Bush seen as lacking repeal votes

© 2004, NCI, Inc.
Destination Freedom
Newsletter of the National Corridors Initiative, Inc
Vol. 5 No. 2, January 15, 2004
Used with permission

Florida's bullet train is the albatross around Gov. Jeb Bush's (R) neck. He hasn't been able to convince the legislature to end it, and its political weight may get heavier in 2004.

As the legislature opened committee hearings on January 5 leading up to the March 2 opening of the 2004 legislative session, Bush faced an uphill fight in the House and Senate to get a high-speed rail Constitutional amendment repeal on the ballot in November. Legislative leaders say he doesn't have the needed votes in either house.

Bush, who ended an earlier "bullet train" contract (Florida Overland Express) just weeks after taking office in 1999, has consistently worked to stop the project approved in 2000.

'Bulletrain' online Angered over Gov. Jeb Bush's (R) failure to fund the "bullet train" as mandated by the state Constitution, a new "Florida Bullet Train" website is online at http://floridabullettrain.com, and is sponsored by the Florida Transportation Association Inc., a non profit corporation "dedicated to the promotion and development of high-speed rail in Florida." Their tone is sometimes strident. They point out that In November 2000, Florida voters overwhelmingly passed a Constitutional amendment that mandates the construction of a statewide high-speed ground transportation system. "Since that time, the Florida legislature has, through the Florida High-Speed Rail Authority, taken large steps towards moving into the implementation of the first phase of the system, connecting Tampa to Orlando. However, there is one major element missing - funding," the organization points out. "Bush, in spite of the legislative mandate by the same citizens that elected him, has been a vocal opponent and has refused to include funding for High-Speed Rail in his budget." Last year, Bush vetoed funding approved by the Florida Senate and House. "This site is dedicated to those who believe in the Constitution of the State of Florida and the high-speed rail system that is mandated therein." In 2000, state voters approved an amendment to the Florida Constitution requiring that the state begin building a high-speed rail system by November 2003 that eventually will connect at least five urban areas of the state.

Lakeland, Fla., Ledger reporter Bill Rufty told his readers that in November, Bush sent a letter to the legislature saying the amendment should be sent back to the voters to see if they want to spend huge amounts of money on the high-speed system. He listed road projects that he says will be affected if the system is built.

Supporters of the project, which now has a preferred contractor to build the first leg from Orlando to Tampa with a station in Lakeland, say the state would spend only $70 million per year from the Transportation Trust to finance bonds for the project. That is the amount previously approved by lawmakers for the earlier bullet train.

Bush remains steadfast in his push to send the amendment back to the voters, an aide said January 2.

"This is a very costly project that concerns the governor, one that will cost taxpayers and threatens road projects that are needed for Florida's economy," Bush's Press Secretary Alia Faraj said.

"He terminated a previous (high-speed rail) project because of the threat to taxpayers and the continuing lack to get a specific cost of the project," she said.

State Sen. Tom Lee (R), who will become Senate president in November and who is a power in the Senate leadership, said the Senate almost certainly will not agree to send the high-speed rail issue back to the voters.

He said high-speed rail does not create an emotional issue among senators because they understand that only money from the Transportation Trust Fund, which comes from the gasoline tax, grants and federal tax dollars, would be used.

He said the strong support of Polk's senators also makes it unlikely the Senate will approve sending the issue back to the voters.

State "Sen. Paula Dockery (R) (the wife of the amendment's author C.C. "Doc" Dockery) is a very highly respected member of the Senate, as is Sen. J.D. Alexander. They both have a way of getting strong support among the members for their issues," said Lee, whose district includes a portion of Lakeland and western Polk County.

"High-speed rail has always been a question of 'when,' not 'if,'" Lee said.

Florida House Speaker Johnnie Byrd (R) is known for his strong support of the governor's programs, but two weeks ago he told The Associated Press he does not think the governor can win approval in the legislature to send the high-speed rail issue back to the voters.

Many House members would have to change their minds, he said.

The governor's press secretary said Bush is committed to changing minds and sending it back to voters.

"The governor has voiced his concerns and will work with the legislature and continue to explain the need (to send the issue back)," she said.

Fred Dudley, a former Republican state senator and the chairman of the Florida High Speed Rail Authority, said Bush is taking the wrong course if he thinks the project is too expensive.

"The ultimate question is whether or not the current amendment is mandatory and requires the expenditure of public funds. Obviously, if it is mandatory, then it doesn't matter what the governor feels. You either fund it or go back to people," he said.

If public funding is not mandatory, then the state can wait until the governor or legislature deems it more economically feasible, Dudley, a lawyer, surmised.

"I have suggested to him that he exercise the very unique power of a governor and petition the Florida Supreme Court to determine the requirements. I can assure you if the legislature does not fund the project, then there will be suits, and it will wind up in the Supreme Court anyway," Dudley said.

Dudley said he thinks Bush has some good points about the cost, but by pushing for a repeal vote this year, Bush is ignoring the politics ñ both state and national ñ of a bullet-train revote, Dudley said.

"With all the good policy that the governor has created, he somehow has a blind spot on high-speed rail, and it doesn't let him use any good sense," Dudley said.

"If you were (President) George Bush," he said referring to the governor's brother, "would you want high-speed rail on the ballot? Would you want people to say, 'We already voted on this, and we'll show you what we think about sending it back.' How does this do anything but hurt his brother?" Dudley asked.

The reluctance of legislators to support the governor's request, even in the House, which has traditionally done his bidding, is understandable, Dudley said, because those legislators would be on the same ballot with the return of the amendment.

"People are going say 'You know, I don't care one way or the other, but you were told by us to build it, and why haven't you built it? Why do you believe voters are smart enough to pick you, but are not smart enough to tell you what they want done?", Dudley said.

"To me, that is a horrible position for a member of the legislature to be in," said Dudley, who noted the authority likely will rebut the governor's November letter in its annual report to the legislature.

"There has to be one final question to the governor: 'If the voters still say yes, what are you going to do? Are you then going to build it? If not, what is the reason for asking?'" Dudley said.

Lee had a different view on the political ramifications.

"I don't think the governor's position is a problem for him; whether a second vote would pass or not. Talk of increased burden on the taxpayer tends to draw conservatives to the polls and that's who they want to turn out for the general election," Lee said but such talk may be premature unless the governor can convince enough legislators to support his view of the high-speed rail system.

"As of last week, the governor was well away from the votes needed in either chamber," said Dockery, the retired Lakeland businessman who financed the successful amendment.

"I don't think he can get enough, and I hope eventually he will see the need for mass transportation in this state.