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District counsel advises separate candidate events to avoid Sunshine Law risks

Heritage Pines Community Development District · October 15, 2024
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Summary

District Counsel told Heritage Pines supervisors that incumbents wishing to participate in a 'Coffee with Candidates' event should ensure compliance with election rules and consider arranging separate events per seat to avoid potential Sunshine Law violations.

Board members discussed District Counsel’s written response to questions about a proposed ‘‘Coffee with Candidates’’ event during the Oct. 15 meeting.

Chair Kathleen Lonergan read counsel’s email noting that any incumbent supervisor interested in participating must ensure compliance with the election code and that it would be “a fair request for them to arrange separate events per seat to avoid any potential Sunshine Law violations.” Board members noted the HPCA attorney’s opinion differed from District Counsel’s view and that many of Arthur Rhodes’s questions might be matters the Florida Election Commission should address. The board did not take formal action; the guidance was recorded for follow-up and to inform how the district and incumbents plan outreach to candidates.

The board also noted that the Florida Election Commission enforces complaints but does not provide advisory opinions; Lonergan emphasized that some questions raised are procedural and may be referred to the Commission for enforcement-related matters.