Gov. Rick Scott asked the Florida Supreme Court to deny a petition from state senators seeking to overturn his rejection of $2.4 billion in federal stimulus funds for a high-speed rail project.
Reiterating his opposition to the proposed Orlando-Tampa line and his authority to turn down funding, Scott submitted a 26-page response to the lawsuit filed Tuesday by Sens. Thad Altman, R-Melbourne, and Arthenia Joyner, D-Tampa.
Scott's response declared that the court intervention sought by Altman and Joyner would "render the separation of powers doctrine utterly meaningless."
Scott said the "petitioners ignore that the federal government has declared it will only transmit these funds to Florida if the governor expresses unequivocal and unqualified support for high-speed rail."
The governor has repeatedly called the rail project a "federal boondoggle" that could cost Florida taxpayers $3 billion or more in uncovered expenses.
Arguing that the relief sought by the Altman-Joyner suit "lies far beyond anything this court is empowered to do," and challenging the legal standing of the senators to sue, Scott's brief requested dismissal of the matter.
The governor discounted the legal eleventh-hour court filing -- just days ahead of a final federal funding deadline -- as coming from two senators "whose policy preferences have not prevailed in the political process.
Scott's response was submitted shortly before the court-ordered noon deadline by Charles Trippe, general counsel of the governor's office.
Altman, in an interview with Sunshine State News, characterized his legal gambit as a "true citizens initiative" that won't cost the state's taxpayers any legal fees.
"Arthenia Joyner and I split the filing fee, volunteers are paying for copies and the lawyers are working pro bono," the senator said.
Altman said Clifford McClelland, who filed the suit, is his personal attorney and has done legal work for local governments in his district. Altman said he approached McClelland's Melbourne firm since it had done previous legal work involving transportation issues.
"We have a strong case constitutionally," the senator said.
But Altman's position may not be so strong politically, said Sid Dinerstein, chairman of the Palm Beach County Republican Party.
"Everyone from the center to the right knows the train is a boondoggle. If the state had to take the money, it would be better off if we paid the workers to stay home. That way we wouldn't have the half-billion-dollar annual operating deficit this train will bring," Dinerstein said.
Dinerstein said that even if Altman and Joyner prevailed in court, the lawsuit is a dead end and the train is going nowhere.
"[The project] would have to go back through the Legislature, and he will never get it approved," Dinerstein added.
Though a dozen Republican state senators, including Altman, signed a Feb. 17 letter asking U.S. Transportation Secretary Ray LaHood to extend the funding deadline until an alternate mechanism could be established to accept the $2.4 billion, Dinerstein said the passage of time and events have made that plea null and void.
"The senators who signed that letter wouldn't sign it again," the GOP boss said.
Though Dinerstein declined to divulge his sources, Republican lawmakers have distanced themselves from their colleague's legal challenge.
State Rep. Mike Horner, a fellow Central Florida lawmaker, said, Frankly, this is an issue thats within the governors preview, and I respect the governor and his decision.
Sen. Mike Fasano, R-New Port Richey, tweaked Altman, saying that filing a lawsuit against the governor was going in "the wrong direction."
And Senate President Mike Haridopolos, whose Brevard County district sits adjacent to Altman's, squelched any suggestions that the Senate would buck Scott.
"While Senators Altman and Joyner are free to file their petition with the Florida Supreme Court, I do not support their efforts," Haridopolos said in a statement. "The Florida Senate will not join in their lawsuit."
Marshall DeRosa, a constitutional scholar at Florida Atlantic University, said the law and the financial realities appear to be on a collision course at the high court.
"The constitutional argument aside -- that is, whether the stateLegislature constitutionally has the final word on federal funds for high-speed railways -- Governor Scott is correct in rejecting the funds," DeRosa said.
"Whether in the United States or the European Union, public transit railways have been big-time financiallosers. The fiscal liabilities for Floridians would run into the billions over the intervening years," he predicted.
Amid the latest legal wrangling in Tallahassee, Scott is continuing his four-day "Share a Little Sunshine" tour up North.
Traveling with Visit Florida officials on his private jet, the governor made a promotional appearance Wednesday afternoon with Donald Trump at New York's Trump Tower. Scott was scheduled to fly to Chicago Wednesday night for more tourism events there.
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Contact Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.
