High Tension Over Florida High-Speed Rail

April 03, 2011

This past month's battle over high-speed rail funding has raised multiple questions, the most significant of which is: did Florida Governor Rick Scott overstep his executive authority by refusing federal funds for the Tampa-Orlando rail project? In a unanimous decision on March 4, 2011, the Florida Supreme Court answered: no.

The debate began on February 16, when Gov. Scott announced that he was rejecting federal funding from the Obama administration's high-speed rail investment plan. He had concerns that the construction cost would exceed the 2.4 billion dollars of federal funds available, causing Florida state taxpayers to shoulder the cost. He also believed that there would not be enough riders and that the benefit to the state would not outweigh the cost of the high-speed rail.

Many factors contribute to the cost of high-speed trains, including specially-constructed rail lines designed to handle speeds ranging from 170 to 225 mph. Also, as the Federal Railroad Administration has ordered Florida to reduce the number of motor-vehicle accidents at railroad crossings, additional funds must be spent to ensure safety for train passengers as well as those in other vehicles.

Bipartisan Challenge

Senators Thad Altman, R-Melbourne, and Arthenia Joyner, D-Tampa, challenged the governor's decision in a lawsuit, claiming that Gov. Scott did not have the constitutional authority to reject the funding. They argued that Scott's decision violated the separation-of-powers clause of the Florida Constitution, which reads: "No person belonging to one branch [legislative, executive or judicial] shall exercise any powers appertaining to either of the other branches unless expressly provided herein."

Oral arguments in court centered largely on whether the Florida Legislature would be required to appropriate, or authorize, spending the federal funds. Governors have the option to veto appropriations passed by state legislatures. If there were any future appropriations for the high-speed rail project, Gov. Scott could have vetoed them and stopped the project in its tracks then. Yet, if the project did not need further appropriations, he may have overstepped his authority by turning down the federal funds.

While the challenge turned heads, the Florida Supreme Court unanimously dismissed it, stating that there was no relief available to the petitioners. Little explanation was given by the court in its short decision. However, it appears that the Legislature had not appropriated all of the federal funding available for the high-speed rail project.

Second Chances for the Regional Rail Authority

Shortly after the Florida Supreme Court rang the death knell for the Tampa-Orlando rail project, the U.S. Transportation Secretary, Ray LaHood, attempted to revive the project. LaHood made it possible for a regional rail authority -- formed by Tampa, Orlando, Lakeland and Miami -- to bid for the federal funding without the governor's approval. It appears, however, that the regional rail authority will not be able to meet the April 4, 2011, bidding deadline.

In addition to the 24,000 jobs that constructing the high-speed rail would have created, the Florida Department of Transportation recently determined that there would have been an operating surplus in the rail's first year.

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