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Heritage Pines supervisors request legal review of 'Coffee With Candidates' over Sunshine Law concerns

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

Board members asked District Counsel and the manager to review whether an HPCA‑organized "Coffee With Candidates" event and attached candidate bios could violate Florida’s Sunshine Law; the board voted unanimously to request a legal opinion and a manager review of potential impacts on CDD contracts and relationships.

Kathleen Lonergan, Chair of the Heritage Pines Community Development District Board of Supervisors, presided as the board added a late agenda item to discuss an HPCA‑organized "Coffee With Candidates" scheduled for October 9, 2024. On a motion by Supervisor Michael Walsh, seconded by Janice Benedetti, the board agreed to take up the item and then discussed whether the HPCA's role and attached candidate bios created an improper interaction with the CDD.

Vice Chair Arthur Rhodes said he was troubled by the memo and candidate materials distributed by HPCA staffer Kim Norton and asked who instructed Norton to schedule the event. Rhodes raised a Sunshine Law concern, including whether the presence of multiple sitting or incoming CDD supervisors could create a prohibited meeting; Herb Hurley, HPCA General Manager, said the candidates requested the event and declined to discuss the matter further. Rhodes relayed the candidates' stated reasons for running, including what he said were Mr. Steele’s call for “necessary changes from current direction, priorities and results,” Mr. Putman’s aim to “work together to enhance the community,” and Mr. Kleeman’s observation of “discord between the CDD and Heritage Pines.”

The board voted unanimously on a motion by Rhodes, seconded by Carol Vaughan, directing the District Manager to review implications of outside candidates on contractual relationships and directing District Counsel to prepare a legal memorandum on Sunshine Law risks and related issues. District Manager Chuck Adams said he will ask District Counsel for a written opinion and reminded board members not to reply to the underlying email thread. The motion was approved "with all in favor."