Why High Speed Rail Will Return: Third World Infrastructure Surpassing Florida's

The Interstate Highway System sits at the pinacle of our nation's transportation infrastructure.  I recall driving from Philadelphia to Washington, D.C. in the early 1990's with my wife's cousin from Uruguay.  The system's efficiency and design--linking major metropolitan areas and beltways--impressed him.  Soon thereafter, when I drove through Uruguay from the Argentine border to Punte del Este on the Atlantic Ocean on winding, two-lane country roads, I could appreciate his view of our interstate system.  Indeed, the Interstate Highway System works efficiently--outside of urban areas during rush hour.  Inside urban areas, the daily result is often looks like this:



Congestion, whether caused by rush hour demand, vehicle crashes, or both undermines the time efficiency of highway travel between and within major cities.  Columnist George Will proclaims that the automobile represents freedom and liberty.  It does, but not always.  Don't get me wrong.  I love cars.  I love mine.  I love driving mine--when I actually move and when I'm not exhausted by my long commute.  We enhance freedom and liberty by giving people transportation options, when the automobile is part of a more balanced transportation network.  My kids--like most others today--have less freedom and liberty than I had because they can't walk or bike to school.  The elderly, who can no longer drive and are trapped either in subdivisions or in old age homes, have less freedom and liberty than those of earlier generations, who could walk safely to a grocery store.  When people take high quality rail transit (when it's available), they free-up road capacity so we can enjoy our cars more and so that goods can reach market more quickly.  Only a minority of Republicans nationally oppose Federal high speed rail funding.

Governor Rick Scott's rejection of high speed rail was rich in ironies.  I found it ironic that, the day the Florida Supreme Court denied two State Senators' Petition to require him to accept federal funds (the correct legal result), I paid $3.79 a gallon for a fill-up.  I found it ironic that we're sending transportation dollars awarded to Florida to other States while Middle East destabilization is driving up fuel costs (which harms our economy no less than a tax increase). 

I found it ironic that Robert Poole and the California-based Reason Foundation (which most Floridians had never heard of before) could have more influence with a flawed anti-high speed rail report than the combined influence of the Mayors of Orlando, Tampa, Lakeland, and Miami, the Republican chair of the House Transportation Committee, John Mica, a strong majority of the Republican-dominated Florida Senate, every major newspaper in the State of Florida, and the Governor's own Department of Transportation (which increased its high speed rail ridership estimate from 2.4 million to about 3.0 million). 

Ironic that Florida's infrastructure is falling behind that of the Third World. 

Argentina is moving ahead with a high speed rail line linking Buenos Aires to the major cities of Rosario and Cordoba. 

As Brazil readies to accept bids for new high speed rail line, a Korean consortium offers its case for winning the bidding process:

China's new bullet train:




The new South African high speed rail:



Although not part of the Third World, here's a news report on Russia's high speed rail line:

Saudi Arabia, Taiwan, the Czech Republic, Morocco, are among other developing nations either planning or already operating high speed rail.

A decade from now, with Florida falling farther and father behind the rest of the world, especially the Third World, we will see another push for high speed rail.  Unfortunately, the capital costs of construction on the State budget will far exceed, by billions, what Floridians would likely have had to pay this time -- $0.00.

One final irony--a decade from now, Florida taxpayers will still pay, through their Federal income taxes, interest on the $2.4 billion in borrowed Federal stimulus dollars approved for Florida high speed rail, but without receiving any of the benefits. 

UPDATE--March 9, 2011--A ridership study commissioned by the Florida Department of Transportation found that Florida High Speed Rail would have turned a $10 million operating profit its first year.  No surprise to the prospective bidders, who make high speed rail operating profits worldwide. 

UPDATE--Sept. 1, 2011--Click HERE for a link about Turkey's new high speed rail line.

UPDATE--Oct. 26, 2011--Click HERE for a link about Uzbekistan's new high speed rail line. 

Altman v. Scott--Excerpts from the Petition

Senator Thad Altman (R-Melbourn), who believes in strictly construing the Florida Constitution, and Senator Arthenia Joyner (D-Tampa) filed a Petition for Writ Quo Warranto (a common law inquiry into the authority of a public official), a Writ of Mandamus (an Order to perform a ministerial act), or other injunctive relief in the Florida Supreme Court.  The Senators are asking the high court to order Governor Scott to perform the ministerial act of accepting high speed rail federal funds.  Below you'll find excerpts from the 25 page brief, to which the Florida Supreme Court ordered a response by noon today.  Click HERE to read the entire brief. 

Court decisions are inherently unpredictable.  A University of Florida law professor suggested in the Sentinel the Governor will claim the Senators lack standing to bring the Petition.  Standing to bring a court action requires an injury in fact.  In Coleman v. Miller, 307 U.S. 433 (1939), the United States Supreme Court held, "We think that these senators have a plain, direct, and adequate interest in maintaining the effectiveness of their votes."  The Court reaffirmed, "“[O]ur holding in Coleman stands... for the proposition that legislators whose votes would have been sufficient to defeat (or enact) a specific legislative Act have standing to sue if that legislative action goes into effect (or does not go into effect), on the ground that their votes have been completely nullified.”  Raines v. Byrd, 521 U.S. 811 (1997). 

The legal arguments below appear strong: 

Basis for a Writ Quo Warranto, Writ of Mandamus, or Other Injunctive Relief

Instead of completing the ministerial act of accepting the funds for the high speed rail project as he was required to do, Respondent 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 Respondent's constitutional authority.

Governor Scott Wants to Spend $2.4 Billion in Stimulus Funds Elsewhere

It is clear that Respondent is not philosophically opposed to taking the ARRA (American Recovery & Reinvestment Act) monies. He wants the $2. 4 billion for Florida. He just refuses to apply it to high speed rail. Under federal law, the monies simply cannot be used for other projects.

Florida Supreme Court Precedent: Legislature Has Exclusive Authority to Appropriate Funds and Reduce Funding

As this Florida Supreme Court ruled in Chiles v. Children A, B, C, D, E, and F, et al., 589 So. 2d 260 (Fla. 1991), "This Court has long held that the power to appropriate state funds is legislative and is to be exercised only through duly enacted statutes." .... "Such a provision secures to the Legislative (except where the Constitution controls to the contrary) the exclusive power of deciding how, when, and for what purpose the public funds shall be applied in carrying on the government.... "Furthermore, the power to reduce appropriations, like any other lawmaking, is a legislative function." (Emphases in original). As such, the right, authority, and the power to fund the aforesaid appropriations, and the decision to reduce such funding, whether by state or federal funds, for the implementation of the Florida Rail Act lie exclusively with the Florida Legislature - not with the Governor. Simply stated, whether such funds derive from the state or from federal funds granted to the state, the appropriation of such funds constitutionally lies exclusively with the Florida Legislature.

High Speed Rail in Florida's Comprehensive Plan Since 1985

While there have been amendments and changes to the State Comprehensive Plan since 1985, the high speed rail policy has retained its vitality and continues to be an integral part of the transportation element of the State Comprehensive Plan.

Governor Cannot Lawfully Interfere with the Florida Rail Enterprise

The Florida Legislature intended that, once appropriations were made and authorized by the Legislature, the Florida Rail Enterprise shall have the full authority to comply with its legislative mandate, free from outside interference.

Additionally, and importantly, the Legislature crafted the legislation so that the Florida Rail Enterprise function without interference from other executive branch officials. "Except as otherwise expressly provided [by the Florida Act], none of the powers granted to the [Florida Rail E]nterprise under [the Florida Rail Act] are subject to the supervision or require the approval or consent of any municipality or political subdivision or any commission, board, body, bureau, or official." § 341.839, Fla. Stat. (2010). (Emphasis added). The Governor is an official within the meaning of the Act, and is not permitted to interfere with the implementation of high speed rail.

The delegation of the power and independence to the Florida Rail Enterprise was an intentional element of the Legislature's policy because the evaluation and selection criteria for the award of ARRA funds to the Florida Rail Enterprise included a requirement that the Florida Rail Enterprise "affirmatively demonstrate that it has or will have the legal. .. capacity to carry out [high-speed rail.]"  See High-Speed Intercity Passenger Rail "Notice of Funding Availability," Fed. Reg. Vol. 74, No. 119 at 29921 (June 23,2009).

Had the Legislature intended for the Governor to exercise significant control of the HSR System, it would have simply delegated authority over the system to the Secretary of the Florida Department of Transportation, the Governor, or the Executive Office of the Governor.

High Speed Rail Act Is Mandatory

The High Speed Rail Act requires the Florida Rail Enterprise to finance and construct the high speed rail system for the state. There is no discretion. As such, the authority to, and the requirement to, implement and execute upon the financing of high speed rail is imposed upon the Florida Rail Enterprise. Both explicitly and implicitly, the Legislature has set forth a specific methodology for implementing high speed rail. The Florida Rail Enterprise's executive director has no discretion to reject such financing as determined by the Legislature.

The Governor has no authority to refuse to implement the directives of the state law, especially funding that has already been applied for and awarded to the State of Florida when state law mandates the High Speed Rail Enterprise" ... shall locate, plan design, finance, construct, maintain, own, operate, administer, and manage the high -speed rail system in Florida." § 341. 822( 1) Fla. Stat.

The appropriations and the funds which are the subject of this Petition represent the appropriations to implement the high speed rail elements in the State Comprehensive Plan and the High Speed Rail Act. The Governor has no authority to refuse to implement the directives of the state law, especially funding that has already been applied for and awarded to the State of Florida when state law mandates the High Speed Rail Enterprise" ... shall locate, plan design, finance, construct, maintain, own, operate, administer, and manage the high -speed rail system in Florida." § 341. 822( 1) Fla. Stat.

Policy Reason: Hindrance of Major Infrastructure Planning, Financing, and Construction

If every newly elected governor decided to stop the major infrastructure project which [was] underway when he was elected, after the State of Florida has adopted by state law a policy to build the major infrastructure project; the Legislature has appropriated the funds for the project and directed the construction of the project, Florida will not be able to plan, finance, and construct the major infrastructure projects it requires for its people and its future.

Click HERE for a summary of the Governor's Response and HERE to read the entire Response.

Click HERE for a summary of the Senators' Reply Brief and HERE to read the entire Reply Brief.

UPDATE--March 4--Lakeland attorney Kemp Brinson has a good analysis of the oral argument at THIS LINK.  A granting of the Senators' Petition would surpise me.

SECOND UPDATE--March 4--Click HERE for a link to the Supreme Court's Order denying the Petition.  The Order does not contain legal analysis. 

Two-Thirds of Floridians Support High Speed Rail Funding

A Harris poll released this week found two-thirds of Floridians supporting federal funding for high speed rail.  Supporters outnumbered opponents by a three to one margin.  Nationwide, only 38% of Republicans oppose federal funding of high speed rail.  Also nationwide, 66% of respondents said they would likely use high speed rail for non-business purposes.  You can look at the poll details by clicking HERE.

Court May Decide Whether Florida Gets High Speed Rail

Rejection of High Speed Rail Undermines

Florida Rail Enterprise Act

The Florida Rail Enterprise Act, as amended by the Florida legislature and signed into law by former Governor Crist, binds Governor Scott.  Section 341.822 leaves no discretion to the Governor by stating, "The enterprise shall locate, plan, design, finance, construct, maintain, own, operate, administer, and manage the high-speed rail system in this state."  Further, section 341.839 states that "none of the powers granted to the enterprise...are subject to the supervision or require the approval or consent of  any...official." 

Article IV, Section 1 of the Florida Constitution states, "The governor shall take care that the laws be faithfully executed...."  A Governor does not have discretion to choose to enforce only those laws he favors.  The Governor cannot, within his constitutional duties, take deliberate steps to deprive the Florida Rail Enterprise of funding or of right-of-way for high speed rail. 

As noted in the update to the post below, the Governor is facing the prospect of a lawsuit by lawmakers for acting beyond his constitutional authority by rejecting the Federal government's high speed rail funding. 

An alternative to the Florida Rail Enterprise is an interlocal agency formed initially by the cities of Orlando, Tampa, Lakeland, and Miami.  (The interlocal agency would require legislative approval pursuant to Florida Statutes § 341.8225(1)). The cities' proposal states in part (my emphasis):

I. A. Neither the State of Florida nor any of its departments, agencies or affiliates shall have any liability whatsoever for the costs, fees, expenses or general liability associated with the design, planning, construction, operation or maintenance of the Project. The State and State entities shall have no liability for: (i) the costs of construction, including any cost overruns (“Cost Overruns”); (ii) operating cost shortfalls for the operation of the system for the first thirty (30) years of its operation (“Operating Shortfalls”); and (iii) any obligation to pay back to the funding source or any other lender, any money provided for the Project, due to the failure of the performance conditions to be met in full (“Refund Payments”).

I. D. The Entity shall be non-recourse as to its members and the State of Florida. No other public agency will be liable for the costs of completing the Project or any Cost Overruns, Operating Shortfalls or Refund Payments.  All such costs, fees and expenses and general liability of Cost Overruns and Operating Shortfalls shall be passed on to and guaranteed by the winning bidder selected from a concourse of bidders from the private sector to complete the Project (hereinafter “Vendor”) pursuant to a Request for Qualification (“RFQ”) process. USDOT shall waive any right to Refund Payments. The Entity will be responsible to disburse the funds provided to it through the grant and subgrant agreements for the purpose of completing the Project, all as provided herein and any documents executed in furtherance hereof (“Project Documents”).

I. F. The Entity shall obtain appropriate assurances from the Vendor of its ability to guarantee complete construction of the Project including a surety bond, letter of credit or other form of reasonably acceptable financial guarantees, or whatever other assurances, pledges and guarantees deemed necessary to the satisfaction of the FDOT and USDOT, as same shall be incorporated into the bid documents (“Bid Documents”), regarding the capacity of the Vendor to complete the Project in a lien free and liability free manner and to guarantee funding of any Operating Shortfalls.

IV. B. The Project Vendor shall also provide a guarantee, indemnification and if necessary, financial assurances to the reasonable satisfaction of FDOT and USDOT that it will be able to cover any such Cost Overruns, Operating Shortfalls or Payment Refunds.

The notion that the language above leaves Florida taxpayers are "on the hook" is nonsense.  Conservatives favor shifting appropriate government responsibilities closer to the people--from the Federal level, to the States, and ultimately to local government.  The proposed interlocal agency would further that aim.   Conservatives do not support one branch of the government usurping the constitutional authority of another. This partially explains public criticism of Governor Scott from within the GOP and the threat he faces of a lawsuit by lawmakers.

Profits from Airport to Disney High Speed Rail Line Could Support Future Expansion

Economist Hank Fishkind told WMFE-FM that a shortened Orlando International Airport to Disney World high speed rail line would rely on a common model for funding transportation infrastructure: start with a crowded route that generates a profit to support future expansion.  You can listen to his interview by clicking HERE.  The Reason Foundation, relied on by Governor Scott, suggested this shortened route as an alternative to lessen its cost and ridership concerns.  Rep. John Mica (R-FL) said this route would have some of the best numbers in the world.  In fact, such a line would draw from nearly 50 million tourists annually in the Orlando area--twice the population of New York City, Los Angeles, Chicago, Philadelphia, and Boston combined. 

John Mica floated this shortened route idea last Friday, but it reportedly received a chilly reception from the U.S. DOT, according to Senator Nelson, because it does not connect two metropolitan areas. 

UPDATE--Feb. 25--Multiple sources, including the Tampa Tribune, are suggesting legislators will file a lawsuit against Governor Scott for exceeding his constitutional authority by rejecting the high speed rail funds.  Transportation secretary Ray LaHood has given the Governor an additional week to contemplate a proposal presented by the cities of Orlando, Tampa, Lakeland, and Miami to form a new interlocal agency, under which the State of Florida would have no liability, available at THIS LINK. 

U.S. DOT: Florida Leads Nation in Pedestrian Fatality Rate

An "early edition report" issued by the United States Department of Transportation ranks Florida at the top of nation's Pedestrian Fatality Rates, based on 2009 data. 

In addition, Florida had 107 bicyclist fatalities in 2009--more than any other State.   California had 99 bicyclist fatalities.  The next highest, Texas, had 48.

Here are the Top 10 States on the DOT's Pedestrian Fatality Rate chart:

Finding Authenticity in Seaside

Jim Ward, Orange County's Chief of Urban Design, and I had the privilege of touring the Town of Seaside, in the Florida Panhandle, with town developer, Robert Davis, and planner, Elizabeth Plater-Zyberk (co-author of the best book describing America at the turn of the 21st Century, Suburban Nation).  Thirty years after Davis sold a beachfront lot to pay for construction of the Town's first two bungalows, Seaside continues to inspire a better way of developing our built environment. 

Town planner Elizabeth Plater-Zyberk and developer Robert Davis.

Seaside's main commercial area--a semicircle--reminded me of Celebration. However, the two developments are quite different.  While others criticize Celebration's traditional architecture for its aura of "artificial perfection," Seaside's architecture is more eclectic.  The town mixes rustic bungalows, Charleston row homes, modern architecture, condominiums, and stately mansions.   Ruskin Square is a beautiful urban green surrounded by two and three-story condominiums, many over retail.  Dining options range from very fine to food trucks.  After thirty years, Seaside looks and feels authentic.

Ruskin Square.



You won't find homes like these in Celebration.

Those who stereotype New Urban development as "artificial" should watch the Seaside Neighborhood Charter School students play field hockey on the Lyceum, or run and bike freely, like kids should.  Kids here walk to school safely.  Mine can't.  Do yours? 

Seaside's Neighborhood School--Florida's first charter school.

Davis spoke fondly of his childhood--how he had independence to roam freely, without adult supervision, unlike most of today's kids, hemmed into monolithic, boring subdivisions by arterial highways.

I paraphrased Davis's comments when I addressed the Congress for the New Urbanism statewide conference later that afternoon on the topic of Complete Streets--the principle that FDOT design standards should make thoroughfares safe and comfortable for motorists and non-motorists in the appropriate context (such as road segments adjacent to schools, parks, Main Streets, downtowns, and where local governments want to transform sprawl into walkable town centers).  Surprisingly, I made a Top 5 List for memorable quotes tweeted across the internet by several audience members "tweetcasting" the event.  You can view the quotes by clicking HERE and by using the hashtag #SeasideAt30 at Twitter.com.  (Before the conference, I had not appreciated fully how Twitter is becoming, in the words of Sarasota planner, Peter Katz, a new generation's "historical archive.")  My favorite quote came from Los Angeles architect Stephan Polyzoides: "Friends are mortal but ideas are eternal." 

Seaside is meant for one to experience personally and is well worth the 6 + hour drive from Orlando.  Photographs do not do the town justice.  Nor do videos, but here's a short promotional clip that may give you a better flavor of the town:

Seaside documentary trailer from Jillian Tucker on Vimeo.

Reforming Florida's Growth Management Act

Florida's outdated 1985 Growth Management Act has produced a quarter century of sprawl, economic stagnation on excessively widened roads, an aesthetically deficient public realm, and a pedestrian kill-rate second to none. 

Phil Laurien, drawing from his three decades as a planner, co-authored a White Paper outlining ideas for reforming the Growth Management Act.  (Please note that he released the White Paper in his individual capacity and not as executive director of the East Central Florida Regional Planning Council).  His ideas have reached members of the Florida legislature and the Governor's office. 

A former planner who worked in Tallahassee for the Department of Community Affairs ("DCA"), the agency charged under the Act with reviewing Comprehensive Land Use Plans and amendments, told me she would analyze proposed plan amendments without necessarily having visited and knowing the area in question.  Phil's White Paper suggests shifting many of those reviews from Tallahassee to the existing Regional Planning Councils, where at least some board members (and staff) would know the area under consideration. 

Under Phil's proposal, each local government would establish a 20 year growth boundary (if one doesn't already exist), beyond which the State would not commit to providing costly urban services.  Leapfrog, or proposed Plan amendments to develop beyond the boundary would require analysis and approval by DCA in Tallahassee.  However, for proposals to develop within the growth boundary, a developer would need to obtain approvals only from the local Commissioners and the Regional Planning Council.  That would ensure consideration of development impacts at the regional level while streamlining the process. 

Phil criticizes the Growth Management Act's traffic concurrency requirements, which encourage sprawl by rewarding development in exurbia, where traffic capacity still exists. 

Comprehensive Land Use maps assign different colors to different land uses, in Euclidian fashion.  A commercial designation could produce an environment as beautiful as Park Avenue or as awful as S.R. 17-92.  Phil would require placemaking--the essential element blatantly missing from the Growth Management Act. 

Based on public criticism of DCA by Governor Scott and legislative leaders, I doubt the agency will emerge from the 2011 legislative session with its authority intact.  Phil's ideas merit discussion and thought in Tallahassee.

UPDATE 2/7/11--Governor Scott's proposed budget, unveiled today, would cut $668 million from DCA's $779 million budget for 2010, slicing its workforce from 358 employees to 40.

63 Million Tourists Missing from Reason Foundation's High Speed Rail Report

UPDATES-Feb. 16-22--Governor Scott told the U.S. Department of Transportation that he was rejecting Federal funding for the Orlando to Tampa high speed rail line. The Governor's press release making this announcement relies on contentions in the Reason Foundation's report, discussed below.  This includes a view that metro Orlando's 2 million and Tampa's 2.7 million populations are too small to sustain high speed rail, while disregarding their 63 million tourists (equivalent to one-fifth of the U.S. population, or in other words, more than twice the population of New York City, Los Angeles, Chicago, Philadelphia, and Boston combined). The Governor also said he was protecting Florida taxpayers from up to "$3 billion" in cost overruns.  That figure, from the Reason report, is based on California construction cost estimates, inflated by the extra expense of engineering and constructing a high speed rail line in a major earthquake zone and over miles of viaduct.  (See the video in the blog post below).

Click HERE to read the reaction of House Transportation Committee Chair Rep. John Mica (R-FL) and HERE for U.S. Transportation Secretary Ray LaHood's. (LaHood is also a Republican).  Florida Senate budget chairman, J.D. Alexander (R-Lake Wales), and State Sen. David Simmons (R-Orlando) expressed the view that Governor Scott exceeded his authority. Former Republican Congressman Lou Frey stated on WFLA-AM that the Governor was marginalizing the legislature.  State Sen. Jack Latvala (R-Tampa), chairman of the Senate Transportation Committee, and Sen. Paula Dockery (R-Lakeland) voiced their disagreement with the Governor making this decision before allowing the private sector to submit bids.  Congressman Dan Webster (R-FL) told WDBO that, while he agrees the Federal Government spends too much, the Governor's decision will not reduce the Federal deficit. 

Sen. Mike Fasano (R-New Port Richey) noted how Florida loses 10 cents of every tax dollar sent to Washington.  "So the money that was sent to us for high-speed rail, those are our dollars, and now we're not going to accept our own money," he said. "We're going to give it away to others states and we're going to have to pay for those dollars that we'll never use." 

More than two dozen members of the Republican-led Florida Senate signed a letter to Governor Scott in opposition to his decision.  Click HERE for a link to the letter.  I have rarely seen this much public criticism of a sitting Republican Governor by Republicans. 
  
The Orlando Sentinel reported that Governor Scott relied on a telephone briefing without having reviewed an updated FDOT ridership study, still incomplete.  The Governor also gave no indication of reviewing an analysis from the U.S. Conference of Mayors showing a return on investment of $2.9 billion in the Orlando area alone. 

U.S. Sen. Bill Nelson (D-FL) is proposing the Cities of Tampa, Lakeland, and Orlando form a new entity that could receive the $2.4 billion in Federal funding, with private bidders to assume the remaining $280 million capital shortfall, maintenance, and operations.  The Spanish rail company, Talgo, stated publicly it was confident it could absorb the State's $280 million capital share.  Another prospective bidder, Alston SA, publicly stated Florida taxpayers would incur no bond liability.  Public contracts require performance surety bonds to protect the government from any default. 

Late last Friday, Congressman Mica renewed his call for a 21 mile airport to Disney World initial line, which he said, could have some of the best ridership numbers in the world.  This shortened route would involve an entity created by Orange County, Osceola County, and the City of Orlando.  However, on Saturday, Senator Nelson said Federal officials had reacted negatively to the shortened route concept despite the potential for future expansion.    Ironically, the Reason Foundation proposed this shortened route as an alternative to lessen cost overrun and sustainability concerns. 

Here is my original blog post:


Concept drawing for Disney World High Speed Rail Station

 The Reason Foundation released a "Taxpayer Assessment" report to convince Governor Rick Scott to either abandon High Speed Rail in Florida or insist upon strict terms "to limit the obligation of Florida taxpayers to the [existing] $280 million commitment...."  Despite the report's flaws, reflecting the organization's longstanding anti-transit bias, the latter suggestions are mostly constructive.  The report warrants both study and scrutiny.

A Fiscally Conservative Approach to Florida High Speed Rail

Florida's proposed High Speed Rail system is unlike typical government-run transit in that private industry would build, operate, and maintain it.  This scenario is similar to airport infrastructure--typically paid for and built by government with private airlines operating the flights.

I agree with the Reason Foundation that private industry should bear the risk of cost overruns.  The City of Orlando relinquished authority to the Orlando Magic to build the Amway Center.  The Magic bore the risk of cost overruns, which gave the team an incentive to keep construction within budget.    

The Reason report cites the negligently designed Boston Big Dig, which had about $10.6 billion in cost overruns, as an example of what could go wrong with Florida's High Speed Rail.  The comparison has little merit since the Florida high speed rail system does not include costly underground tunneling.  (Nor could it, given Florida's high water table).  

The Reason report suggests that Florida should anticipate construction costs commensurate with California High Speed Rail's cost per mile estimate.  However, engineering a High Speed Rail line in a major earthquake zone invariably results in higher construction costs.  California's Central Valley line would include miles of viaduct construction.  The video below may give you an idea why California's construction will exceed the cost of Florida's mostly at-grade construction:

The Reason report raises an idea floated originally by Rep. John Mica (R-FL), the House Transportation Committee's new chairman, to phase-in the project, beginning with a line between Orlando International Airport and Disney World.  Governor Scott should, at a minimum, allow this segment to proceed.  The Transport Politic, in a thoughtful post, "A Fiscally Conservative Approach is the Right One for Florida High-Speed Rail," opines that phasing is unnecessary if the State of Florida follows most of the Reason Foundation's other cost-containment recommendations. 

Criticism of Ridership Projections Omits 63 Million Tourists

The Reason report attacks Orlando-Tampa ridership projections as follows:

3. Comparison to Amtrak Acela Express Ridership: The Tampa to Orlando line ridership projections appear very high in relation to Amtrak's high-speed Acela Express service that runs between Boston and Washington, DC. The Florida project is predicted to carry 2.4 million riders annually, which is two-thirds the ridership on the Amtrak Acela Express service (3.2 million in 2010).  This could be difficult, in view of the much smaller size of the Tampa to Orlando market compared to the Boston, Philadelphia, New York, Baltimore, Washington, DC market. The Acela market has approximately eight times the population of the Tampa-Orlando market. The metropolitan areas in both markets have substantial tourist volumes.

The report does not quantify the "substantial tourist volumes" -- a glaring omission, given that the Orlando leg runs through the tourist corridor.  The number of tourists in both cities amounts to over 63 million people--far more significant than the Orlando metro area's 2 million or the Tampa area's 2.7 million populations. 

City                       Number of Visitors      

Orlando                48.7 million

Tampa                  15 million

TOTAL                63.7 Million

Disney World, the nation's most visited tourist destination, would have a station on the High Speed Rail route.  The Orange County Convention Center, also with a station, is the nation's second largest convention facility.  A rail-to-rail connection with SunRail could generate non-tourist usage.

The 2.4 million annual ridership estimate averages 6,575 riders each day.  Despite old passenger cars (one person told me his car was leaking in the rain), inconvenient schedules, and slow travel, Amtrak had about a quarter million passengers board or get off non-high speed trains in Orlando, Lakeland, and Tampa in 2009.  Some portion of existing rail riders would use high speed rail when traveling between these cities.  Press reports state the Florida Department of Transportation is preparing new ridership estimates for Governor Scott's review. 

Over the Christmas holiday, on C.R. 535 outside of Disney World, traffic stood in gridlock for much of the day.  While spending an aggravating half-hour getting through one intersection to cross C.R. 535, we checked GoogleMaps Traffic.  It depicted I-4 as one long red line, meaning traffic was at a standstill.  The tourist district needs options other than automobiles to address transportation (and consequent economic) dysfunction.     

State Senator Paula Dockery, a fiscal conservative and early supporter of Governor Scott, knows well how to scrutinize rail projects (as SunRail supporters can attest).  Yet she is on record supporting the High Speed Rail system.  She said that "private companies are talking about putting $300 million to $400 million on the table, which would cover the $200 million for construction not covered by the federal government."  John Mica, another fiscally conservative Republican, has likewise stated that the project is viable with private industry covering the 10% capital shortfall.  As part of his vetting, I hope Governor Scott is reaching out for their important perspectives.

General Electric, Siemens, Bombardier, and other corporations, appear interested in building and operating these systems.  They would not demonstrate this interest if they did not expect to turn a profit.  High speed rail systems internationally--including in Japan, Spain, France, Great Britain, and Taiwan--return profits, though that does not occur in every instance or in every year. 

Amrak's Acela line--the closest we have in the U.S. to High Speed Rail--turns a profit, even though it's government-run. 

Nothwithstanding the Reason report, now that the Federal Department of Transportation is redirecting to Florida $342 million in funding from Ohio and Wisconsin, the case for rejecting a Florida system has weakened.  Any decision to abandon this project will not shrink the Federal deficit, but will instead direct $2.4 billion intended for Florida to California and elsewhere.  Governor Scott is too smart to make that his legacy, given the option of making private industry shoulder the risks of proceeding.

A Smarter Built Environment Could Make Kids Smarter, Too

A study of 9 and 10 year olds in the journal, Brain Research found an association between brain size, cognitive ability, and exercise.  You can find an online article about the study, written for a lay audience, at the website of Science Today magazine:

When they analyzed the MRI data, the researchers found that the physically fit children tended to have bigger hippocampal volume -- about 12 percent bigger relative to total brain size -- than their out-of-shape peers.

The children who were in better physical condition also did better on tests of relational memory -- the ability to remember and integrate various types of information -- than their less-fit peers. 

The new findings suggest that interventions to increase childhood physical activity could have an important effect on brain development

The study, conducted by researchers at the University of Illinois, Ohio State University, and the University of Pittsburgh, was serious enough to warrant notation in the December issue of Pediatrics magazine, published by the American Academy of Pediatrics.  The study provides further evidence that a built environment creating walkable and bikeable schools could improve academic performance.  Other studies examined by the Centers for Disease Control and Prevention have linked physical activity and academic performance.  

We have engineered incidental exercise out of our lives.  Sprawl development patterns, using dangerous highways to connect schools to subdivisions, have reduced the percentage of children walking and biking to school from over 40% in the late 1960's to around 13% today.  Partly as a result, childhood obesity is reaching epidemic proportions--at about 17% of the pediatric population--with about a third of children overweight.   Instead of self-reliance, we are instilling in our children a culture of dependency. 

A properly built, smart growth environment can induce up to 80% of children to walk to school.  I suspect additional research in coming years will show that smart growth can make kids smarter.  

Leave it to Beaver depicted an America we've lost--kids walking to and from school.  The sidewalks in our newer, conventional subdivisions are four feet wide--not wide enough for two, let alone three bigger kids to walk side by side comfortably.