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Board warned to avoid joint "Coffee with Candidates" events to prevent Sunshine and election-law risks

Heritage Pines Community Development District Board of Supervisors · October 15, 2024
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Summary

District Counsel advised incumbents to arrange separate seat-specific events to avoid potential Sunshine Law and election-code issues; the board discussed differing legal opinions and whether a workshop or separate events were appropriate.

At its Oct. 15 meeting, the Heritage Pines CDD board reviewed District Counsel's written guidance about a proposed "Coffee with Candidates" event and was cautioned that joint events with incumbents could raise issues under Florida's election code and the Sunshine Law.

Chair Kathleen Lonergan read counsel's email recommending that "if any incumbent Supervisor is interested in participating they will need to ensure compliance with the election code and I think it would be a fair request for them to ask them to arrange separate events per seat to avoid any potential Sunshine Law violations." Vice Chair Arthur Rhodes said "our guy" would not attend under that interpretation. Board members also discussed that the HPCA attorney had offered an opinion that differed from District Counsel's view and noted that portions of the Florida statute were relevant to the question. The board noted that the Florida Election Commission enforces complaints but does not provide advisory opinions.

The board did not record a formal motion on the matter at the meeting; discussion focused on whether to hold separate candidate events, convene a workshop or seek additional clarifications. No formal advisory opinion from the Florida Election Commission was cited in the minutes.

Chair Lonergan read counsel's guidance into the record and the discussion concluded without a formal directive recorded in the minutes.