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Voting records could tilt race

The state Senate District 16 primary contest between Kim Berfield and Frank Farkas could hinge on some of their votes in the House.

By ALEX LEARY
Published May 19, 2006

	Berfield
	Farkas
	How they voted

TALLAHASSEE - State Reps. Kim Berfield and Frank Farkas will spend all summer battling for votes in a hotly contested state Senate primary. But the tone of the campaign will be shaped by a handful of votes they cast in their final session as House members.

The Pinellas Republicans, one of whom will face Democrat Charlie Justice in the general election, took opposite sides on at least 12 issues, from the class-size amendment to high-interest title loans and public records exemptions, a St. Petersburg Times analysis shows.

Those differences are ripe for exploitation, if not distortion, in the form of TV ads and direct mail as the candidates head into what is expected to be the most watched, best financed state Senate race in Florida. The seat spans Tampa Bay, taking in parts of Pinellas and Hillsborough counties.

"It's going to be bloody," said Doug McAlarney, a Republican consultant in Tallahassee who is not helping either candidate. "It'll be fun to watch from a distance but no fun to be there on the ground."

Hundreds of bills were heard this year, and Berfield and Farkas voted the same way on most of them. The times they did not, however, may reveal philosophical differences, with Berfield siding with Democrats on education issues and Farkas more likely to vote with his fellow Republicans.

* Farkas of St. Petersburg voted for a Republican bill to weaken the voter-approved class-size amendment. Berfield voted no. Farkas voted to allow a man to stop paying child support if DNA tests show he is not the father of a child. Berfield again voted no.

* Berfield of Clearwater voted for a Republican proposal to let unopposed candidates keep $50,000 in their campaign accounts. Farkas voted no. Berfield cast the deciding vote advancing a Democrat-backed bill allowing high-interest car title loans, a bill opposed by lobbyists for consumers. Farkas then refused to hear the bill in a committee he chairs, killing the measure.

"The only people who were going to suffer are the very ones who can't afford to pay anyway," Farkas said. "I thought it was a significant consumer issue."

Berfield countered that she worked with the title-loan bill sponsor, Rep. Chris Smith, D-Fort Lauderdale, to provide better protection for borrowers, including credit counseling and a loan cancellation option after 24 hours. "We took steps to make sure the individuals who need these loans can obtain them, but obtain them in a responsible manner," she said.

Farkas would not say whether he would draw attention to the title-loan vote, though his campaign consultant acknowledged it could play to blue-collar constituents. Berfield said a full evaluation of her record during six years in the House would show her "far more consumer oriented" than Farkas.

She pointed to their division over a bill debated in the final moments of the 2006 session, the so-called drug pedigree legislation. The bill sought to weaken a state law that tracks prescription drugs and combats counterfeiting.

Berfield voted no, and Farkas voted yes. He said he viewed it as "more regulation on something pharmaceutical companies are already doing."

"If the industry is already taking these steps," Berfield questioned, "why would we even consider lessening the safety precautions that could affect a patient's health or even lead to their death?"

*   *   *

Education issues dominated the 60-day session, and voting records for the candidates reveal differences, none more stark than the class-size amendment.

Approved by voters in 2002, the class-size amendment has been a thorn to Republicans because it will cost billions for construction. A bill introduced this year would have given school districts more leeway in enforcing rigid class sizes and mandated that school boards spend 65 percent of their budgets in the classroom.

Berfield was one of few Republicans who opposed the move, saying her vote reflected concerns from constituents. "It's a winning issue for her," said McAlarney, the Republican consultant.

Farkas held the party line, contending that class-size caps seem to work in lower grades, but are a "mixed bag" after that. "We're spending so much money and we're not sure what we're getting in return."

Just as Berfield's title-loans vote could haunt her, Farkas' position on class size could prompt ads showing him as an advocate of classrooms bulging with 40 or 50 students.

The education stances suggest Berfield may be positioning herself for a general election race against Justice, said Derek Newton, a Democratic consultant from Miami who is familiar with the race. "For the Senate, it's always good to be more moderate."

Justice, a House member from St. Petersburg, offered a proposal a few weeks ago that divided his Republican adversaries. It came amid a debate over a bill that would require gun and bait shops to offer customers voter registration material.

The amendment called for sending the same registration papers along with new teacher certificates. Farkas was one of only two Republicans to go along with the idea. "I think the more opportunity we give people to register to vote, the better."

A bill giving inmates broader access to DNA testing left Farkas in the company of Democrats and more moderate Republicans. He voted in favor of an amendment to undo changes that restricted access.

"If people are truly innocent, we need to find that out," Farkas said. His primary opponent voted against the amendment, later explaining that she talked with lawyers and law enforcement officers who felt the DNA testing would be used by guilty people to reduce their sentence.

*   *   *

Berfield voted in favor of a bill that would have provided tuition aid for children of illegal immigrants - at least in the official record. She said she was away from her desk at the time, working on the budget in a back room of the House chamber known as "the bubble," when someone punched her button.

Four days later, she changed her vote to no, the same stance as Farkas. "That could be deadly," McAlarney said. "They could hit her for flip-flopping. Or people could ask, how often does it happen that she isn't there to vote?"

It is not uncommon for lawmakers to change votes, for political appearances, to correct mistakes or because they learned more about the situation and changed their mind. But it does nothing to affect the outcome.

Berfield also switched sides on a bill that would have aided 29 poor counties, initially voting yes. On May 10, five days after the session ended, she asked the clerk to show her as opposed. Berfield said she later learned how it take money from Pinellas and Hillsborough counties. Farkas said he opposed the bill for the same reason.

Farkas himself changed one vote after the fact, ending up on the same side as Berfield in favoring a bill that would give barrier island homes access to insurance. He said he made the move after learning more about the situation.

Times staff writer Steve Bousquet contributed to this report.

[Last modified May 19, 2006, 12:11:36]