Rick Scott's High-Speed B.S.

Gov. Rick Scott made the laughable claim that his refusal to take federal high-speed rail money helped prevent the government shutdown. The rail money was $2.4 billion. That amount of money was not going to make or break whether or not there would be a government shutdown. The rail money was already appropriated by the federal government. It does not go into a magic lockbox if Florida does not use the money. Federal funds are not used to pay down the deficit. (There is talk of legislation to reclaim loss appropriated revenue.)

$800 million of the Florida high-speed rail money has been appropriated to New York. Sen. Kristen Gillibrand gave Scott back-handed thanks.

Expanding high speed rail across New York has been a top priority for Senator Gillibrand throughout her time in the Senate. In February, Senator Gillibrand urged Secretary LaHood to redirect $2.4 billion in federal funding for high speed rail to New York that had been turned away by Florida Governor Rick Scott. In a letter last month to Secretary LaHood, Senator Gillibrand urged the U.S. Department of Transportation to award funding to New York State Department of Transportation and Amtrak's applications for high speed rail infrastructure. In May 2010, Gillibrand urged for the appointment of a new high speed rail project manager at the state level to ensure New York is securing and managing all federal funds available to us. In January 2010, Senator Gillibrand helped secure $151 million for high speed rail projects across New York State.

Republican State Sen. Thad Altman unsuccessfully sued Scott in attempt to keep the high-speed rail funding. Altman tore into Scott.

Altman said Scott' has lost several other arguments. Scott's claim that high-speed rail was a "boondoggle" was contradicted by a Florida Department of Transportation study and Scott's top attorney, Charles Trippe, had to walk back a key fact his Supreme Court argument about how much the state had spend on the project.

"This is almost propaganda," Altman said. "It's all proven to be false and as a result we've lost money for would have been the most modern transportation system in America, if not the world."

"He intentionally ignored the facts to make a political point," Altman continued. "It was a political move to prevent the president from having a project awarded to Florida.

"In his disdain for the president and his zeal to make him look bad, he was even willing to hurt the people of Florida."

That is what happens when Floridians elect a man unfit to serve as governor.

High-Speed Lawsuit Against Rick Scott

Sen. Thad Altman (R-Melbourne) and state Sen. Arthenia Joyner (D-Tampa) are are preparing for a possible lawsuit against Gov> Rick Scott. Altman told the Miami Herald that Scott did not have to authority to turn down federal rail money. The Orlando to Tampa high-speed rail project had already been approved by former Gov. Charlie Crist and the Florida legislature.

“I believe that he exceeded his executive authority and in a very strong sense we have a Constitutional crisis on our hands,” Altman said. Senate Republican leader Andy Gardiner acknowledged there are concerns about the “parameters” of the governor’s use of his executive power. He did not reject the possibility that a fellow caucus member would have a legitimate basis for suing the Republican governor. Altman noted that the Legislature voted to accept the federal money and build high-speed rail in a special session.

“We have a law on the books,” he said, and quoted the portion of the Florida Constitution that reads: “The Governor shall take care that the laws of Florida are faithfully executed.”

“The governor has completely ignored that,” Altman said.

Scott Randolph shared Altman's view that Scott is acting without legislative approval.

"It's time to play hardball," said state Rep. Scott Randolph, D-Orlando. "It's a tough situation for the legislature but I think at some point in members of his own party, are going to have to stand up, and say that we are an independent branch of government and you're going to respect us."

I wouldn't be surprised if Scott reacts to losing the lawsuit by throwing a hissy fit and going back to the private sector. We now have a Governor who is creating a state constitutional crisis by failing to legally honor laws. This isn't governing. This is the reckless behavior of a man too immature to govern.

Florida's Constitutional Crisis

Gov. Rick Scott does not care about the constitutional authority given to the Florida legislature. Florida Senate budget chief J.D. Alexander questioned whether Scott had the authority to sell state planes without legislative approval. Bruce R. Jacob, dean emeritus and law professor, at Stetson University told Politifact Scott overstepped his authority as governor.

"What Alexander is complaining about is that, under this section, where the Legislature has appropriated money for the expense of the planes, the governor is required to spend that money," Jacob said. "I am sure the governor from time to time does not spend money that the Legislature has appropriated for a particular purpose, and I doubt that anyone gets upset about it.

"However, the main point, it seems to me, is that if the governor was thinking of doing this, he needed to consult with the leadership of the Legislature," he said. "Common courtesy called for such consultation. The governor and the Legislature have to work together. The governor should not be allowed to 'go it on his own,' so to speak, in a situation such as this."

Jacob also says Alexander has a "point" by claiming that the amount owed on the Cessna should have been appropriated by the Legislature and paid from the state treasury. "Money of the state should not be spent unless it is for an authorized purpose and complete records should be kept so that anyone in the state can see what was spent and for what purpose. In this case it seems to me that the governor short-circuited the process," Jacob said.

Scott overstepped his authority again by killing the Orlando to Tampa high-speed rail project. Gov. Charlie Crist and the Florida legislature approved the plan. Scott can not change what has been made into law just because he opposes it. State and the federal governments have three separate branches of government to insure that such power grabs do not happen. Scott's actions dictate a man with utter contempt for the rule of law.

Scott rejected the last ditch proposal to the high-speed rail project. Republican lawmakers are now talking about suing the newly elected governor.

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Rick Scott Rejects High-Speed Rail Money

Gov. Rick Scott has rejected $2.4 billion in federal money for the Orlando to Tampa high-speed rail project.

Scott said he was not sure high-speed rail would bring taxpayers a return on their investment and he felt money would be better spent on state highway and seaport improvements.

The problem is the Obama administration is not going to give the $2.4 billion to Florida for highways and seaports. The federal funds have been allotted for rail projects. Transportation Secretary Ray LaHood will give the money to another state for a rail project. The $2.4 billion comes from federal money budgeted for rail projects.

Scott gave his explanation for refusing the funds in a poorly planned press conference. As usual, Scott sounded like a talking points robot.

"Government has become addicted to spending beyond its means and we cannot continue this flawed policy," Scott said at a hastily-called press conference this morning.

Scott continued his political tone deaf ways by alienating Republicans. I wonder how many allies Scott is going to have near the end of term.

"I am deeply disappointed in the decision to not move forward with the Orlando to Tampa passenger rail project.

"This is a huge setback for the state of Florida, our transportation, economic development, and important tourism industry.

"I have urged the Governor to reconsider going forward and allow the private sector to assume the risk and any future costs for the project. I made this appeal to the Governor this morning. With the federal government assuming 90% of the cost of the project, I am disappointed the private sector will not have an opportunity to even offer innovative proposals to help finance the balance of the costs and to construct and operate this system.

"I will continue to work with the Governor and all those interested in developing cost-effective 21st century transportation alternatives for Florida and the nation, with systems that can improve quality of life and help meet our future transportation needs."

John Mica, U.S. House Transportation chair

"I am deeply disappointed in the decision to not move forward with the Orlando to Tampa passenger rail project.

"This is a huge setback for the state of Florida, our transportation, economic development, and important tourism industry.

"I have urged the Governor to reconsider going forward and allow the private sector to assume the risk and any future costs for the project. I made this appeal to the Governor this morning. With the federal government assuming 90% of the cost of the project, I am disappointed the private sector will not have an opportunity to even offer innovative proposals to help finance the balance of the costs and to construct and operate this system.

Sen. Jack Latvala

"Making this decision, at this point, on a project that could mean 12,000 to 14,000 jobs is very premature,'' said Latvala, R-St. Petersburg. "I have been consistent in saying we ought to at least let the private companies go to bid and let it play out."

"It's in his court and I'm very disappointed he made this decision without consulting the Legislative branch,'' he said. "I visited with him yesterday and I had no inkling that they were heading in this direction. It shows kind of a lack of understanding and respect for the Legislative process. It's supposed to be a collaborative process -- where the governor and Legislature work together -- and this is not an example of working together."

J.D. Alexander, Senate budget chairman

"The Constitution doesn't allow the governor to not-spend appropriations funds" and there is $300 million appropriated in the budget to put into development of the rail line between Orlando and Tampa, Alexander said.

He said he agrees there is widespread doubt as to whether the project would have succeeded in drawing enough riders. "I think the governor is making the right choice on this rail system,'' he said."I personally would like to have seen the bids come in to see where they really were."

Alexander said that if the legislature puts it in the transportation budget, he expects Scott to veto it and "I don't believe there would be the support to override a veto." The question now is, "where do we go from here" and if the governor wants to cancel it, he will need the approval of the Legislative Budget Commission. "We'll certainly encourage him to pay more attention to the Constitution and budgeting rules," Alexander said.

Sen. Thad Altman

"He's using government to short-change the private sector's opportunity to bid and show case how this can work. Don't use your position as governor to stand in the way of the private sector to show what it can do."

Sen. Paula Dockery

"Florida is a donor state for transportation dollars receiving only 62 cents on every transit dollars and 87 cents on every highway dollar we send to Washington, and this $2.4 billion in federal transportation dollars would have brought Florida in line with other states,'' Dockery said in a statement. "It appears that Secretary LaHood will direct these billions lost by Florida to California where true high speed rail has the next best opportunity to succeed."

Scott based his decision on killing the high-speed rail project on a 2011 Reason Foundation study> All you need to know about the libertarian think tank is that Drew Carey is on the Board of Trustees. David H. Koch is another member of Reason's board and the think tank's main source of revenue. Koch has advocated for abolishing Social Security and the Federal Reserve, minimum-wage laws and federal government agencies. Florida has a governor getting his ideas from a game show host and a business man with radical ideas.