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Sunshine-law concerns prompt Heritage Pines CDD to seek legal review of candidate "coffee" event
Summary
Vice Chair Arthur Rhodes raised concerns that a HPCA-organized Oct. 9 “Coffee With Candidates” event could violate Florida’s Sunshine Law; the board unanimously directed the district manager to review the implications and asked district counsel for a legal opinion.
Arthur Rhodes, vice chair of the Heritage Pines Community Development District Board of Supervisors, pressed at the Sept. 17, 2024 meeting for a legal review of a planned “Coffee With Candidates” event after raising Sunshine Law concerns.
Rhodes told the board that HPCA staffer Kim Norton circulated a memo scheduling the Oct. 9 event and attaching resumes and bios for three candidates. Rhodes said he was concerned the HPCA—a separate legal entity—had stepped into scheduling a campaign-style event and that the participation of multiple CDD board members could violate Florida’s Sunshine Law.
Herb Hurley, general manager for the Heritage Pines Community Association (HPCA), told the board the candidates asked that the event be scheduled so residents could meet them and that board members had been advised they could not attend if doing so would breach the Sunshine Law. Chuck Adams, the district manager, said he will ask district counsel to prepare a memorandum offering a formal opinion.
Rhodes also recounted the candidates’ stated reasons for running, saying the materials included statements attributed to the candidates: Mr. Steele said the district needs “necessary changes from current direction, priorities and results,” Mr. Putman said he wants to “work together to enhance the community,” and Mr. Kleeman said his observation is “there is discord between the CDD and Heritage Pines.”
On a motion by Rhodes, seconded by Carol Vaughan, the board voted unanimously to direct the district manager to review the implications of outside candidates’ involvement and alleged hostile relationships, and to request a legal opinion from district counsel.
Why it matters: The Sunshine Law governs public meetings for elected boards in Florida; whether a community association’s scheduling of a candidate forum creates a prohibited discussion among board members depends on who attends, how the event is run and whether topics that could come before the board are discussed. The board’s request for a formal legal opinion creates an official record of concern and a path for clarification before the Oct. 9 event.
The board did not take further action at the meeting; Adams said counsel’s memorandum will be prepared and board members were reminded not to reply to the email thread about the event.
