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Counsel advises separate seat events for 'Coffee with Candidates'; board weighs Sunshine-law risk

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

District Counsel advised that incumbents should arrange separate events for each seat to avoid possible Sunshine Law violations; Chair read the counsel email and board members noted the HPCA attorney had a differing view and that some questions raised belong with the Florida Election Commission.

District Counsel advised the Heritage Pines board that incumbents interested in participating in a proposed Coffee with Candidates event should ensure compliance with the election code and consider arranging separate events by seat to avoid potential Sunshine Law violations. Chair Kathleen Lonergan read the counsel 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 discussed the guidance. Supervisor Arthur Rhodes said "our guy" would not attend under the counsel interpretation, and other members noted the HPCA attorney had given a different opinion. The board also observed that the Florida Election Commission enforces complaints but does not issue advisory opinions, so some of the substantive questions raised may need to go to that agency for enforcement.