State facing end of month deadline on A/C rebates

“In terms of going forward, we are truly exploring all available options including: talking to our federal partners about extending the Sept. 30 date to have all of the funds committed; looking at existing programs within the Energy Office that the funds may be used for; and exploring what the repercussions may be if the money is not spent at all,” said Sterling Ivey, the governor's press secretary.

The blow up started Wednesday when Crist said Florida's 15-member Legislative Budget Commission failed to approve the use of the federal money, which is already in a state account, for an energy rebate program when the commission met earlier this week.

The commission can move money within a department but can't approve new funding not already in the state budget.

Crist's office says the money is in a savings account with the Energy Commission; they wanted it moved to a checking account.

Leaders in the Legislature say they cannot legally spend the money without approval from the full Florida House and Senate.

“The CFO cannot release the funds without the proper legislative authority,” said Jerri Franz, a spokesperson for the CFO office. Alex Sink, a Democrat running for governor, is the state's current CFO.

Florida Democratic CFO candidate Loranne Ausley called on Senate President Jeff Atwater, a Republican who also is running for CFO, to approve the $31.5 million.

“Florida taxpayers might have been expecting too much out of Senate President Jeff Atwater, but they expected him to do his job and approve the millions of dollars worth of rebates they were promised,” Ausley said. “Once again, Atwater is asleep at the wheel, using his office to play politics with the governor instead of working with taxpayers to improve our economy.”

Crist said Wednesday that not funding the program, which he helped to create, was political game-playing — possible payback for him abandoning the Republican Party to run as an independent for the U.S. Senate. He could not be reached for comment Thursday.

“The legislature will return for an organization session in November,” said Senate Ways and Means Chairman J.D. Alexander, R-Lake Wales. “If, after evaluating other spending options, it is the desire of both houses to fund these programs, appropriations can be lawfully provided during a special session, if one is called.”

Alexander explained in a letter to Crist that Florida statute prohibits spending appropriations for “fixed capital outlay projects” for any other purpose. They also prohibit budget amendments, which fund programs requested by an agency or recommended for funding by the governor, but not funded by the legislature.

“Both amendments run afoul of the first prohibition,” Alexander said.

But the governor's office said the money was for “operating appropriations,” which is allowable under the law, and insisted Thursday that language was included in the budget passed in the spring for the federal money, which is part of President Barack Obama's American Recovery and Reinvestment Act of 2009.

Officials point to “line item 2561A of the General Appropriations Act”. It is for $126 million appropriated for the State Energy Program in the Energy Office. They say the $31.5 million was a component of the $126 million, adding “there is no proviso (conditional) language for this line item.”

The Attorney General's office declined to comment on the issue, referring all questions to the Senate Budget Office, which did not return calls. Senate President Atwater's office said the energy rebate program, which has a solar system and heating/air-conditioning component, was not funded by the legislature.

“It's not in the budget,” said David Bishop, a spokesman for the senate president. “There is no politics at play here. The legislature was not going to break the law to fund the programs.”

Contact Moore at 3374-5036 or kimberly.moore@nytrng.com.