Politics

Senators Sue Scott Over High-Speed Rail Rejection

Petition asks Supreme Court for $2.4 billion in federal funds
By: Kenric Ward | Posted: March 1, 2011 2:59 PM
Sens. Thad Altman and Arthenia JoynerSens. Thad Altman and Arthenia Joyner talk to the press Tuesday about their lawsuit challenging Gov. Rick Scott's move to kill the high-speed rail project | Photo: Gray Rohrer
In what was billed as a bipartisan bid to counter "an abuse of power," two state lawmakers sued Gov. Rick Scott over his rejection of federal high-speed rail funds.

Sens. Thad Altman, R-Melbourne, and Arthenia Joyner, D-Tampa, asked the state Supreme Court on Tuesday to order the governor to accept $2.4 billion in stimulus funds from Washington, D.C., to build a controversial Tampa-Orlando train line.

Altman and Joyner filed their suit as "an emergency petition," citing a one-week deadline given by U.S. Transportation Secretary Ray LaHood for Florida to accept the rail funding.

The lawsuit argues that a 2009 bill authorizing the HSR project and the SunRail commuter line in four Central Florida counties cannot be severed by Scott. Scott has not indicated his position on SunRail.

According to the legislation, both train systems would be overseen by Florida Rail Enterprise, under the state Department of Transportation.

The bill gives "Florida Rail Enterprise ... the full authority... to plan, construct ... and operate a high-speed rail system."

"No governmental entity other than the department may ... construct or operate high-speed rail ... except upon specific authorization of the Legislature."

The suit noted that Gov. Charlie Crist had requested the funding a year ago, and certified that Florida would "maintain its effort" to pursue construction of the rail system.

"Both the application for and award of these monies occurred and were completed under a prior Legislature and a prior governor," the suit stated. "The legislation implementing high-speed rail and the appropriations of the state and federal monies were fully accomplished prior to the election or inauguration of [Scott]."

Arguing that Scott overstepped his authority, the suit stated:

"Instead of completing the ministerial act of accepting the funds for the high-speed rail project as he was required to do, [Scott] instead requested that the monies be used for other Florida infrastructure projects.

"Such a claim of authority and the attempt to (1) reject the monies appropriated by the Florida Legislature; (2) reject financing specifically mandated by the Florida Rail Act; and (3) refuse to comply with the express directions of the High Speed Rail Act, all exceed [his] constitutional authority."

The 24-page petition was accompanied by dozens of pages of exhibits. It was submitted on behalf of Altman and Joyner by Clifton McClelland Jr., with the Melbourne law firm of McClelland Jones Lyons Lacey & Williams.

In a statement issued after the suit was filed, Joyner said, “The issue at hand is the ability to create a state-of-the-art rail line, at no cost to the taxpayers, and put people to work now and in the future.

“Stopping this project not only went against everything the governor promised during his campaign, it goes against his constitutional authority as well. The money Florida taxpayers sent to Washington should return to benefit Florida. Unfortunately, litigation was the only way to make that happen.”

"We need to let (Scott) know that this is not a monarchy and he is not a king," Joyner said.

Altman added, ”Our founding fathers created a system of three separate and co-equal branches of government. To maintain the integrity of our democracy, it is incumbent that we assert the rights of the people who elect their representatives. And the Surpeme Court is the proper venue to seek relief.”

Altman said he has spoken with Democratic Sen. Bill Nelson, "and we've asked for Secretary LaHood to give us more time."

Comments (7)

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Meagan
1:05PM MAR 2ND 2011
All the comments on this page sound ridiculous. You mean to tell me that after this train is built no one is going to ride it? Of course people are going to ride this train. A train from Orlando to Tampa is what all the tourist want. One day Disney the next Bush Gardens and the coast. Sounds pretty good to me. Get your head out of Rick Scotts' butt and then maybe you'll see.
Robert Lloyd
9:11AM MAR 2ND 2011
A new low in government and a glimpse into the obvious lack of quality in elected representatives. Trying to force a governor to take tax money? Granted, the federalies stole the money to begin with, but then to try and force the governor to partake in this fraud? Wow...

We are beyond correcting this socialist state via the ballot box. Eventually, our children will be facing civil unrest similar to what is going on in the middle east.
Ann Anon
4:03PM MAR 2ND 2011
R. Lloyd, Spoken like a true Tea Party/Libertarian/Republican. This governor needs to know he cannot run roughshod over legislation that has already passed. He seems to think he has become king! I would ask you to do your own research but know in advance that it would be useless. It is only the tri-party line that counts. Please, reasonable, thinking republicans stand up for the HSR. Florida needs alternative transportation AND JOBS.
John Philips
3:11PM MAR 2ND 2011
I would understand people being upset if this was a train from Ocala to Gainesville or Tampa to Gainesville, but this is a train from the #1 Tourist capitol of the world. THE WORLD. To the next closest Major Florida city. I don't know about you, but I love the idea of less tourists driving on I-4 or less people in general.
BM
9:17PM MAR 1ST 2011
Okay for the sake of argument let's say this train is built. I mean it is zipping down the median at 79mph. All is right with the world. Except no one is riding the thing.

So, in an effort to increase ridership they lower prices and since the train does not really go that fast for that long they decide to wrap the cares with advertising to help cover costs.

But wait. The price is still too high for the economically disadvantaged. You know, the poor and since there are no boxcars to hop how do you expect the homeless to ride on it? So, they will get vouchers for free rides.

Now after the company who built the thing throws their hands up in the air in disgust for their millions of dollars a year and goes back to; Spain, France, Japan, China?

WHO THE HELL IS GOING TO PAY THE BILLS THEN?

Answer that question Bill Nelson, Paula Dockery, Thad (the cad) Altman? Who is going to pay the bills? Federal Government is broke. Florida is broke. So tell us who?

You self-proclaimed champions of industry have no clue. We look at you and realize that you are fakes.
colleen fida foster
7:39AM MAR 2ND 2011
I agree completely- who will ultimately foot the bill? This train to Disney does good for whom? The ecomonically challenged who have money for Disneyland? Let Disney pay for the rail. Governor Scott has every elected right to keep the taxpayers in mind and not mire them further into debt. IF this goes through, I'll be watching to see who cuts the ribbon for the project and places the noose around taxpayer necks. They won't be getting MY vote.