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Heritage Pines CDD adds 'Coffee With Candidates' agenda item amid Sunshine Law questions

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

The Heritage Pines CDD voted to add a late agenda item to discuss a candidates' event scheduled Oct. 9, 2024; supervisors asked District Counsel for a legal opinion on whether the HPCA-organized event and distributed candidate bios could run afoul of Florida's Sunshine Law.

The Heritage Pines Community Development District board approved adding a late agenda item to discuss an Oct. 9 “Coffee With Candidates” event after Vice Chair Arthur Rhodes raised concerns about the event’s organization and candidate materials.

"Who instructed Ms. Norton to schedule the CDD candidate event?" Rhodes asked during the Sept. 17 meeting, noting that candidate résumés and bios were attached to the notice. HPCA General Manager Herb Hurley said the candidates asked for the event to be scheduled so they could become known as candidates for the CDD Board.

Rhodes argued the HPCA’s role and distribution of candidate materials could create conflicts and asked whether multiple sitting supervisors attending would violate the Florida Sunshine Law. District Manager Chuck Adams said sitting supervisors were advised they could not attend such an event because of Sunshine Law constraints and that only one board member may attend without creating an impermissible meeting.

On a motion by Mr. Rhodes, seconded by Carol Vaughan, the board directed the District Manager to review the implications of outside candidates and asked District Counsel to provide a written legal opinion. The motion passed with all in favor.

The board also recorded attendance history for the named candidates: Mr. Kleeman attended one of six CDD meetings in FY2024, while Mr. Steele and Mr. Putman had not attended. Adams said he will ask District Counsel to prepare a memorandum and reminded board members not to reply to related emails.

The board did not adopt any enforcement action at the meeting; the requested legal opinion will inform any next steps.