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CDD directs legal review after questions about HPCA "Coffee With Candidates" event

Heritage Pines Community Development District Board of Supervisors · September 17, 2024
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Summary

At its Sept. 17 meeting the Heritage Pines CDD unanimously directed the District Manager to review and District Counsel to opine on whether an HPCA-organized Oct. 9 "Coffee With Candidates" event, and distribution of candidate bios, could violate Florida's Sunshine Law.

At the Sept. 17 Heritage Pines Community Development District meeting, Vice Chair Arthur Rhodes pressed the board to investigate a Heritage Pines Community Association (HPCA)–organized "Coffee With Candidates" event scheduled for Oct. 9, saying the program and attached candidate bios raise potential Sunshine Law concerns.

Rhodes asked who had instructed HPCA staff to schedule the event and whether CDD officials had authorized it, saying that holding an event that effectively serves as a campaign appearance for multiple candidates could violate the Sunshine Law if multiple board members attend. "It represents a campaign event and not necessarily a public service event," Rhodes said.

HPCA General Manager Herb Hurley told the board that the candidates requested the event so they could introduce themselves to residents and declined to discuss the matter further, saying it should be handled by attorneys. District Manager Chuck Adams advised that sitting board members must take care because attendance can create Sunshine Law issues and said he will ask District Counsel to prepare a memorandum on the legal implications.

The board voted unanimously on a motion by Mr. Rhodes, seconded by Ms. Vaughan, directing the District Manager to review the implications of the outside candidates and any alleged hostile contractual relationships and directing District Counsel to provide a legal opinion. The motion passed with all in favor.

Rhodes also read brief statements of candidates included with the event materials: Mr. Steele said the community needs "necessary changes from current direction, priorities and results," Stephen Putman said he wants to "work together to enhance the community," and Mr. Kleeman said he observed "discord between the CDD and Heritage Pines." The minutes note that, per CDD records, some candidates have limited prior attendance at CDD meetings.

Next steps recorded in the minutes: Adams will request a legal memorandum from District Counsel and review the matter; Rhodes requested that his presentation be included in the meeting minutes. The board set its next meeting for Oct. 15, 2024.