Gov. Charlie Crist continues to find himself at loggerheads with the Republican leadership in the Legislature -- this time over a budget matter involving funds from the federal stimulus targeted for Floridians looking to switch to solar power.
Crist has been at odds with the legislative leadership for most of 2010 on matters ranging from the protracted fight over SB 6 to the less-than-an-hour special session of the House earlier in the summer.
The latest round between the governor and the Legislature started Tuesday when Crist sent a letter to Senate President Jeff Atwater, R-North Palm Beach, and House Speaker Larry Cretul, R-Ocala, demanding to know why the leadership was not looking to gain access to federal funds for rebates for Floridians looking to purchase green energy and HVAC products.
I would like to bring to your attention that $31.5 million in federal funds are immediately available to stimulate Floridas economic recovery and assist Florida homeowners and businesses, wrote Crist. However, my request to include an item on the agenda for todays Legislative Budget Commission meeting was not taken up, thereby denying Floridas businesses and homeowners immediate access to these funds, which could provide rebates for installing solar panels and for upgrading residential heating and air-conditioning systems.
I am disappointed that this matter was not on todays Legislative Budget Commission meeting agenda, continued Crist -- though it could not have been that surprising, considering the tension between the governor and the Republican leadership. Florida has already received federal approval to use the funds; however, legislative authority is still needed. I continue to encourage you to act quickly so that these funds can begin flowing into Floridas marketplace and most importantly, begin providing jobs for Floridians.
Crist then focused on one of the biggest points of contention between conservative Republicans and the moderate former Republican governor -- his support of the federal stimulus backed by President Barack Obama.
As you are aware, the Florida Legislature created the popular solar rebate program in 2006 to encourage homeowners and businesses to switch to solar power, and due to the programs extreme popularity, a $52 million backlog exists, added Crist. Thanks to the good work of Floridas Energy Office, the United States Department of Energy has agreed to authorize the use of $13.9 million in federal American Recovery and Reinvestment Act funds to reduce that backlog. Without your action, these funds cannot support Floridas economic recovery.
In addition, Florida was able to secure $17.5 million in federal American Recovery and Reinvestment Act funds for HVAC rebates, continued Crist, still focusing on the stimulus. These rebates give Floridians an incentive to replace their heating and air-conditioning systems with more energy-efficient systems that will reduce energy consumption and create new green-energy jobs throughout Florida. Again, without your action, these funds cannot support Floridas economic recovery.
Crist ended with a plea to the leadership.
In light of Florida securing federal approval to access these federal funds, it is with a sense of urgency that I again call on you to immediately ensure that the Legislative Budget Commission takes action to remedy this situation as soon as possible. Legislative authorization of these $31.5 million will benefit Floridas economy today, as well as create a cleaner Florida for future generations.
Cretul fired back at the governor Wednesday, arguing that Crist was asking for the leadership to circumvent the process.
I am in receipt of your Sept. 14, 2010, letter requesting Legislative Budget Commission (LBC) consideration of items that were not on the LBCs agenda on Sept. 14, 2010, Cretul wrote to Crist.As you are aware, the reason these items were not placed on the agenda is because the approval of such amendments by the LBC would be unlawful. The authority and powers of the LBC are intentionally limited to ensure that responsibility of appropriating rests with the full Legislature. The type of action sought requires the review and affirmative approval of the majority of both chambers of the Legislature and cannot legally be relegated to a small subset of its members.
Specifically, the Florida Energy and Climate Commission (FECC) requested the transfer of a fixed capital outlay appropriation for another purpose, continued Cretul. This is expressly prohibited by Chapter 216, Florida Statutes. In addition, Chapter 216 also prohibits amendments for items that were requested by an agency or the governor but were not approved by the full Legislature. The solar rebate program amendment was not placed on the agenda for this reason as well.
Cretul then took a more direct shot at the governor.
What is truly unfortunate about this situation is that the FECC approved and you announced the HVAC rebate program publicly, knowing that the funding had not been approved by the LBC, wrote Cretul, pointing the finger at Crist. What is also unfortunate is that the backlog of solar rebate applicants was in great part caused by the failure of the FECC to announce that funds were depleted, thus duping the citizens of Florida to believe they were eligible for a rebate that was no longer available. Not only did the FECC fail to notify the public timely or adequately that the funds had run out, they failed to even post such notice on their website until months after the funds had been exhausted.
Certainly you appreciate that neither the speaker nor the president is above the law and cannot circumvent lawful process, closed Cretul.I am sure that you agree with me that those who have misled Floridians about the continued availability of these rebates and have treated our citizens and small-business owners so disingenuously should be held accountable. The funds in question may be used for these rebate programs or for other purposes as may be determined by the full Legislature when they convene next.
Crist was getting the support of some Democrats in the Legislature. Rep. Darren Soto, D-Orlando, sent a letter to Atwater and Cretul, urging them to add the rebate program to the next LBC agenda.
Many folks relied on the solar rebate program in making the decision to invest in clean, solar energy, said Soto.Now the entire solar industry is grappling with immense uncertainty in our great state, and Floridians are skeptical about this great incentive program.
Reach Kevin Derby at kderby@sunshinestatenews.com or at (850) 727-0859.
