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Heritage Pines CDD directs review of "Coffee With Candidates" after Sunshine Law concerns
Summary
The Heritage Pines Community Development District board voted Sept. 17 to have the district manager and counsel review an HPCA-hosted "Coffee With Candidates" event amid questions about whether board members’ attendance and candidate materials could violate Florida’s Sunshine Law.
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The Heritage Pines Community Development District board voted unanimously Sept. 17 to direct the district manager to review the implications of an upcoming "Coffee With Candidates" event and asked District Counsel to provide a legal opinion on whether the event could violate the Florida Sunshine Law.
Vice Chair Arthur Rhodes raised concerns that the Heritage Pines Community Association (HPCA) had scheduled the Oct. 9 event and circulated candidate bios. Rhodes asked who instructed HPCA staff to schedule the event and said the presence of multiple CDD board members at a candidate-focused gathering could create a Sunshine Law issue. "I asked who instructed Ms. Norton to schedule the CDD candidate event," Rhodes said during the discussion.
HPCA General Manager Herb Hurley told the board the candidates requested the event so they could be known as CDD board candidates; Hurley declined further discussion and said the matter should be handled by attorneys. Mr. Chuck Adams, the district manager, said he will ask District Counsel to prepare a memorandum and reminded board members not to reply to related emails. The board approved the direction to staff and counsel on a motion by Mr. Rhodes, seconded by Ms. Vaughan.
Rhodes also summarized statements submitted by candidates, quoting Mr. Steele that the campaign was about "necessary changes from current direction, priorities and results," and noting other candidates described aims to "work together to enhance the community" or to address perceived discord between the CDD and Heritage Pines. The board asked counsel to clarify what attendance or actions by sitting board members are permissible so future participation cannot be interpreted as pre-decisional or a prohibited gathering under state law.
The matter will return to the board after counsel and the district manager report their findings.
