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High-Speed Rail Fatalities Highlight Need for State Safety Measures

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Sen. Mayfield and Rep. Grall push for high-speed
passenger rail measures SB 572 and HB 525

The State of Florida currently has no law or regulation governing high-speed rail safety and recent Brightline fatalities have federal, state and local officials extremely concerned. In just the first five days of its high-speed rail service in the state, we have already seen two tragic fatalities, one of those during its inaugural run. This brings the number of fatalities associated with high-speed rail to four since July 2017.
Senator Debbie Mayfield, (R-Melbourne) and Rep. Erin Grall (R-Vero Beach) held a news conference at the Capitol calling on their colleagues in the House and Senate to address the need for high-speed rail safety measures. The lawmakers observed a moment of silence for the victims and their families.
“These deaths are tragic and unacceptable which is why I have been pushing for high-speed passenger rail safety measures for the past two sessions,” said Sen. Debbie Mayfield, (R- Melbourne). “Unfortunately, but not surprisingly, I have been met with resistance every step of the way. I believe we must do everything possible to ensure public safety and to minimize the risk of further tragedy.”
Sen. Mayfield has filed SB 572 that will create the Florida High-Speed Passenger Rail Safety Act that establishes minimum safety standards for high-speed passenger rail, including the installation of approved safety technology that at a minimum must include Positive Train Control and Remote Health Monitoring. Before operating high-speed passenger rail, a railroad company must also install or realign crossing gates, equip all automatic public railroad- highway grade crossing warning systems with remote health monitoring technology, and construct and maintain fencing in accordance with the act. Additionally, this act will prevent
high-speed passenger rail companies from shifting upgrade and maintenance costs to the taxpayers.
Later this afternoon the Senate Committee on Community Affairs is holding a workshop to discuss SB 572.
Residents in the affected regions have long expressed their growing fears over the additional 32 passenger trains per day and additional freight trains that will be speeding through a rail corridor where there are approximately 350 at grade crossings. County governments have also expressed concerns over the cost of safety upgrades which they will have to absorb despite the high-speed rail project being touted as privately funded.
“Local governments should not have to absorb the costs of a privately funded project,” said Rep. Erin Grall, (R-Vero Beach). “My bill will hold Brightline and other rail companies responsible for the cost of necessary safety upgrades rather than shifting them to the taxpayers.”
Rep. Grall and co-sponsor Rep. MaryLynn Magar have filed HB 525 which stipulates that a railroad company operating high-speed passenger rail is solely responsible for all rail corridor improvements or upgrades relating to its operation and safety. Neither local governments nor the state will be responsible for any costs associated with the construction and maintenance of necessary improvements unless express consent is given in writing.
Joining Sen. Mayfield and Rep. Grall were Kate Pingolt Cotner, Assistant County Attorney for Indian River, Chief Dan Wouters, Fire Rescue, Division Chief of Martin County Emergency Management, and Brent Hanlon with Citizens Against Rail Expansion in FL who echoed concerns on behalf of the Treasure Coast Region.
For more information please visit flsenate.gov and myfloridahouse.gov.

Gov. Rick Scott: I am Demanding Answers on Fatalities in Broward

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Governor Rick Scott this afternoon made the following statement regarding tragic news reports of multiple deaths in a nursing home in Hollywood Hills, Florida.
Governor Scott said, “I am absolutely heartbroken to learn of news reports of the deaths of multiple individuals in a nursing home in Broward County. Protecting the lives of Floridians is my top priority and that’s why we have worked all week to help Floridians prepare and respond to Hurricane Irma. I am going to aggressively demand answers on how this tragic event took place. Although the details of these reported deaths are still under investigation, this situation is unfathomable. Every facility that is charged with caring for patients must take every action and precaution to keep their patients safe – especially patients that are in poor health. I have directed the Agency for Health Care Administration and the Department of Children and Families to immediately work with local law enforcement to conduct an investigation, and if they find that anyone wasn’t acting in the best interests of their patients, we will hold them accountable to the fullest extent of the law. I am also asking available first responders to immediately check in with the healthcare facilities in their area to make sure nursing homes and assisted living facilities are able to keep their residents safe.” 
The state has taken the following actions regarding Hurricane Irma preparedness and response for healthcare facilities: 

  • Of Florida’s total 309 hospitals, all operational facilities have power or are running on generator power. Ten Florida hospitals are currently closed and are continuing to coordinate with the state on reopening.
  • More than 90 special needs shelters were opened to help patients in need. There are currently 61 open.
  • The Division of Emergency Management and the Department of Education worked with school districts to offer school buses to aid in evacuation. Every school district with evacuations offered this service.
  • Governor Scott, the Secretary for the Agency for Health Care Administration and the State Surgeon General have held daily calls with hospitals, nursing homes, and assisted living facilities since September 5th to ensure they have every needed resource to keep patients safe.
  • The Rehabilitation Center at Hollywood Hills is responsible for the safety of their patients. Department of Health officials have been in contact with Larkin Community Hospital Behavioral Health Services management and the Rehabilitation Center at Hollywood Hills over the past three days. Hospital administrators were advised to call 911 if they had any reason to believe that the health or safety of patients was at risk. Yesterday afternoon, the facility reported to the AHCA that they had power and access to fans and spot coolers provided by Memorial Healthcare.
  • If ANY facility believes that their patients are in danger, they must call 911 and immediately work to get those in their care to safety.
  • AHCA and DCF have launched investigations. If they find that this facility was not meeting the state’s high standards of care, they will be held accountable to the fullest extent of the law. These agencies will have investigators on site at the facility today.
  • All nursing home facilities are required to have an emergency management plan. For nursing homes, this plan is required to be submitted and kept on hand by county emergency management officials. As part of the licensure process, AHCA confirms that the facility’s emergency plan has been submitted to local officials.