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Heritage Pines board cautions incumbents on 'Coffee with Candidates' events under Florida election and Sunshine rules

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

Board members discussed District Counsel’s guidance that incumbents who participate in a "Coffee with Candidates" event must comply with election laws and consider separate events per seat to avoid potential Sunshine Law violations; no formal action was taken.

District Counsel advised Heritage Pines supervisors that incumbents who participate in a proposed "Coffee with Candidates" event must ensure compliance with the election code and consider arranging separate events per seat to avoid potential Sunshine Law violations, Chair Kathleen Lonergan reported at the Oct. 15 meeting.

Reading from District Counsel’s email, Lonergan said: “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 the counsel’s interpretation of campaign and Sunshine rules.

District Manager Chuck Adams asked whether further discussion was necessary in light of counsel’s written response. Lonergan noted that District Counsel said many of the questions posed by Supervisor Arthur Rhodes were more appropriately directed to the Florida Election Commission, and she reminded the board that the commission enforces complaints but does not provide advisory opinions. The board heard differing viewpoints from supervisors and noted that the HPCA attorney’s opinion varied from District Counsel’s interpretation and portions of the Florida statute. The discussion produced no formal vote or directive; counsel’s written guidance was recorded and the board did not adopt a policy at the meeting.

Members and residents who raised the issue can pursue separate, seat-specific events if incumbents wish to participate; the transcript records the counsel recommendation but does not record any enforcement action or formal legal opinion from the Florida Election Commission.