in the Netherlands, and my 5 children are educated at public schools here in the US.

For some, traveling reinforces "America the Great." For others, it is a learning experience in that it exposes some of the flaws in the American system. There is no system that cannot be improved upon, but the believe in American exceptionalism precludes any possibility of making positive changes. Only regressive changes seem to rule.

[FayeforCure]

The high-speed train between Orlando and Tampa got an unexpected one-week reprieve Friday, just hours after Gov. Rick Scott again rejected $2.4 billion in federal money for the project.

The sudden shift may have been triggered by a possible lawsuit against Scott contending he has overstepped his authority by killing the train.

The suit, which could be filed as soon as Monday, is expected to argue that a law passed by the Legislature during a special session in 2009 compels Scott to pursue the train.

Two sources close to the situation said the suit likely would be filed with the state Supreme Court in Tallahassee. It was unclear who would sign on to it.

http://www.orlandosentinel.com/news/local/os-high-speed-rail-what-now-20110225,0,7534383.story

YAY for High Speed Rail and for holding governors accountable for over-stepping their constitutional boundaries!!!!

[BridgeTroll]

Awesome... though it certainly could not have happened in a dictatorship...

[JeffreyS]

The pressure is going to have to stay on the Governor is looking to kill this if he can.

[FayeforCure]

The pressure is going to have to stay on the Governor is looking to kill this if he can.

Yeah, I wonder if they can get a judge to issue an injunction against Scott to prevent him from turning it down a third time. All indications are that Scott does not want to change his mind ( as in any other dictatorship)

The additional time comes as good news to one Republican state senator, Thad Altman of Melbourne, who is considering taking legal action against the governor to save the project.

Altman said he believes Scott violated the Constitutional limits of his executive authority by killing the project after the Legislature had voted to move forward with it.

He said he could not comment on any specifics of a potential lawsuit.

“There’s some activity going on,” said Sen. Jack Latvala, R-St. Petersburg. “There’s some legal research that’s been done. But I’m not sure if a plaintiff has been determined or a law firm that will handle the case has been determined. There are active efforts going to find both.” Latvala said he’s not participating in the lawsuit, but he supports taking drastic steps to bring high-speed rail to Florida.

“If someone else wants to step forward and do it, more power to them,” Latvala said. “It’s a once-in-our-lifetime opportunity to get this train built.”

http://www.miamiherald.com/2011/02/25/2086004_p2/feds-give-more-time-to-high-speed.html##ixzz1F5do5MkW

They have to do something because there is no indication that Scott is even willing to see the facts, as he continues to LIE about them:

National Briefing | SOUTH
Florida: Trains Get Second Chance
By THE ASSOCIATED PRESS
Published: February 25, 2011

The Obama administration on Friday gave Gov. Rick Scott a week to reconsider his opposition to a revised proposal for high-speed trains between Tampa and Orlando, but the Republican kept up his criticism of the project. Transportation Secretary Ray LaHood offered the reprieve after meeting with Mr. Scott in Washington. At stake is $2.4 billion that the government would take back if Mr. Scott rejects the project. Mr. LaHood said the governor asked for more information and said he would make a final decision next week.

If Florida rejects the money, it would be reallocated to one or more other states seeking high-speed rail funds, including California, New York and Rhode Island.

“I believe high-speed rail is a federal boondoggle, as I said more than a week ago,” Mr. Scott said after the meeting. “I communicated to Secretary LaHood that as long as Florida remains on the hook for cost overruns, operating costs and paybacks in the case of default, I will vigorously oppose this project.”

http://www.nytimes.com/2011/02/26/us/26brfs-TRAINSGETSEC_BRF.html

Scott's lingo remains the same, despite the fact that his "concerns" have all been refuted over and over again.

Kathy Castor, D-Tampa, said in a Friday statement. “The plan we presented the governor met every test he mentioned and is a viable way to make high-speed rail and associated jobs a reality in Florida and not other states. "

http://www.bizjournals.com/tampabay/news/2011/02/25/florida-given-extension-on-high-speed.html

[FayeforCure]

Friday afternoon, Scott posted this on his Facebook page: "My position on high-speed rail remains unchanged. I believe high-speed rail is a federal boondoggle."

What kind of serious analysis could Scott have given LaHood's information between their morning meeting and his afternoon Facebook doodle?

Not only is Scott a broken record, he is disingenuous.

As state Sen. Paula Dockery, R-Lakeland outlined in a Friday Ledger op-ed column, "Facts of High-Speed Rail Are Favorable," "The private sector will pay for any cost overruns. This will be a legally binding agreement, with no risk to the taxpayers."

Dockery added that "The private sector will assume all ridership revenue risk" and that "The private sector will assume all risk for long-term operations and maintenance. The U.S. Department of Transportation would oversee the financial viability of the private industry and will hold it responsible financially, not the state of Florida."

Because of his inability to process facts and face the truth about state indemnity, Scott has become irrelevant.

As Dockery and others move ahead, they are pushing Scott aside:

On Thursday, The Miami Herald reported that State Sen. Thad Altman, R-Melbourne, said Scott had exceeded his authority and that Senate Republican leader Andy Gardiner "did not reject the possibility that a fellow caucus member would have a legitimate basis for suing the Republican governor."

On Friday, Dockery requested copies of all documents about an unreleased state high-speed-rail feasibility study.

Scott's main hold on rail is the Florida Department of Transportation's control over the I-4 right-of-way for the train tracks. The DOT reports to Scott.

Assuming sufficient support, the Legislature could pass a law to make the right-of-way available to cities' group.

Let's get to work.

[ Glenn Marston is editorial page editor. E-mail: glenn.marston@thledger.com. Phone 863-802-7600. ]

http://www.theledger.com/article/20110227/COLUMNISTS0308/102275015/1001/business?p=2&tc=pg&tc=ar

[FayeforCure]

The pressure is going to have to stay on the Governor is looking to kill this if he can.

YES!!!!!!

It's happening!!!!!!!!!!!!!!!!!

A lawsuit over high-speed rail could be waiting on the desk of Gov. Rick Scott as early as Tuesday. A bipartisan collection of lawmakers said

AND there is a precedent!!!!!!!!!!!!!!!!!!!!!!!!!!

A former state lawmaker, Buddy Dyer, recalled when then-Senate President Toni Jennings sued former Gov. Jeb Bush after he tried to eliminate millions of dollars in school funding approved by lawmakers.

Dyer said, "We won that lawsuit so there is some precedent there."

In that case, the State Supreme court ruled that a governor could veto an entire bill but not a portion within that measure.

"It's time to play hardball. It's a tough situation for the legislature but I think at some point in members of his own party, are going to have to stand up, and say that we are an independent branch of government and you're going to respect us."
- State Rep. Scott Randolph, D-Orlando


Sources told WESH 2 News the lawsuit could point to the bill authorizing high-speed rail and Sunrail in December 2009 and signed by then-Gov. Charlie Crist and make the claim no governor has the authority to reject portions of that bill.

http://www.wesh.com/news/27027956/detail.html

[thelakelander]

Might as well just drop a suit on him and let the courts decide.

3 mayors can't convince Scott to take high-speed rail money

Scott's refusal could set the stage for the filing of a lawsuit against the governor by state Sens. Thad Altman, R-Melbourne, and Arthenia Joiner, D-Tampa, in the Florida Supreme Court in Tallahassee today.

The senators are expected to argue that Scott is bound by a law passed during a 2009 special session of the Legislature to accept the federal money and build the train, which would be capable of speeds up to 168 mph.

full article: http://www.orlandosentinel.com/news/local/breakingnews/os-high-speed-rail-lawsuit-20110301,0,3305558.story

[FayeforCure]

Might as well just drop a suit on him and let the courts decide.

3 mayors can't convince Scott to take high-speed rail money

Scott's refusal could set the stage for the filing of a lawsuit against the governor by state Sens. Thad Altman, R-Melbourne, and Arthenia Joiner, D-Tampa, in the Florida Supreme Court in Tallahassee today.

The senators are expected to argue that Scott is bound by a law passed during a 2009 special session of the Legislature to accept the federal money and build the train, which would be capable of speeds up to 168 mph.

full article: http://www.orlandosentinel.com/news/local/breakingnews/os-high-speed-rail-lawsuit-20110301,0,3305558.story

So true!!

The sooner a judge issues a writ of mandamus to Scott, the sooner we can stop this folly!!

Does Scott realize that the Hawaii High Speed Rail is only funded by the federal government for 25%? We should be so thrilled that the federal government sprung for 90% of Florida's High Speed Rail funding, and that private companies are willing to cover the other 10%!!

It's one thing to look a gift horse in the mouth. It's quite another thing to slaughter a gift horse and send its disemboweled corpse back to Washington.

http://swampland.blogs.time.com/2011/02/16/floridas-rick-scott-sends-high-speed-rail-packing/

Nah, Scott is too worried HSR rail might be a success, and that's not what he wants for Obama. To heck with what Florida needs, or where our country should be moving to: innovation.

[FayeforCure]

Yay, it happened!!!!!!!!!!!!!!!!!!!!!!!!!

Rick Scott from killing high-speed rail. The suit asks the Florida Supreme Court to order Scott to "expeditiously accept" $2.4 billion in federal money

http://www.tampabay.com/news/politics/stateroundup/sens-joyner-altman-sue-gov-rick-scott-over-high-speed-rail/1154516

[fsujax]

Nelson ask for another weeks extension.

http://jacksonville.com/opinion/blog/403455/matt-dixon/2011-03-01/fast-rail-lawsuit-filed-bill-nelson-asks-feds-more-time

[Gators312]

It's scary to think how quickly our Florida representatives can cross the aisle to file lawsuits (HSR Suit & Re-districting Suit) yet on 99% of other legislation they are working against each other.   It makes me hesitant to believe they are doing it in the best interests of the State and more for their political interests. 

It's no secret that I agree with Ock's opinion that this project isn't the right project to be pushed so hard for.  I think a focus on getting Florida's major cities up to speed on local light rail first, then work on connecting them would benefit Floridians more.  I understand that this money couldn't be used for that, but in the 20 years that they have been pushing for HSR it would seem they should have developed a more sound plan.  At this point it's just lets get something done to say we did something in my opinion.

It's also scary to me that we have to say Yes to anything the Federal Govt. thinks is a good idea or we won't get any more projects done with their help. 

[JeffreyS]

This project may look better to us after the private sector has it's input.  We would have most likely had the RFP given out if not for this Delay by the governor.  I agree HSR is not the type of passanger rail I would like to have started with and agree with you that at some point we have to get something done.

[thelakelander]

It's scary to think how quickly our Florida representatives can cross the aisle to file lawsuits (HSR Suit & Re-districting Suit) yet on 99% of other legislation they are working against each other.   It makes me hesitant to believe they are doing it in the best interests of the State and more for their political interests.

True.  However, its even more scarier to think that something that has been through years of planning and on the verge of construction can just disappear, due to one guy being against the concept in general, without any facts to back him up.

It's no secret that I agree with Ock's opinion that this project isn't the right project to be pushed so hard for.  I think a focus on getting Florida's major cities up to speed on local light rail first, then work on connecting them would benefit Floridians more.  I understand that this money couldn't be used for that, but in the 20 years that they have been pushing for HSR it would seem they should have developed a more sound plan.  At this point it's just lets get something done to say we did something in my opinion.

The only major city not agressively making plans to improve their local transit options is Jacksonville (although JTA is pushing for BRT).  Tampa and Orlando both plan to have local mass transit spines connected with their HSR terminals by the time HSR is operational in 2015.  Miami is already extending metrorail to connect with their terminal (already under construction) and the airport.

It's also scary to me that we have to say Yes to anything the Federal Govt. thinks is a good idea or we won't get any more projects done with their help.

It's not that we have to say yes.  It's more about saying no the right way if you don't think the project is feasible.  For example, if Rick Scott has some real factual data to back him up or the bidding process came back unsuccessful, pulling the plug would make sense to all involved.  At this point, we don't really know anything about the project.  For all we know, significant modifications could come as a result of the bidding process and the price to construct could be cheaper than currently estimated.  

[fsujax]

The Governors response to the lawsuit filed by the FL State Senators.

https://acrobat.com/app.html#d=*z**poB5L*wlEer5BQZfug