By James Call
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-955911.mp3
Tallahassee, FL – Florida Supreme Court Justices are considering a case that is a showdown over the separation of powers. Thursday justices heard oral arguments in a lawsuit challenging Governor Rick Scott's refusal to accept 2 point 4 billion dollars in federal money. It would be used to establish a high speed rail line connecting Tampa and Orlando. James Call reports, two state senators went to court to protest what they call Scott's unilaterally changing state policy.
Clifton A McCllean hadn't spoke for 10 seconds before he was interrupted by
Justice Barbara Pariente.
"Florida constitution--"
"You are going to have a limited amount of time--"
"A large infrastructure project--"
" -- Sir, we would like you to focus on the specific law the governor has violated or specific provision, as opposed to just general principles we know about separation of powers."
McClellan represents Senators Thad Altman and Arthenia Joyner. They filed suit in support of a the Florida Rail Act, passed by the Legislature in a special session December 2009. The plan was to build a high speed rail network connecting Florida's major cities. Lawmakers appropriated 130 million dollars to begin construction of the first leg, Tampa to Orlando. That money was to draw down 2.4 billion dollars from the federal government. That is the money Governor Scott has rejected. He said rail is a bad investment. And from the bench, Chief Justice Charles Canady wondered if the Court has the authority to order Scott to accept the grant.
"Integral to the executive function under our constitution it would be the governor's authority to veto measures coming through the legislature including his authority to exercise a line item veto with respect to appropriations."
Afterward, Senator Thad Altman said that is not the scenario he is watching play out. What he sees is the governor claiming powers expressly allocated to the Legislature. He said the governor's previous comments and statements in his filing to the court indicate the governor had no intention in complying with the Florida Rail Act.
"We had passed a law in special session that mandates we build a high speed rail. The people of Florida and their elected representatives said that we need to improve our transportation system. The governor has a constitutional duty to faithfully implement the law. Faithfully means without question to work hard to implement the law, and instead he has worked very, very hard not to implement the law and as a result, he is jeopardizing 2.4-billion dollars, 40- 50 thousand jobs as a result of the construction and operation of this system."
The justices are expected to rule Friday. The deadline for accepting the stimulus money. The U.S. transportation secretary said the money will be sent to high speed projects in other states if Florida does not take it.