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Counsel warns of Sunshine Law risks; board advised to hold separate 'Coffee with Candidates' events

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

District Counsel told Heritage Pines supervisors incumbents should ensure election-code compliance and consider separate seat-specific events to avoid potential Sunshine Law violations; the board discussed differing legal opinions and whether to direct questions to the Florida Election Commission.

District Manager Chuck Adams opened discussion of District Counsel's written response about a proposed "Coffee with Candidates" event, and Chair Kathleen Lonergan read Counsel's advice aloud to the Board.

Lonergan read that counsel recommended incumbents "ensure compliance with the election code" and "arrange separate events per seat to avoid any potential Sunshine Law violations." Vice Chair Arthur Rhodes said, "our guy" would not attend under that interpretation. Board members noted the HPCA attorney offered an opinion that differed from District Counsel's and debated whether some of the questions raised belong with the Florida Election Commission, which enforces election complaints but does not issue advisory opinions.

The exchange left the Board with a practical path forward: organizers should plan separate events by seat if incumbents participate, and questions about enforcement would be directed to the Florida Election Commission or the applicable election authorities. The Board did not adopt a formal policy at the meeting.