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CDD board orders legal review after debate over 'Coffee With Candidates' event

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

The Heritage Pines CDD added an Oct. 9 "Coffee With Candidates" item and then directed its manager and district counsel to review whether the HPCA's scheduling and candidate materials raised Sunshine Law concerns; the board approved the legal review unanimously.

The Heritage Pines Community Development District board voted Sept. 17 to ask the district manager and district counsel to review an Oct. 9 "Coffee With Candidates" event after questions about whether the homeowners association's involvement could run afoul of the Florida Sunshine Law.

Vice Chair Arthur Rhodes raised the issue after staff circulated a memo and candidate bios for Mr. Steele, Mr. Putman and Mr. Kleeman. Rhodes said the candidate materials "raise serious problems in the relationship between the HPCA and the CDD" and asked who instructed association staff to schedule the event. District staff said the candidates requested the event so they could become known to residents, but HPCA General Manager Herb Hurley declined to discuss the matter further and suggested attorneys should handle the issue.

The board adopted a motion directing the District Manager to "review the implication of the outside candidates as to the alleged hostile relationship" described by one candidate and directed District Counsel to provide a legal opinion. The motion, made by Mr. Rhodes and seconded by Ms. Vaughan, was approved with all in favor.

The discussion included potential Sunshine Law constraints on sitting board members: the district manager reminded supervisors that board members cannot attend certain meetings together when topics could later come before the board and that a recently elected supervisor who has not yet been seated may be subject to the Sunshine Law in some circumstances. The board also noted the event had been added to the agenda at the meeting as a late item and agreed to seek counsel guidance before further action.