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

[lazyboy97o]

I think this is probably Disney's win behind the scenes.

It all looks like a complete governmental win today and quietly, most of the shielding will occur moving forward with the new comprehensive plan and developmental agreement. But this time both quietly and with the governor's silent approval.

Sort of the DisneylandForward strategy. Wait it out as opposed to fight it out. Something else clearly was agreed to behind the scenes, which the governor will never acknowledge. Even the shuffling of the board is evidence.

Except it’s not something that can happen behind the scenes. And why give up any reassurances? Disney and the district were always free to renegotiate the development agreement. They could have done that first which would have offered Disney protection until a new agreement was reached. Now, if a new agreement is not reached then Disney has no recourse, the district can just unilaterally move forward as they desire.

 

[mkt]

Chatting with Miami/Tallahassee lobbyist & attorney.

The word up there is that this was entirely done so DeSantis wins on paper and saves face, while after all is said and done, Disney gets what they want: control (via a likely friendlier and more competent board)

 

[flynnibus]

The new development agreement has to come after the new comprehensive plan and any changes to the zoning regulations. I don’t think we should expect it any time soon because otherwise you largely get the agreement they just killed.

A development agreement locks in the existing regulations.

It doesn't have to. Plus, changes can still be made after a new Dev Agreement is in place by having the included processes approve such changes.

We know the Comp Plan has a statutory process of reviews and approvals it must go through. That will be a drawn out process simply due to its inherient bulk and overhead. But the Developer Agreement can be worded to embrace the pending changes they know are coming, or simply plan to amend the agreement.

Given both sides are in sync right now (we theorize), I would expect an arragement be entered before any updated Comp Plan is ready so they have a clear path to other work pending.

Given DeSantis' tone... I think they have a mutual understanding right now of getting the gates opened. How long that will last?? But this clearly is more than just hoping the future will be different... they have pieces in motion. Or Iger just punted WDW to save his own board room.

 

[Cliff]

My theory is... the back channel to DeSantis and his team finally got through and everyone started talking $$$ for Florida (and DeSantis' campers)

DeSantis' tone is obvious... this isn't something done without his direct involvement. This isn't a settlement with the district... this is a settlement with DeSantis' camp. Clearly DeSantis' comments are coming from first hand perspective of objectives and priorities.

Remember awhile back when the message was the parties wouldn't connect... yeah obviously that is old news and the power brokers, not the lawyers, finally had a meeting of the minds.

Someone should watch the political contribution spigot opening back up from Disney.

What do you (or anyone) make of DeSantis pointing his finger at "Burbank" specifically on this. He seems to suggest that Disney "Orlando" wasn't a problem for him but "Burbank" specifically was.

I thought it was odd that he tried to "separate" Disney "Burbank" from Disney "Orlando". Is it possible that Burbank was giving DeSantis the finger and at the same time "Orlando" management was sending him messages for an olive branch?

Or,..."Mr. DeSantis....we don't agree with Burbank either, we understand your complaints,..please go easy on us down here." In other words,...Disney was playing "good cop \ bad cop" on him?

I dunno,...I just wonder why he separates Disney into two camps like that.

I also do wonder what the back-channel talk has been like between "Burbank", "Orlando" and DeSantis to reach where we are today.

 

[BrianLo]

Except it’s not something that can happen behind the scenes. And why give up any reassurances? Disney and the district were always free to renegotiate the development agreement. They could have done that first which would have offered Disney protection until a new agreement was reached. Now, if a new agreement is not reached then Disney has no recourse, the district can just unilaterally move forward as they desire.

I think you are being naive if you don't think an agreement was already reached behind the scenes. This entire saga has been delineated by things the Florida governor 'can't' do. The entire criticism of the current district is they are a puppet organization for the governor. Unfortunately, Disney has capitulated downwards and the political machine that is America churns on...

If there is a part two to this saga, Disney is really no worse off and they can restart the federal suit. Though I think whatever has been agreed to means there is no part two.


As I said, expect a very silent and smooth development agreement post-mortem that demonstrates actual concessions for Disney.

 

[lazyboy97o]

It doesn't have to. Plus, changes can still be made after a new Dev Agreement is in place by having the included processes approve such changes.

We know the Comp Plan has a statutory process of reviews and approvals it must go through. That will be a drawn out process simply due to its inherient bulk and overhead. But the Developer Agreement can be worded to embrace the pending changes they know are coming, or simply plan to amend the agreement.

Given both sides are in sync right now (we theorize), I would expect an arragement be entered before any updated Comp Plan is ready so they have a clear path to other work pending.

Given DeSantis' tone... I think they have a mutual understanding right now of getting the gates opened. How long that will last?? But this clearly is more than just hoping the future will be different... they have pieces in motion. Or Iger just punted WDW to save his own board room.

The whole purpose of a development agreement is to prevent change. There’s no point in having one that allows zoning changes.

 

[lazyboy97o]

I think you are being naive if you don't think an agreement was already reached behind the scenes. The entire criticism of the current district is they are a puppet organization for the governor.

If there is a part two to this saga, Disney is really no worse off and they can restart the federal suit. Though I think whatever has been agreed to means there is no part two.


As I said, expect a very silent and smooth development agreement post-mortem that demonstrates actual concessions for Disney.

The development agreement has to be public record and has to be based on the development regulations. What you suppose is illegal. Any “concessions” have to exist in the status quo.

 

[ABQ]

more entertaining and less crusading…

With no time to read today's activity, this is the bit that needs to be highlighted over and over again.

 

[RamblinWreck]

Chatting with Miami/Tallahassee lobbyist & attorney.

The word up there is that this was entirely done so DeSantis wins on paper and saves face, while after all is said and done, Disney gets what they want: control (via a likely friendlier and more competent board)

I sure hope that is true

 

[BrianLo]

The development agreement has to be public record and has to be based on the development regulations. What you suppose is illegal. Any “concessions” have to exist in the status quo.

I get that. It will be public record and will be done legally.

I'm just saying Disney and Desantis have already pre-hashed it out. The rubber stamp committee will go through their motions after the fact.

Are you suggesting they have not had conversations on what changes they would like and whether he will fight it or not?

 

[TsWade2]

I think Disney decided to drop the lawsuit and make a settlement between Disney and Desantis is for the best.

 

[GoneViral]

So after all this "stick it to the mouse" he wants them to build another park. Lol.

His tone is so conciliatory and out of character I didn't believe he'd said that until I watched it.

 

[Sirwalterraleigh]

The new development agreement has to come after the new comprehensive plan and any changes to the zoning regulations. I don’t think we should expect it any time soon because otherwise you largely get the agreement they just killed.

A development agreement locks in the existing regulations. So if the board changes the regulations to require more development review that gets locked in. If they institute impacts fees and/or alternatives then those become part of the agreement.

The whole issue of affordable housing was/is a sham because under state law affordable housing is now special. It can now be built by right in a variety of zoning districts such as commercial and mixed-use (most of the buildable land of the district). So even with a development agreement, affordable housing can be built at Walt Disney World.

The federal lawsuit is a lousy contingency. If the district makes changes to the comprehensive plan and regulations that Disney doesn’t like and doesn’t want to lock in an agreement then Disney is still stuck having to follow the changes they don’t like in the meantime. Restarting the federal suit cannot pause changes to the local regulations.

Yeah…they lost. At least academically speaking

The good news is not much is going on anyway…I doubt they’ll interfere with bobs trailer park going up on river country

Chatting with Miami/Tallahassee lobbyist & attorney.

The word up there is that this was entirely done so DeSantis wins on paper and saves face, while after all is said and done, Disney gets what they want: control (via a likely friendlier and more competent board)

We shall see. This is easy politics and who’s to say the next carpet bagger won’t try the same stunt again?

What do you (or anyone) make of DeSantis pointing his finger at "Burbank" specifically on this. He seems to suggest that Disney "Orlando" wasn't a problem for him but "Burbank" specifically was.

I thought it was odd that he tried to "separate" Disney "Burbank" from Disney "Orlando". Is it possible that Burbank was giving DeSantis the finger and at the same time "Orlando" management was sending him messages for an olive branch?

Or,..."Mr. DeSantis....we don't agree with Burbank either, we understand your complaints,..please go easy on us down here." In other words,...Disney was playing "good cop \ bad cop" on him?

I dunno,...I just wonder why he separates Disney into two camps like that.

I also do wonder what the back-channel talk has been like between "Burbank", "Orlando" and DeSantis to reach where we are today.

 

[Sirwalterraleigh]

His tone is so conciliatory and out of character I didn't believe he'd said that until I watched it.

I still say that was “negotiated”

 

[GoneViral]

I still say that was “negotiated”

Oh, it 100% was. If DeSantis had won anything, he'd have been unbearable. That's his brand. Since he had to capitulate, this is what we got instead.

I wonder what was on Martin Garcia's phone...

 

[GoneViral]

…six flags has the rights to Arkham asylum

But I do love the idea of Harley Quinn as a Disney Princess.

 

[lazyboy97o]

I get that. It will be public record and will be done legally.

I'm just saying Disney and Desantis have already pre-hashed it out. The rubber stamp committee will go through their motions after the fact.

Are you suggesting they have not had conversations on what changes they would like and whether he will fight it or not?

I don’t doubt they’ve talked but I do doubt that it’s anything but capitulation. Any agreement has to follow what exists. So any concession to Disney has to be something that already exists, which means it’s not really a concession.

They also could have just agreed to amend the existing development agreement. That would have given Disney protection until a new agreement is reached if there was serious negotiating involved. Now, if there is a change and a deal is not reached then Disney has no recourse, they just have to deal with whatever the district decides.

 

[GoneViral]

Chatting with Miami/Tallahassee lobbyist & attorney.

The word up there is that this was entirely done so DeSantis wins on paper and saves face, while after all is said and done, Disney gets what they want: control (via a likely friendlier and more competent board)

That's readily apparent. That guy just went on a hot microphone and talked about giving Disney a land carveout.

 

[BrianLo]

I dunno,...I just wonder why he separates Disney into two camps like that.

It's an about face to onboard his constituents to how dramatic the language needed to change. Stopping making the golden goose itself the boogeyman and just make the dissociated Californian executives the problem. Something to be uncontrolled and ignored. Soon that will melt away and it will all just be about how great WDW is for the state and how great their relationship is.

I think if they hadn't come to a mutual understanding his tone wouldn't be so conciliatory. If they just dropped this last second due to the proxy fight, I think there would be way more gloating.

I don't really support that this is related to the proxy fight directly, it's a bit too last second in the voting process and really Peltz or Wall Street haven't seemingly cared much about this issue. It also feels like this has been in the works for a number of months with how quiet things have been recently from either party.

I don’t doubt they’ve talked but I do doubt that it’s anything but capitulation. Any agreement has to follow what exists. So any concession to Disney has to be something that already exists, which means it’s not really a concession.

They also could have just agreed to amend the existing development agreement. That would have given Disney protection until a new agreement is reached if there was serious negotiating involved. Now, if there is a change and a deal is not reached then Disney has no recourse, they just have to deal with whatever the district decides.

Perhaps, I get being worried about the worst case scenario. But the language is such a dramatic change today that I think both parties seem to want to work collaboratively. Disney's biggest protection in this whole manner is that hurting WDW hurts Florida. Not that this stopped it from happening, the whole thing was a bit idiotic and not thought through to begin with on the part of the governor.

 

[flynnibus]

The whole purpose of a development agreement is to prevent change. There’s no point in having one that allows zoning changes.

Not so. It's purpose is to have a contract between the established authority and the other party... including limits, or other special provisions that apply to that development. It doesn't exclude change that both parties want.. as they can simply undo and create a new agreement as well.

It prevents unexpected or one sided change.