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Counsel advises separate candidate events; board weighs Sunshine Law and Election Commission limits

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

District Counsel recommended incumbents arrange separate events by seat to avoid potential Sunshine Law issues; the board discussed differing legal views and noted the Florida Election Commission enforces complaints but does not provide advisory opinions.

Board members discussed District Counsel's written response about a proposed "Coffee with Candidates" event. Vice Chair Arthur Rhodes said "our guy would not attend" if the event risks violating campaign and Sunshine rules. Chair Kathleen Lonergan read District Counsel's email aloud: "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."

Board members compared District Counsel's guidance with the HPCA attorney's differing opinion and noted that questions about enforcement could be directed to the Florida Election Commission, which enforces complaints but does not provide advisory opinions. No formal action was taken; the counsel guidance was accepted as the advisory position for the district and members discussed options for structuring candidate outreach to avoid potential violations.