HBCDD Rules on Campaign Picketing

Published September 9, 2022 | By Tim Nargi

Harbor Bay CDD has specific rules on Campaign picketing.  The Florida Statute 106.15 and HBCDD 7-2104 was not adhered to the last election and in the past. When it was brought to the attention of past boards they ignored it.

I have brought this up on another social media platform about the use of CDD spaces and campaign paraphernalia left in the clubhouse (illegal acts) and as expected; those that broke the rules, and its always the same ones, went straight to making excuses for why they broke the rules and then started a mud slinging tirade when called out for their illegal acts.

The bottom line is simple;  No one can campaign on CDD property unless they pay the going rate to rent out a space, anything less is theft from the people of Mira Bay and is also punishable by The Florida Election Commission.

As you are all aware, we the Board represent the Residents and not the candidates and need to uphold these laws.  If the candidates have any questions regarding their legal rights as a candidate, they should contact an attorney of their choosing.

Here is a link to the Statute the CDD attorney has provided as guidance.

https://www.flsenate.gov/Laws/Statutes/2022/0106.15

 

Here is Resolution 7_2014

Harbor Bay Community Development District Standard for Campaign Picketing

(Adopted July 24, 2014)

 

1.Generall; Purpose: The Harbor Bay Community Development District (“District“) was created pursuant to the provisions of Chapter 190, Florida Statutes and was established to provide for the

Ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these standards (“Standards“) is to establish a set of guidelines for campaign picketing (“Picketing“) and rental of District facilities for political purposes (“Rental“). The purpose of these standards is to develop a uniform set of regulations whereby all persons within the District will have equal access to certain District property in order to

peaceably express their opinions without interference to the rights of other residents, while at the same time protecting and promoting the health, safety and welfare of District patrons and the residential character of the community.

 

  1. Picketing

 

  1. Picketing shall be conducted peacefully and for the promotion of lawful purposes, and may include the wearing of campaign accessories; distribution of flyers, buttons, and other political advertising information; and other activities within the general meanii1g of

the term “picketing.”

  1. Picketing shall be conducted only on sidewalks normally used or reserved for pedestrian

movement, and, for safety reasons, shall not be conducted on a portion of any street used primarily for vehicular traffic. Additionally, in no event shall any picketing obstruct or disrupt pedestrian traffic or otherwise be contrary to state or local laws governing the use of sidewalks. Large numbers of residents that picket and would interfere with sidewalk traffic should arrange for rental of a District facility (per below).

  1. In order to maintain the residential character of the community, Picketers shall refrain

from the promotion of obscene, vulgar, or sexually explicit material.

 

 

3. Use of Amenities; Rental:

 

  1. The District’s amenities are not eligible to be used for Picketing purposes, except to the extent that the District otherwise allows for Rental of the amen Stated another way, the Rental of all District facilities shall be conducted under the same rules and regulations regardless of purpose, and in all cases is subject to availability.
  2. In agreeing to the Rental of District facilities, the renter agrees to abide by all of the rules,

policies, and procedures in place for such Rental regardless of the purpose for the Rental.

  1. Subject to the terms of the District’s rules and policies governing rentals, all renters of District facilities shall be treated equally.
  2. Compliance with Laws. All Renters and those participating in Picketing shall conduct their respective activities in accordance with law. Among other requirements, Renters and those participating in Picketing shall comply  with Section  106.15(4), Florida Statutes governing the solicitation and acceptance of donations.

 

  1. Severability. If any section, paragraph, clause or provision of this policy shall be held to be invalid or ineffective for any reason, the remainder of this policy shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this policy would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision.

 

  1. Reservation of Rights. The District reserves the right to suspend, modify or revoke the application of any of the Standards in this policy as the District’s Board deems necessary in its sole discretion to comply with legal mandates, to accommodate the primary purpose of this policy, or otherwise to further serve the best interests of the District.