Senate President Jeff Atwater

Choo-Choo bill heats up in the Senate posted by Aaron Deslatte on Mar 4, 2009 10:27:10 AM Discuss This: Comments (0) | TrackBack (0) | Linking Blogs | Add to del.icio.us | Digg it TALLAHASSEE -- The fiercest legislative critic of Central Florida’s $1.2 billion commuter rail project got her first at-bat against the bill authorizing the state’s insurance arrangement with CSX Corp on Wednesday. The insurance bill (SB 1212) cleared its first stop in the Senate Transportation Committee by a 6-3 vote after a testy, two-hour hearing. In front a basement room packed with local SunRail backers, Sen. Paula Dockery, R-Lakeland, grilled state Department of Transportation officials over its finer points. The committee is chaired by Orlando Sen. Andy Gardiner and seven of the nine senators present Wednesday are from Central Florida. But both Dockery and Orlando Democratic Sen. Gary Siplin repeatedly voted for amendments to substantially chance the deal. Siplin also voted against the bill. Both CSX freight trains and SunRail commuter passengers would share the rail corridor through downtown Orlando, which the state is attempting to purchase for $432 million. But the state would have to hire other contractors to handle dispatching, maintenance and other tasks on the line. The deal would create a $200 million “no fault” insurance policy covering accidents that involved either CSX or commuter trains – more insurance coverage than Tri-Rail commuter trains carry in South Florida. CSX has said it won’t sell the 61-mile rail line without the insurance agreement, which is similar to other shared-line commuter lines around the country. One of the main arguments for the insurance language -- known as “indemnification” – is to bypass the legal blame-game after a wreck and more quickly settle lawsuits brought by injured passengers or other people along the tracks. DOT general counsel Alexis Yarborough said without the insurance arrangement, “we will bogged down for years in hundreds of lawsuits trying to determine who was at fault for what” after a wreck. But the concept has produced 1,000 “what ifs” over which company or government would shoulder the liability for injuries. Dockery has log argued the deal was a steal for CSX, would flood her hometown with more freight traffic, and is unneeded to bring mass transit to the region. “It’s not about commuter rail,” Dockery said. “It’s really about shifting the liability off CSX and onto the backs of taxpayers of the state of Florida.” She offered amendments to the bill Wednesday to strip out “rail yards” from the areas where accidents would be covered. Dockery said without it, Florida taxpayers “will be on the hook for accidents occurring in CSX’s rail yard, which have nothing to do with commuter rail.” The amendment failed 6-3, although Siplin voted for it – then asked that he be consulted more by the sponsor, Sen. Lee Constantine, R-Altamont Springs. She also offered an amendment unsuccessfully to put more teeth in the proposal that the state work to mitigate the heavy rail traffic through Lakeland. Constantine said he had an agreement with the city to fully address their concerns by the time the bill gets to the Senate floor.

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