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Two state senators, one from each end of the proposed High Speed Rail route through Central Florida today sued the Governor, asking the Florida Supreme Court to say he overstepped his authority in refusing to accept Federal funds for the project. But, as Mike Vasilinda tells us, even if they win, it may be difficult to force the Governor to build the train.

The lawsuit was filed in the Florida Supreme Court, asking the court to immediately order the governor to accept federal funds to build a high speed rail system. State Senator Arthenia Joyner says the Governor overstepped his authority when he tried to kill the project.

“This is not a monarchy. He’s not a king. This is a democracy and that there are three co-equal independent branches of government,” said Senator Joyner.

The bi-partisan lawsuit argues the legislature appropriated money for high speed rail, set up a funding mechanism, and Governor Rick Scott doesn’t have the authority to overturn existing law or give money back to the federal government thats already been accepted by a previous Governor.

“We just hope that the Governor gets out of the way of innovation and allow Floridians to pursue this wonderful technology. I think it will pay great dividends,” Sen. Altman said.

The Governor has said repeatedly that he doesn’t believe there is a way to keep taxpayers off the hook for the money so even if the Senators prevail in their lawsuit there may be no way to bring the Governor to the dance. And while there may be no way to make the governor allow the use of right of way, Arthenia Joyner says first things first.

“If we get the money then I think everything else will fall in place. This is a very important project,” she said.

After Scott refused the money, the Feds originally gave the state a week to make a deal work, then they extended it another week. Now rail backers are asking for more time until the lawsuit is settled.