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CDD orders legal review after HPCA schedules 'Coffee With Candidates' amid Sunshine Law concerns
Summary
The Heritage Pines CDD board directed the district manager and district counsel to review an HPCA-organized 'Coffee With Candidates' event scheduled for Oct. 9, citing potential violations of the Florida Sunshine Law; the board approved the directive unanimously and requested a counsel memorandum.
The Heritage Pines Community Development District Board voted Sept. 17 to have the district manager and District Counsel review an HPCA-organized "Coffee With Candidates" event and provide a legal opinion on whether the event, as arranged, could violate the Florida Sunshine Law.
Vice Chair Arthur Rhodes led the discussion, saying event materials circulated by HPCA included candidate biographies and that the format — which he described as effectively a campaign event for two outside candidates — raised "serious problems in the relationship between the HPCA and the CDD." Rhodes said he asked who instructed HPCA staff member Kim Norton to schedule the Oct. 9 event and flagged that Supervisor‑elect Stephen Putman could be affected by Sunshine Law restrictions if he participates. "The candidates stated their reasons for running were as follows," Rhodes said, reading summaries of candidate statements including an account that Mr. Steele sought "necessary changes from current direction, priorities and results." (Mr. Rhodes introduced those candidate remarks on the record.)
HPCA General Manager Herb Hurley told the board that the candidates asked for the event and declined to discuss the matter further in the meeting, saying it should be taken up by attorneys. "I will not discuss this matter further," Hurley said. District Manager Chuck Adams warned sitting board members about Sunshine Law constraints and said he would ask District Counsel to prepare a memorandum outlining legal implications.
On a motion by Arthur Rhodes, seconded by Carol Vaughan, the board unanimously approved directing the district manager to review the implications of outside candidates and allegations about strained working relationships, and directed District Counsel to provide a legal opinion. The motion passed "with all in favor." The minutes record that some board members expressed concern that an HPCA event attended by multiple CDD board members could create a Sunshine Law violation and that sitting members may attend only under tightly limited circumstances.
The board also discussed whether CDD board members could attend the event in a manner consistent with the Sunshine Law; Adams said that sitting board members may attend one‑on‑one meetings and that two or more members attending together could create impermissible opportunities to share opinions on future board business. The board asked that the counsel memorandum and the district manager's review be provided before any CDD participation is permitted.
Next steps: District Counsel will prepare the requested legal opinion and District Manager Adams will review communications and report back to the board. The matter was added to the minutes and the board recorded the motion for referral to counsel.
