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From the staff of the Tampa Bay Times

If Amtrak crashes, Florida taxpayers might be forced to pay



A 2008 train crash in the San Fernando valley drew national headlines for its grim toll: 25 killed, nearly 100 injured.

It gained notoriety later when a federal investigation found that the train conductor had run a red light after texting. Operators of the train paid $200 million to compensate the victims — the maximum under federal law but only half the total claims.

Under a bill advancing through the Legislature, Florida taxpayers could be asked to pick up the tab for damages caused by Amtrak, even if the operator error was as egregious as the 2008 crash. "It's a horrible public policy," said Jamie Holland, a Jacksonville lawyer who specializes in rail. "It puts the Florida taxpayer on the hook."

Similar protections were awarded to CSX, the freight railroad operator, in 2009. Lawmakers made taxpayers liable for potential accidents caused by CSX on the 61-mile SunRail commuter line in Orlando.

An Amtrak attorney, Carol Licko, said the bill merely gives Amtrak the same liability protection along the SunRail corridor.

Amtrak "wanted to become part of the agreement (between CSX and Florida)," Licko said. "What this does is require the state to buy insurance to cover accidents. All that Amtrak is asking for is to get covered in that insurance agreement."

But while controversy stalked the CSX bill, no such outcry has been raised so far on the shielding of Amtrak.

On Thursday, the liability protection passed as part a larger House bill (HB 599) 99-17. It now heads to the Senate for approval. Only Rep. Rick Kriseman, D-St. Petersburg, spoke against the liability protection, saying it unfairly shifted the burden onto taxpayers

Story here.

[Last modified: Saturday, February 25, 2012 8:40pm]


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