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

[FayeforCure]

I'm back on, but through a repeat here: http://www.wfsu.org/flashwebcasts/web3.php

Florida Channel Web 1

Looking forward to getting back to the point where the other broadcast left off.

[tufsu1]

yeah...I only saw a little bit....but it didn't look promising

[FayeforCure]

So yeah, there wasn't much more anyway.

But what was interesting is that it was brought up by Justice Perriente that conceivably the legislature could refuse to appropriate funds 5 years into the project and that the federal government should really have an ability to make sure a project that was committed to, would be completed.

The petitioner said yes, but it is solely the the prerogative of the legislature, or the governor by way of veto of an already passed appropriation.

BTW in gov. Sanford's case the entire award was appropriated, so it could not be stopped by Gov. Sanford.

[FayeforCure]

Clifton McClelland, the attorney for Joyner and Altman, argued that the Florida Rail Act passed by the Legislature in December 2009 and approved by then-Gov. Charlie Crist obligates Scott to allow construction of the line.

"We have an articulated state policy to develop a rail line between the Tampa Bay area and Orlando," McClelland said.

He noted that the Legislature appropriated $130 million in federal money to get the project started.

The judges, though, hammered McClelland with questions about whether that appropriation would extend to the full $2.4 billion award, which would cover nearly all of the construction rail line's construction costs.

"The project cannot go forward without further appropriations by the Legislature. Isn't that correct?" asked Chief Justice Charles Canady. "This is a project that is still very much in expectancy. It's not something the Legislature has fully authorized."

Scott's attorney, Charles Trippe, argued that ruling in favor of Altman and Joyner and pressing for construction of the rail line would involve also requiring the Legislature to appropriate additional money, forbidding Scott from vetoing the appropriation.

"The scope of this is vast," he said.

Earlier Thursday, the mayors of Tampa, Lakeland and Orlando said Thursday that they have received assurances from the U.S. Department of Transportation that Florida would not have to pay back $2.4 billion if the high-speed rail project failed.

"If there is one point that I would like to get across to every single Floridian who is concerned about this issue, it is this: There is absolutely no risk to the Florida taxpayer in moving forward with the high-speed rail project," Tampa Mayor Pam Iorio said. "If the governor continues to maintain that there is risk to Florida taxpayers, it is inaccurate."

http://www.tampabay.com/news/politics/gubernatorial/florida-supreme-court-to-rule-on-high-speed-rail-suit-by-9-am-friday/1155031

[Ocklawaha]

Stephen, to be even more accurate, they are going to claim the FEC RY project as HIGH SPEED RAIL to Jacksonville (90 mph - if it ever gets done) and the Commission has no more intent to spend more money to send a line to Jacksonville then that - EVER!

really...did you attend the meeting last month Ock?

btw...the new Federal proposal for high speed rail sets up three different levels based on speed....90mph isn't called high speed rail...I think they are calling it enhanced corridor service

Why should I or anyone else attend when we hear things like how many cars will be taken off an I-4 commute that this train will have no effect on what-so-ever? How about the line where freight will help offset costs? Or my favorite, "If just 5% of the (implied) 50 million passengers a year from the Orlando Airport use it then blah, blah, blah." Your average 6 year old knows better.

These guys will and have said ANYTHING to get this money for this project, what makes you think they are not promising the moon and stars to get SCOTTsonville to support their boondoggle? It ain't gonna fly wilbur, and even less so to JAX.

OCKLAWAHA

[thelakelander]

^More reason for an RFP to be issued to the private sector.  Let's have the professionals take a look at the corridor and develop their own product solutions before losing $2.4 billion in funding and putting the rest of our rail plans on financial ice instead.

[FayeforCure]

^More reason for an RFP to be issued to the private sector.  Let's have the professionals take a look at the corridor and develop their own product solutions before losing $2.4 billion in funding and putting the rest of our rail plans on financial ice instead.

Hear, Hear!! Lets hear from the capitalistic companies!!! For if they approve........all is well.

1. The federal gov already guaranteed they will not ask for their $2.4 billion back even if the company supposedly fails
2. The winning bidder will absorb construction and operating expense overruns.

Nothing to loose for the state of Florida.

[FayeforCure]

LaHood repeatedly made no bones about his strong support for high speed rail money, though he didn't explain why he's been so open to preserving the Florida project, when he gave up so quickly after Governors in Ohio and Wisconsin rejected their own high speed rail money.

"More than two-thirds of Florida residents support state/federal investment in high speed rail," LaHood argues.

President Obama goes to Florida today for an education event and two fundraisers in Miami, one for Sen. Nelson.

We'll see if any high speed rail news gets made aboard Air Force One.

http://blogs.ajc.com/jamie-dupree-washington-insider/2011/03/04/the-vultures-circle/?cxntfid=blogs_jamie_dupree_washington_insider

[Ocklawaha]

Nothing to loose for the state of Florida.

By moving ahead with this we have nothing to lose but the future of HIGH SPEED RAIL in America...  Yeah, nothing.


OCKLAWAHA

[thelakelander]

Only if you assume that no modifications can be made to what the state has developed so far.  At this point, unless someone has seen an RFP stating this, that assumption would be premature at best.

[JaxByDefault]

After oral arguments yesterday, the Florida Supreme Court has ruled that Rick Scott has the authority to reject the $2.4 billion in federal funds for HSR.

Looks like the money is going to other states.

Florida high-speed train project derailed; Court rules for Scott
By the CNN Wire Staff
March 4, 2011 11:34 a.m. EST


(CNN) -- Supporters of a proposed high-speed rail system in Florida had hoped to get the project back on track Friday -- the deadline to accept $2.4 billion in federal funds -- but the Florida Supreme Court has ruled that Gov. Rick Scott can reject the money.

The court's decision Friday followed a lawsuit filed against the governor by two state senators -- one Democrat and Republican -- who claimed Scott would overstep his executive authority and be in violation of Florida's constitution if he did not accept the funds.

...

http://www.cnn.com/2011/TRAVEL/03/04/florida.high.speed.rail/index.html?hpt=T2

[thelakelander]

Yeah, its gone.  USDOT already announced that the money would be immediately split among the other 35 states working to implement HSR.

[Jimmy]

That's too bad.  I think the Court made the wrong call, but we're stuck with the outcome.

[thelakelander]

That's the name of the game.  Just keep your seatbelts on.  This won't be the last domino to drop in Tallahassee.

[tufsu1]

That's too bad.  I think the Court made the wrong call, but we're stuck with the outcome.

after watching the oral arguments yesterday, the court was right....the petitioners had no standing

the one who made the wrong call is the Governor