News Reedy Creek Improvement District and the Central Florida Tourism Oversight District

[LAKid53]

Only that she isn't on the court this moment. Barring something unforseen why wouldn't she take it? A terrific career move for her.

She's currently the chief judge for the 6th DCA. Perhaps waiting for a case she's sitting to conclude?

There are no oral arguments currently for June. The FL Supreme Court typically sits August through June.

 

[LAKid53]

I’m just glad we have Garcia there inventing urban planning right before our eyes.

Aungst is the board member with a land-use law practice. Maybe he's providing free counsel to Garcia.

 

[seascape]

The District is responsible for land use regulations. Hiring an urban planner is absolutely something the District should being doing. It is not in itself a smoking gun or harm as you falsely keep claiming. Reedy Creek Improvement District hired urban planners and experience was required for some of the zoning commissioners.

And you’re just wrong about what triggers personal liability. Zoning is at times contrary to the desires of property owners and potentially detrimental to their interests. That’s not new, it should not be illegal and definitely should not trigger personal liability.

Unless it is done to retaliate against one property owner and harms others. Zoning changrd can and should be done at timrs but all the land within WDW is what most people believe and want a vacation bubble. For years it has been advertised as a vacation kingdom. For DeSantis to want to change this and claim it is only to put Disney under the same laws as Universal and then allow Universal to have a new special district also shows this whole fight is designed to harm Disney.

 

[castlecake2.0]

Still curious where this housing would go. Where does the district own enough land to do that?

 

[LAKid53]

Garcia keeps talking about zoning law changes and low incoming housing. He needs to understand WDW is a vacation area that people visit to escape reality. Do people on an extremely expensive vacation want a low income housing project next to their $600 a night or more hotel? No. If you doubt this look at how long Asbury Park NJ had tried to redevelop and the mistakes they made.

I'm sure those in neighborhoods circling WDW feel the same.

 

[LAKid53]

Under Garia, the CFTOD hired a zoning "expert" to look into changes for low income housing. If as you claim this is BS, then he is liable for the wasted money billed to the taxpayers. His legal responsibility is to do what is best for the district and therefore he would not be following the law and his legal responsibilies. Therefore he can be held personally liable along with the other Board members who voted to hire the expert. Plus if they did make changes which can be proven were done to harm property owners solely to punish Disney, they can also be held personally liable. The law protecting them for doing their jobs does not protect them from any action they take while on the Board, only what is reasonable.

Incorrect. The Board has the authority to develop land use regulations. Local governments routinely look at land use and zoning regulations, many times at the behest of a developer or business (think Amazon).

There's a concept in law called agency. Board members serve as agents of the local government - OCTOD - and thus have the legal authority to act on behalf of the District. As long as a member is acting in his/her official capacity, they aren't necessarily personally liable for actions taken. What they CANNOT DO is:

- Enrich themselves at the expense of the appointing authority.
- Transfer the principal or company’s properties to themselves.
- Carry out actions for the appointing authority that they haven’t been granted permission to perform.

No one on that Board is an expert in that area. The District's Advisory Planning Board members are now the members of the Board of Supervisors. Perhaps firing the "experts" wasn't a good idea.

 

[JoeCamel]

Still curious where this housing would go. Where does the district own enough land to do that?

Median of World Drive........

 

[LAKid53]

Still curious where this housing would go. Where does the district own enough land to do that?

Good question.

 

[LAKid53]

CFTOD board members aren't getting paid either, and I'm sure the per diem sucks.

If it's the same as the state's:

Breakfast: $6
Lunch: $11
Dinner: $19
44.5 cents per mile
Reasonable hotel at single occupancy rate

Or $80 a day.

However, if his official headquarters are Orlando, he doesn't get per deim to travel to Tally to visit the wife.

"(4) OFFICIAL HEADQUARTERS.—The official headquarters of an officer or employee assigned to an office shall be the city or town in which the office is located..."

 

[Figgy1]

Still curious where this housing would go. Where does the district own enough land to do that?

Unless they try and use eminent domain to steal a hotel or 3

 

[LAKid53]

Unless they try and use eminent domain to steal a hotel or 3

The state has to provide a justification for seizing property through eminent domain. And provide fair compensation. Furthermore, if there are leases associated with the property...think those of us who are DVC members with a condomized leasehold...that complicates the process.

 

[mikejs78]

Zoning is at times contrary to the desires of property owners and potentially detrimental to their interests. That’s not new, it should not be illegal and definitely should not trigger personal liability.

Carry out actions for the appointing authority that they haven’t been granted permission to perform.

But isn't there a case for that here? The districts charter is still about promoting tourism, and zoning is supposed to be done based on the interests of the land owners - it's in the new charter. So how does affordable housing fit.wktj that authority, as well as such things as COVID regulations?

 

[lazyboy97o]

But isn't there a case for that here? The districts charter is still about promoting tourism, and zoning is supposed to be done based on the interests of the land owners - it's in the new charter. So how does affordable housing fit.wktj that authority, as well as such things as COVID regulations?

The motivation is separate from the claims that there are inherent problems with just the act of hiring an urban planner or that certain actions trigger personal liability. A government involved in land use should consult professionals. A government can make zoning decisions an owner doesn’t like and does not take on personal liability for doing so, whether that is generally or in the specifics of the District.

The argument for affordable housing from the perspective of promoting tourism is easy to make. You need a workforce to support year-round tourism and tourism wages have not kept pace with the cost of housing. Both Universal and Disney have already initiated projects so they too recognize the relationship.

 

[LAKid53]

But isn't there a case for that here? The districts charter is still about promoting tourism, and zoning is supposed to be done based on the interests of the land owners - it's in the new charter. So how does affordable housing fit.wktj that authority, as well as such things as COVID regulations?

Can you cite the section of the new charter that states such? The Charter clearly provides the Board the authority to enact zoning regulations, even if said regulations conflict with Orange and Osceola Counties.

SB 252, signed into law by the governor on 5/11/2023, prohibits both government and businesses from mandating mask coverings or requiring proof of vaccination:

"(3)(a)(1) A business entity, as defined in s. 768.38 to include any business operating in this state, may not require any person patrons or customers to provide any documentation
certifying COVID-19 vaccination with any vaccine defined under subsection (2) or postinfection recovery from COVID-19, or require a COVID-19 test, to gain access to, entry upon, or service from the business operations in this state or as a condition of contracting, hiring, promotion, or continued employment with the business entity."

"(5)(a) A business entity or governmental entity may not
require a person to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose. A business entity or governmental entity may not deny any person access to,e ntry upon, service from, or admission to such entity or
otherwise discriminate against a person based on such person’s refusal to wear a face mask, a face shield, or any other facial covering that covers the mouth and nose."

 

[GoofGoof]

Sigh. Now everyone wants to argue for the sake of arguing. His wife is being appointed to the state Supreme Court. He was being sued in his capacity as supervisor of CFTOD. He is removing himself as a potential conflict of interest. It's as simple as that. Put another way, the husband of a state Supreme Court Justice was being sued by Disney.

It’s ok that we disagree. In no way would I think it was acceptable for his wife to not recuse herself if this comes before the FL Supreme Court. His resignation is meaningless for that. She still has to recuse herself so why would he need to resign? His resignation does nothing to resolve her conflict of interest. I don’t know the guy personally, but I assume if he is relocating to Tallahassee (as someone else said) that would be a much more likely reason to resign.

 

[LAKid53]

The motivation is separate from the claims that there are inherent problems with just the act of hiring an urban planner or that certain actions trigger personal liability. A government involved in land use should consult professionals. A government can make zoning decisions an owner doesn’t like and does not take on personal liability for doing so, whether that is generally or in the specifics of the District.

The argument for affordable housing from the perspective of promoting tourism is easy to make. You need a workforce to support year-round tourism and tourism wages have not kept pace with the cost of housing. Both Universal and Disney have already initiated projects so they too recognize the relationship.

And if one wants to take the government's ability to make zoning decisions that a property owner doesn't like...or eminent domain...to the extreme, only need to look at SCOTUS' decision in Kelo v New London. In which the majority ruled that the acts of the City of New London didn't violate either the 5th Amendment's Taking Clause or the 14th Amendment's Due Process. Furthermore, the decision interpreted "public use" as "public purpose"...and not for the first time.

 

[GoofGoof]

I think that's merely a thinly veiled attempt to get people on the left to denounce low income housing projects so that they can then have a "look how hypocritical they are, they don't actually want low income housing" and "if it's good enough for my city, it's good enough for Disney's" moment. I doubt there's any serious consideration being given to that idea.

So basically lets waste everyone’s time…..again. I 100% agree that the people pushing this care nothing about providing affordable housing.

 

[LAKid53]

It’s ok that we disagree. In no way would I think it was acceptable for his wife to not recuse herself if this comes before the FL Supreme Court. His resignation is meaningless for that. She still has to recuse herself so why would he need to resign? His resignation does nothing to resolve her conflict of interest. I don’t know the guy personally, but I assume if he is relocating to Tallahassee (as someone else said) that would be a much more likely reason to resign.

His resigning removes the conflict. He is no longer a member of the Board and would not be if...and when...an appeal reaches the Florida Supreme Court.

 

[GoofGoof]

His resigning removes the conflict. He is no longer a member of the Board and would not be if...and when...an appeal reaches the Florida Supreme Court.

He directly took part in the decision to file the lawsuit. He voted yes to go forward with it. If the lawsuit was filed after he resigned I would agree that his former involvement on the board doesn’t automatically create a conflict of interest for her, but she should not rule on a case where her husband initiated the claim.

 

[Touchdown]

IT DOES NOT MATTER

1. Any federal case trumps a state case
2. As Disney has already filed, the legislation makes this case moot. It was filed to allow the new board to not honor a previous contract, the legislation provides for this thus its moot. The relief the plaintiffs seek has already been provided.