In what was billed as a bipartisan bid to counter "an abuse of power," two state lawmakers sued Gov. Rick Scott over his rejection of federal high-speed rail funds.
Sens. Thad Altman, R-Melbourne, and Arthenia Joyner, D-Tampa, asked the state Supreme Court on Tuesday to order the governor to accept $2.4 billion in stimulus funds from Washington, D.C., to build a controversial Tampa-Orlando train line.
Altman and Joyner filed their suit as "an emergency petition," citing a one-week deadline given by U.S. Transportation Secretary Ray LaHood for Florida to accept the rail funding.
The lawsuit argues that a 2009 bill authorizing the HSR project and the SunRail commuter line in four Central Florida counties cannot be severed by Scott. Scott has not indicated his position on SunRail.
According to the legislation, both train systems would be overseen by Florida Rail Enterprise, under the state Department of Transportation.
The bill gives "Florida Rail Enterprise ... the full authority... to plan, construct ... and operate a high-speed rail system."
"No governmental entity other than the department may ... construct or operate high-speed rail ... except upon specific authorization of the Legislature."
The suit noted that Gov. Charlie Crist had requested the funding a year ago, and certified that Florida would "maintain its effort" to pursue construction of the rail system.
"Both the application for and award of these monies occurred and were completed under a prior Legislature and a prior governor," the suit stated. "The legislation implementing high-speed rail and the appropriations of the state and federal monies were fully accomplished prior to the election or inauguration of [Scott]."
Arguing that Scott overstepped his authority, the suit stated:
"Instead of completing the ministerial act of accepting the funds for the high-speed rail project as he was required to do, [Scott] instead requested that the monies be used for other Florida infrastructure projects.
"Such a claim of authority and the attempt to (1) reject the monies appropriated by the Florida Legislature; (2) reject financing specifically mandated by the Florida Rail Act; and (3) refuse to comply with the express directions of the High Speed Rail Act, all exceed [his] constitutional authority."
The 24-page petition was accompanied by dozens of pages of exhibits. It was submitted on behalf of Altman and Joyner by Clifton McClelland Jr., with the Melbourne law firm of McClelland Jones Lyons Lacey & Williams.
In a statement issued after the suit was filed, Joyner said, The issue at hand is the ability to create a state-of-the-art rail line, at no cost to the taxpayers, and put people to work now and in the future.
Stopping this project not only went against everything the governor promised during his campaign, it goes against his constitutional authority as well. The money Florida taxpayers sent to Washington should return to benefit Florida. Unfortunately, litigation was the only way to make that happen.
"We need to let (Scott) know that this is not a monarchy and he is not a king," Joyner said.
Altman added, Our founding fathers created a system of three separate and co-equal branches of government. To maintain the integrity of our democracy, it is incumbent that we assert the rights of the people who elect their representatives. And the Surpeme Court is the proper venue to seek relief.
Altman said he has spoken with Democratic Sen. Bill Nelson, "and we've asked for Secretary LaHood to give us more time."
State Rep. Scott Randolph, D-Orlando, declared, a bipartisan effort to rein in the governors abuse of power is under way."
"Governor Rick Scott has clearly decided to place his own political agenda above economic policies that would create jobs and move Florida forward. I applaud the bipartisan effort of Senators Altman and Joyner to not only place job creation over politics, but also to protect the constitutional separation of powers," Randolph said.
Advocates of the HSR project say it will create more than 24,000 jobs and eventually link into other rail lines throughout South Florida.
Scott, who is in the Midwest on a tourism trip with VisitFlorida officials, issued a terse statement after the suit was filed:
"My position remains unchanged; Ive yet to see any evidence that Florida taxpayers would not be on the hook," the governor said. "Senators Altman and Joyners disrespect for taxpayers is clear by their lawsuit trying to force the state to spend this money."
Scott has maintained that he has the legal authority to reject the federal funding. He has called the proposed 84-mile train project a "boondoggle" that could end up costing Florida taxpayers $3 billion or more in cost overruns and uncovered operating losses.
Sen. Mike Fasano, R-New Port Richey, told Sunshine State News he disagrees with the governor's decision but he also questions Altman's decision to sue.
"I don't think filing a lawsuit was the best direction to go," Fasano said. "Even if there was some way around what the governor has done, say, by local communities getting together, let's all remember that the right of way along the I-4 corridor is controlled by the governor."
Senate President Mike Haridopolos, who supported Scott's rejection of stimulus money, said he continues to stand with the governor. And one Senate insider predicted privately that no other Republican senators will back Altman's legal challenge. "Altman is on his own," this person said.
Suing a sitting governor is not without recent precedent in Florida.
Charlie Crist was sued by Republican donors demanding their money back after he bolted the party to run for U.S. Senate as an independent.
Crist also was challenged over his Indian gaming compact on grounds that he circumvented the Legislature in reaching a casino deal with the Seminole Tribe.
Jeb Bush was sued over his school voucher plans and for "Terri's Law," which sought to keep a disabled Terri Schiavo on life support.
Bush also was sued by a state workers' union, which challenged a "Service First" law that eliminated seniority consideration during layoffs.
Robin Stublen, a tea party leader organizing a rally in support of Scott on March 8, said the Altman-Joyner suit "proves that tort reform can't come soon enough."
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Contact Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.
