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

mikejs78

Well-Known Member
There is a new Motion for Summary Judgement in the CFTOD vs. Disney case.


I'm still not clear on how the district even has standing around any of these issues. For all intents and purposes, they are the successors to the party (RCID) that allegedly did not follow the procedures. My understanding is only the supposedly injured parties - the landowners or the municipalities - would have standing to sue on these matters.
 

Surferboy567

Well-Known Member
DeSantis once said that the “most important thing” is that Disney has not “made a peep” after his act of retaliation. For me, a settlement would leave a bad taste in my mouth.

Our First Amendment rights are far more important than some land development.
That is true but it’s also worth noting this is more then just land development on the line.

I do agree though a settlement may not be the best course of action.
 

JAB

Well-Known Member
Doesn’t need to go though the state first judging by how the motion to dismiss was denied?
There are two separate lawsuits that have been filed - one at the federal level and one at the state level.

Disney filed their lawsuit in federal court based on their assertion that the FL government's action violate the US constitution (a lawsuit can be filed directly in federal court if it relates to federal law). The CFTOD then later filed their own lawsuit against Disney in FL state court claiming the development contract Disney signed with RCID was not legally executed.
 

Wendy Pleakley

Well-Known Member
So, hypothetically, if the courts rule in a way that says yes, Florida can take over RCID as they have done.

Can Disney then remove themselves from the arrangement completely? Can they say that since they no longer hold decision making process they want to pay the same tax rate other companies do?

So messy.
 

lazyboy97o

Well-Known Member
So, hypothetically, if the courts rule in a way that says yes, Florida can take over RCID as they have done.

Can Disney then remove themselves from the arrangement completely? Can they say that since they no longer hold decision making process they want to pay the same tax rate other companies do?

So messy.
Disney cannot remove themselves from the situation. If they lose they are stuck.
 

MrPromey

Well-Known Member
...

Disney has already been signaling they don't really want this fight.
Lill' ol' Bob C. was signaling that before the fight even began.

His public timidness around the whole thing is probably what made DeStantis think he could come in and run ruck shot over them to begin with.

I think DeSantis thought he'd found an easy target.
 
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flynnibus

Premium Member
So, hypothetically, if the courts rule in a way that says yes, Florida can take over RCID as they have done.

Can Disney then remove themselves from the arrangement completely? Can they say that since they no longer hold decision making process they want to pay the same tax rate other companies do?

So messy.

Lots of messy overlap in your statement.

1) Disney didn't directly hold decision making in the first place
2) The landowners can't nullify an existing special district on their own - so in short... no they can't just nope out.
 

seascape

Well-Known Member
Lots of messy overlap in your statement.

1) Disney didn't directly hold decision making in the first place
2) The landowners can't nullify an existing special district on their own - so in short... no they can't just nope out.
The Florida legislature already cancelled the RCID. They then repealed that law and passed a new one to harm Disney. The Federal Court clearly will decide the second bill is an unconstitutional bill designed to harm Disney. At that point the Federal Judge will ask Florida if they want all of the second bill declaired unconstitional or only the part changing the RCID to the CFTOD. Unless the Florida lawyers are stupid they will ask the Judge to only eliminate the second part of the bill.
 

Wendy Pleakley

Well-Known Member
Disney cannot remove themselves from the situation. If they lose they are stuck.

They can do things like cancel that employee campus. They probably would have anyway, but in general, they can reduce investment in Florida.

Many conventions are already pulling out. I'm sure Disney could contribute that by not hosting conventions themselves.

There'd be an element of hurting themselves to spite Florida, but they have the deep pockets and the ability to do so. Simply saying that investing in California is the better option would send a warning for the future.
 

DCBaker

Premium Member
That's nice of you to post, but I could use a "Reader's Digest" version.

Here's the Orlando Sentinel's take on the motion.

"Gov. Ron DeSantis’ tourism oversight district asked a state judge Tuesday to rule in its favor against Disney, a day after the governor said he has moved on from his feud with the entertainment giant.

The courts should declare development agreements limiting the tourism board’s authority over Disney World’s future development null and void, lawyers for the Central Florida Tourism Oversight District wrote in a motion for summary judgment.

The legal battle involves a special taxing district, formerly known as the Reedy Creek Improvement District, that oversees government services for Disney World. For years, Disney controlled that district and elected its board members.

But earlier this year, the Legislature put DeSantis in charge of picking the board members. He then replaced the Disney-friendly board members with five of his Republican allies, vowing to end Disney’s special government arrangement in Florida.

But when the new DeSantis-appointed board took over, it discovered the previous Reedy Creek board had approved agreements preserving Disney’s control over growth and development

The new board declared the agreements limiting its authority void and asked the courts to uphold their decision.

In the court filing, the district’s lawyers say the previous Disney-friendly Reedy Creek board failed to follow the state’s public notice requirements for development agreements and made other procedural missteps. In particular, Reedy Creek did not mail notices to affected property owners, they wrote.

The filing also accuses Reedy Creek of unlawfully delegating its governmental powers to Disney.

Disney did not immediately respond to a request for comment."

 

mmascari

Well-Known Member
Disney cannot remove themselves from the situation. If they lose they are stuck.

2) The landowners can't nullify an existing special district on their own - so in short... no they can't just nope out.

What is the normal process to dissolve a special tax district?

Any district, not just RCID. But, if the people in one of the others decided that district no longer served it's purpose. What's the process they would need to do to dissolve the district?

(I don't think Disney would want to dissolve the district anyway. Just wondering what the process would be.)
 

JohnD

Well-Known Member
What is the normal process to dissolve a special tax district?

Any district, not just RCID. But, if the people in one of the others decided that district no longer served it's purpose. What's the process they would need to do to dissolve the district?

(I don't think Disney would want to dissolve the district anyway. Just wondering what the process would be.)
An Act of the Legislature.
 

mikejs78

Well-Known Member
An Act of the Legislature.
Followed by a vote of the residents/landowners. Normally it's not just an act of the legislature.

(a) In order for the Legislature to dissolve an active independent special district created and operating pursuant to a special act, the special act dissolving the active independent special district must be approved by a majority of the resident electors of the district or, for districts in which a majority of governing body members are elected by landowners, a majority of the landowners voting in the same manner by which the independent special district’s governing body is elected.
 

Cliff

Well-Known Member
What is the normal process to dissolve a special tax district?

Any district, not just RCID. But, if the people in one of the others decided that district no longer served it's purpose. What's the process they would need to do to dissolve the district?

(I don't think Disney would want to dissolve the district anyway. Just wondering what the process would be.)
Has one ever been "completely" disolved be the state in the past? I suspect that nobody wants that to happen here.

Also...do the land owners have any say in it?...or does the state have full authority by themselves to create or dismantle these districts at will?
 

Sirwalterraleigh

Premium Member
Has one ever been "completely" disolved be the state in the past? I suspect that nobody wants that to happen here.

Also...do the land owners have any say in it?...or does the state have full authority by themselves to create or dismantle these districts at will?
These entire things are ambiguous…that’s part of the problem

Which is why believing in a “reset” in a different time and space is not realistic
 

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