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Counsel warns Heritage Pines incumbents to separate candidate events to avoid Sunshine Law risk

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

District Counsel advised supervisors that incumbents should ensure election‑code compliance and hold separate events by seat to avoid potential Sunshine Law violations; the board discussed differing legal views and whether questions should be directed to the Florida Election Commission.

The board discussed District Counsel’s written guidance about a proposed Coffee with Candidates event and whether it might run afoul of Florida’s Sunshine Law.

Chair Kathleen Lonergan read District Counsel’s email noting that "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. Board members compared District Counsel’s advice with an opinion from the HPCA attorney and noted that some procedural questions raised by Rhodes might be more appropriate for the Florida Election Commission, which handles complaints rather than advisory opinions.

No formal action was taken; the discussion was advisory and the board did not adopt a policy during the meeting.