Former Agency for Health Care Administration Secretary Holly Benson is obviously determined to make the GOP primary for Attorney General a real slugfest judging by the Tallahassee heavyweights who are hosting a fundraiser for Benson on Dec. 9.
Among those listed on the invitation are Brian Ballard, Paul and Sally Bradshaw, Jim Magill, Mark Kaplan, and Mike Harrell.The inclusion of Ballard is significant since Ballard is a top fundraiser of Gov. Charlie Crist. Ballard is siding with Benson despite the fact that Lt. Gov. Jeff Kottkamp jumped into this race months ago.
Having four current and former legislators in this race - as pointed out here and here- makes it easy to compare their records. Consider this Part II of an ongoing examination of the positions of the quartet - Benson, Kottkamp, Dan Gelber and Dave Aronberg - on important bills that all they voted on as well as bills that had legal and constitutional questions or show a divergence in their positions.
Terri Schiavo I: The GOP-controlled Legislature during a 2003 special session passed a highly controversial piece of legislation that let then Gov. Jeb Bush order that Schiavo's feeding tube be kept in place despite judicial rulings allowing it to be removed.The law was later struck down unanimously by the state Supreme Court including Bush's own appointees. Kottkamp-Yes. Gelber-No. Aronberg-No. Rep. Benson was one of 28 House members who missed the first vote, but voted yes when the bill came back a second time.
Terri Schiavo II: This bill was taken up during the 2005 regular session and was drawn more broadly than the first. It would have prevented the withholding or withdrawal of food or water to a person in a persistent vegetative state unless they had expressly directed the withholding of food and water. The legislation was never passed because it died in the Florida Senate. (Among those voting no was Sen. Paula Dockery, who is now running for governor on the GOP side. Dockery voted no on the first bill too.) Kottkamp and Benson - Yes. Gelber and Aronberg-No.
Stand Your Ground: This measure was a top priority in 2005 by the National Rifle Association. It changed Florida law so that someone was no longer required to retreat before they could use deadly force to protect themselves even if they were outside their homes. It also expanded the definition of "castle" - a place where a person is not bound to retreat - to include cars.
This standard has come to play in criminal cases since then, such as the August 2009 ruling that upheld the release of a Tallahassee man who shot and killed another man in a car outside a nightclub. Jimmy Hair and Charles Harper were fighting inside a car when Hair says he got his gun and tried to use it as a club, but the gun went off and killed the other man. The court said the "physical evidence" was clear that the man was shot inside the car and the law makes no exception from immunity when the victim is in retreat "at the time defensive force is employed."
Benson, Kottkamp and Aronberg voted yes. Gelber voted no.
Alimony: This was a contentious bill from 2005 that changed the circumstances in which a court could reduce or terminate alimony payments. The "shacking up" bill was aimed at cases where a spouse moves in with someone but doesn't marry them. But some complained that the legislation went too far and would hurt women. Benson and Gelber voted no. Kottkamp and Aronberg voted yes.
60 percent amendment: This joint resolution placed on the ballot a requirement that all future constitutional amendments need to be approved by 60 percent of the voters in order to pass. Kottkamp, who was a cosponsor of the measure, voted yes, as did Benson and Aronberg. Gelber voted no.
Instant bingo: This 2004 bill authorized the use of instant bingo tickets, essentially allowing organizations that conduct bingo to sell pull-tab tickets instead of requiring people to play bingo the old-fashioned way. Gov. Bush vetoed the legislation, saying it expanded gambling and may have violated the constitutional provision that limits lottery games to the state. Benson was one of just 11 Republicans to vote against the bill. Gelber, Kottkamp and Aronberg voted yes.
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