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CDD counsel warns incumbents to hold separate candidate events to avoid Sunshine Law risk
Summary
District Counsel advised incumbents to arrange separate seat-by-seat events for a proposed "Coffee with Candidates" to avoid potential Sunshine Law violations; the board discussed the guidance at its Oct. 15 meeting and noted the Florida Election Commission enforces complaints but does not provide advisory opinions.
The Heritage Pines Community Development District Board discussed District Counsel’s written response about a proposed "Coffee with Candidates" event at its Oct. 15 regular meeting.
Vice Chair Arthur Rhodes said "our guy" would not attend because of the interpretation of the campaign and Sunshine Rules. District Manager Chuck Adams opened the discussion and Chair Kathleen Lonergan read aloud Counsel’s recommendation: "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." Lonergan also noted that the Florida Election Commission enforces complaints but "does not give advice or opinions."
Board members exchanged views on whether to hold a workshop and referenced differing opinions from HPCA counsel versus District Counsel and portions of the Florida Statute. No formal action was taken; the board did not vote on sponsoring the event or adopt formal event rules during the meeting. The item remains at the discussion stage pending any decision by individual supervisors to hold separate candidate events.
