lazyboy97o
Well-Known Member
This assumes the legislation applies to Reedy Creek Improvement District.
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News Reedy Creek Improvement District and the Central Florida Tourism Oversight District
- Thread starter castlecake2.0
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The answer is likely a little more nuanced, hence the uncertainty. The governor doesn't control the legislature which has been in the drivers seat creating the laws. To argue that that the collective of the legislature violated Disney 1A rights or conspired to deny their 1A rights, especially when everything said publicly has been used to apply to all special state created districts not specifically Disney, becomes very complicated.
The problem is that you can ask 100 different lawyers this questions and likely get 100 different answers. Ultimately it will be if Disney decides it's worth the effort to pursue this, which in and of itself is by no means a guarantee of success.
Of course the smart thing to do would be to negotiate.....or beg.
JohnD
Well-Known Member
I keep thinking it ends on 6/30/23, which is the end of Florida's fiscal year. It doesn't. It ends 6/1/23. Therefore, FIFW:
If there's no replacement for RCID on June 2, 2023, then everything reverts to the two counties WDW spans to provide the services RCID used to.
Disstevefan1
Well-Known Member
I don’t know, but the state dissolved RCID out of thin air apparently.
JohnD
Well-Known Member
And the state created the special district out of thin air. It's amazing how legislative bills work.
RCID is a state created district. What the State creates it can take away.
Disstevefan1
Well-Known Member
We have our answers. How can they do it? They can because they can.
JohnD
Well-Known Member
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JohnD
Well-Known Member
We're in agreement then. Exactly.
RCID allows Disney to bypass some or all of the process that others would be subject to.
Unless of course the legislature takes action. Which is what this bill appears to do.
Ultimately the State has the power to implement any type of change they see fit so long as it adheres to the Florida Constitution. And if that got in the way, the legislature could amend the Florida Constitution.
JohnD
Well-Known Member
I doubt they would amend the Florida Constitution. The bill repealing the RCID and other special districts is because they were created prior to the 1968 Florida Constitution. (Yes, I know this is what the bill technically does and is not the real reason the RCID was repealed effective 6/1/23.) Whatever is crafted will conform to the 1968 FL Constitution.
lazyboy97o
Well-Known Member
Multiple representatives have publicly acknowledged and admitted to the reasoning. Representative Fine admitted to the purpose during the course of the special session.
The legislature previously determined that it could not do what it did. That the process would not be easy and would require a delicate, drawn out process. The process the state established was not followed, there is still a state law on the books stating that the dissolution does not apply to the Reedy Creek Improvement District.
What state requirements does Disney bypass? Give us specifics.
GoofGoof
Premium Member
The state can take it away….but there does not appear to be a legal path forward to require TWDC to pay for the services that are now provided by the special district. The real rub here is Disney was paying more than their fair share in taxes in exchange for a level of control over the quality of services provided. If you take away the control you also take away the payments. The debate is not whether the state can legally dissolve a special district.
JohnD
Well-Known Member
I'm sure we'll see that debate unfold during the FL Session. Will be interesting!
Which ones? Was it all of them? The major problem is that the actual text of the law does not distinguish or specify Disney. The 1A challenge is Disney's only viable option, which may or may not get them anywhere. They can try to argue that it is targeted towards Disney, but now you're arguing individual lawmaker's intent versus the what was actually codified into law that more than one individual voted on.
The process is not easy, but not because the legislature didn't have the authority to do what they did. The process is messy because they can't just their fingers and shut it down. There are lingering issues that need to be addressed to ensure that other state laws are not broken in the dissolution.
Example, USO had to had to appear before the OC Board of Supervisors and Orlando zoning authority in order to get master plan passed so that they get the suitable zoning regulations in area around Epic to facilitate the expansion they needed and wanted.
Since RCID assumes that responsibility and Disney essentially controls the boards within RCID, that process is expedited or skipped entirely. When Disney redeveloped the Springs, other than SFWMD and the State DOT (Interchange) they had no zoning obstacles.
mikejs78
Premium Member
On it's face, the legislature can take away RCID (1A issues aside). However what's less clear is if they can create a state-run district with taxing authority without the consent of the landowners.
If this were simply a matter of removing the district and having everything revert back to the counties, that would be less of an issue from a legislative perspective. But that would put all the debt of RCID on the taxpayers of Orange and Osecloa counties, which would be politically unpalatable. So now he's left with moving stuff around to try to avoid that, and I'm not sure establishing this new district or altering it's charter to create a scheme where taxation without representation of the taxed will fly.
As far as amending the constitution, that's extremely unlikely as it requires 3/5 of both houses to even propose an amendment. The GOP has that in the house, but not the Senate, so they'd need a couple of Democrats to join in order to propose an amendment. Then it would need 60% of the voters to agree.
Dranth
Well-Known Member
Sure, dissolving it is one thing. How they went about it is questionable but, in the end, they could go back and produce more air tight legislation that allows them to remove the district or even stick with what they have and fight it out in court. Even if they lost there, they can just go back and pass something else that will accomplish the same goal. In the end, yes, one way or another they can eventually remove RCID if they really want it gone.
What they can't do is force Disney or any other residents into a new special district where they will have an additional special tax applied to them. Not without some serious contorted logic that would need to somehow survive the judicial system at both the state and the federal level.
So, if Florida is still going to dissolve RCID and legally can’t force/target someone to pay extra taxes, then we are back to two local counties, getting no additional tax income, having to pick up the bill going forward for all services RCID once provided while the state of Florida, who guaranteed RCID bounds, will be on the hook to pay current outstanding debt.
bpiper
Well-Known Member
Here you go:
Gov. Ron DeSantis wants Florida lawmakers to strip Disney World of its self-governing powers and put the state in charge of the Reedy Creek Improvement District.
A notice published on Osceola County’s website on Friday states that lawmakers will take up legislation “increasing state oversight, accountability, and transparency” of the district, which gives Disney quasi-government control over its theme park properties in Florida.
The Legislature and DeSantis dissolved Reedy Creek last year amid Disney’s dispute with the governor over what critics call the “don’t say gay” bill.
“The corporate kingdom has come to an end,” said Taryn Fenske, a DeSantis spokeswoman. “Under the proposed legislation, Disney will no longer control its own government, will live under the same laws as everyone else, will be responsible for their outstanding debts, and will pay their fair share of taxes. Imposing a state-controlled board will also ensure that Orange County cannot use this issue as a pretext to raise taxes on Orange County residents.”
State Sen. Linda Stewart, D-Orlando, said she’s concerned putting the state in charge of the district could have major implications for Central Florida by disrupting Disney’s business operations, a major employer and economic engine for the region.
“We really don’t know the direction,” she said. “It sounds to me from that quote [DeSantis] is doubling down 100%. He is not even discussing a compromise.”
Disney and the Reedy Creek Improvement District did not respond to requests for comment.
Senate President Kathleen Passidomo, R-Naples, described the notice as a procedural step that “starts the legally required timeframe necessary to move forward with developing a local bill to end the self-governance of The Walt Disney World Co., while protecting local taxpayers from Disney’s debts.”
A bill hasn’t been filed in the Legislature. Osceola County posted the notice as a courtesy to state Rep. Fred Hawkins’ office, county spokesman Mark Pino said. Hawkins, R-St. Cloud, did not return a message seeking comment.
Reedy Creek, which encompasses Disney World and neighboring properties, has the power to issue tax-free bonds, levy taxes, oversee land use and environmental protections and provide essential public services.
Reedy Creek is overseen by a five-member Board of Supervisors. As the primary landowner, Disney gets to select who sits on the board.
The notice mentions removing and revising the district’s powers; increasing state oversight, accountability, and transparency; revising the selection process, membership qualifications, and compensation for the governing body; ensuring debts and bond obligations held by the district remain with the district and are not transferred to other governments; revising the district’s regulatory framework and structure; and instituting reporting requirements, including a review of the district’s remaining powers.
Last year, the Florida Legislature voted to abolish Reedy Creek effective June 1, 2023, but left open the possibility of reconfiguring the district. DeSantis then said he wanted to put state appointees on the board while ensuring that Disney would continue to pay the taxes needed to maintain services for its theme park and resort properties.
DeSantis clashed with the Walt Disney Co. over its opposition to HB 1557, officially titled Parental Rights in Education but known as the “don’t say gay” law by critics. That law prohibits classroom instruction on sexual orientation or gender identity for grades kindergarten through three or in a manner that is not “age appropriate.”
DeSantis blasted Disney as a “woke” corporation, and Disney halted its political giving in Florida.
With Republicans holding solid majorities in the House and Senate, DeSantis hasn’t had any problems getting his priorities through the Legislature. Lawmakers will kick off their regular session in March.
The move came on the same day DeSantis transformed the Board of Trustees for the New College of Florida, installing six new members to oversee the small liberal arts college in Sarasota. One of the appointees is Christopher Rufo, a conservative writer and activist who has fueled battles against critical race theory.
News Service of Florida contributed to this report.