Call it the “Battle of the Bridge,” and if the battle is lost, Florida marine businesses and thousands of boaters will take a hit. So the call is out for an all-industry effort to prevent what will be an access disaster.
Two marine industry associations — the Marine Industries Association of the Treasure Coast on the east coast and the Marine Industries Association of Southwest Florida & Tampa Bay on the Gulf Coast — have joined a lawsuit to protect access through the Okeechobee Waterway.
At issue is a planned high-speed Brightline train from Miami to Orlando that would cross the waterway, central Florida’s heavily traveled route connecting the Atlantic and the Gulf of Mexico. The proposed operation of a Florida East Coast Railway bridge across the Okeechobee would negatively impact thousands of boats and commercial vessels, marine businesses, property owners and a host of others on both coasts.
“A vital aspect of our mission as an association is to protect the interests of boaters, and no interest is more fundamental and worthy of protection than safe and unobstructed navigation of our waterways,” says MIATC president Tom Whittington. “We’re honored to be part of this principled stance and be joined by our colleagues from the west coast in demanding an equitable solution.”
Together, MIATC and MIASFTB represent more than 370 marine businesses.
This Okeechobee Waterway was completed in 1937 to provide an east-west water route through the central part of the state. A single-track FEC railroad bridge passes over the waterway. The area under it is so narrow that only small boats can safely pass in both directions at the same time. Larger boats and all commercial vessels must pass through one at a time. If the bridge is closed, the vertical clearance of 6 feet allows only small boats to pass.
But the bridge has never been a problem because, by law, it’s been kept in the up position to accommodate vessel traffic. The span comes down only for freight trains and mostly at night.
Enter Brightline, a privately owned company, not public transportation.
As proposed, the Brightline train will require up to 32 bridge closures every day. The FEC Railway has entered into an agreement with Brightline to keep the bridge in the down position, in violation of the long-standing regulation and preventing safe navigation for 45 minutes of each hour between 5 a.m. and 9:45 p.m. This in addition to freight train passes. Many experts believe the claimed 15 minutes of open navigation is blowing smoke.
In response, thirteen marine-related businesses filed a lawsuit against FEC, the Coast Guard and the Army Corp of Engineers. They’re seeking an injunction to prevent FEC from changing the current operation of the bridge. The lawsuit also asks the Coast Guard and Corps of Engineers to meet their mandated roles to insure reasonable and safe navigation.
“We did not go looking for this fight,” says Dan Romence, of Indiantown Marine Center. “Only after our numerous attempts to achieve a fair and equitable outcome were rebuffed and ignored were we finally forced to take this step to defend our livelihoods, public safety and the basic rights that every boater is entitled to.
“Our suit seeks declaratory relief against FEC as the bridge owner, as well as the Coast Guard and the Army Corps of Engineer,” Romence adds. “By allowing Brightline to operate trains in this manner, FEC is violating a federal law that prohibits any entity from obstructing the free navigation of the waterways of the United States.”
The injunctive relief would prevent FEC from allowing Brightline to implement its proposed plan to run the full schedule of trains over the bridge starting this summer.
Other marine businesses can play a role by supporting the lawsuit. Businesses on Florida’s west coast and all along the waterway can give this effort greater impact and awareness. Contact Romence at (772) 722-8188 or email [email protected].
Concurrently, the Marine Industries Association of Southwest Florida & Tampa Bay is also appealing to other trade associations to develop a public awareness campaign.
“We need to spread the word now,” says executive director John Good. “Unless you’re a business directly impacted, this is one of those issues that might fly under your radar until it is too late. Action is really needed now.”
Contact Good at (954) 592-6554 or email [email protected].
“The small, bridge-opening window is nowhere near enough time for the large number of vessels that use the waterway to safely pass,” Good says. “Clearly there will be critical backups. In other words, FEC is condoning and contributing to an obstruction of a federally regulated navigable waterway. This is a David versus Goliath battle, and David needs an outpouring of support now.”
In addition to the two associations, the plaintiffs include Indiantown Marine Center, MarineMax, Mobro Marine, Beyel Brothers, McCulley Marine Services, Ferreira Construction Co., DL Milling Family, Atlantic & Gulf Dredging & Marine, Willis Custom Yachts, AC Meridian Marina, Indico Properties, HMY Yacht Sales, and Simply Yachts.
