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

[flynnibus]

I imagine the plan would be to create a new district as mentioned in the dissolution law.

I wonder if the strategy would be to instead modify the existing ReedyCreek Act and structure, thus re-certifying it.. and avoid then the mess of having to start from scratch. Imagine if his new plan is just to redefine how the board is defined and elected.

I'm sure there are limits to them doing this unilaterally - but maybe by working within the existing they cut some of the irritants out. Far too down in the weeds for me to form a true informed opinion on the viability.

 

[LAKid53]

That article today, with direct quotes, confirms the Governor’s plan is to have the state take over the district. There were some here claiming that was “fake news” and made up by the opposition. Crazy times we are living in.

It can't... RCID is, by statute, a local government. There is no provision in either the Florida Constitution or Florida Statute that allows the state to "take over" a local government. And there's plenty of Florida case law that states the same.

 

[LAKid53]

I wonder if the strategy would be to instead modify the existing ReedyCreek Act and structure, thus re-certifying it.. and avoid then the mess of having to start from scratch. Imagine if his new plan is just to redefine how the board is defined and elected.

I'm sure there are limits to them doing this unilaterally - but maybe by working within the existing they cut some of the irritants out. Far too down in the weeds for me to form a true informed opinion on the viability.

What irritants?

This is what puzzles me. Disney was paying taxes. Disney was also paying RCID for maintaining its property and providing essential services, outside of LE - which it contracted with OCSO to provide. To me, that's a win for the property owners in both Orange and Osceola Counties.

 

[boufa]

In what way would a company, not even based within the state of Florida, have the upper hand over the Florida legislature and government?

This was not some edict from a despot dictator, the duly elected legislature pass a law dissolving all special tax districts created before the adoption of the current Florida constitution.
The duly elected Governor signed it.

Unless they specifically targeted Disney directly, there is little recourse Disney has from a lawsuit standpoint.

But they DID target Disney specifically. The governor was very clear that this law was passed to hurt Disney for its political stance. The US Supreme court has ruled MANY TIMES that the government cannot punish a business entity for its political views, or in retaliation for it's public statements. It is a violation of the 1st amendment. Plain.. Simple.. period.

The governor has said it is a revenge law for Disney voicing its opposition to a decision of the Florida legislature. There is a very good reason Chapek isn't talking.

 

[GoofGoof]

But they DID target Disney specifically. The governor was very clear that this law was passed to hurt Disney for its political stance. The US Supreme court has ruled MANY TIMES that the government cannot punish a business entity for its political views, or in retaliation for it's public statements. It is a violation of the 1st amendment. Plain.. Simple.. period.

The governor has said it is a revenge law for Disney voicing its opposition to a decision of the Florida legislature. There is a very good reason Chapek isn't talking.

Agreed 100%. I also think that’s a plan B. Right now the Governor and legislature have no real plan that is legal at the state level to accomplish their goals. They also have a very real problem with the bonds that cannot just be ignored or solved with passing some state law. Disney would much prefer to negotiate a resolution that benefits them behind closed doors than have a public spectacle that a 1st amendment lawsuit would be.

 

[LAKid53]

But they DID target Disney specifically. The governor was very clear that this law was passed to hurt Disney for its political stance. The US Supreme court has ruled MANY TIMES that the government cannot punish a business entity for its political views, or in retaliation for it's public statements. It is a violation of the 1st amendment. Plain.. Simple.. period.

The governor has said it is a revenge law for Disney voicing its opposition to a decision of the Florida legislature. There is a very good reason Chapek isn't talking.

SCOTUS ruling in Citizens United granted corporations the same rights for political speech as private citizens.

 

[mikejs78]

The Republican lawmakers literally admitted to targeting Disney during the special session.

Not only that, but there are a number of provisions both in existing Florida state law and the state constitution that prohibit what the state is doing with the Reedy Creek dissolution..

 

[erstwo]

Unless they specifically targeted Disney directly,

 

[UNCgolf]

It can't. There's statues that clearly say both the assets and liabilities will be assumed by the counties. And the counties cannot tax Disney differently than any other property owner without...creating a special district. Is DeSantis proposing a special corporate income tax for Disney? That too, will be litigated, as unconstitutional under Florida statute.

Clearly this legislation was rushed in 3-4 days without a thorough review of state statutes. Nor any knowledge or appreciation of municipal bonds.

Right, that's what I'm saying -- I think they're shifting gears now because they've discovered dissolving it just isn't feasible. They're likely looking to amend the dissolution law in another special session to implement this new plan.

I take that statement as a plan to leave RCID intact as-is, but change the governing structure so that it's controlled by the State of Florida. That could potentially allow them to sidestep the bond issue, since the district would remain.

I would be surprised if there was any mechanism in Florida law that allowed the state to simply assume control over a local municipality, though, so this feels like nothing more than a shift in the basis for upcoming litigation rather than anything that actually gets them what they want.

 

[lazyboy97o]

In what way would a company, not even based within the state of Florida, have the upper hand over the Florida legislature and government?

This was not some edict from a despot dictator, the duly elected legislature pass a law dissolving all special tax districts created before the adoption of the current Florida constitution.
The duly elected Governor signed it.

Unless they specifically targeted Disney directly, there is little recourse Disney has from a lawsuit standpoint.

They’d have the upper hand by not ignoring a bunch of state laws and constitution that restrict the actions of the legislature and governor. And no, you can’t target others as a First Amendment loophole.

 

[LAKid53]

Right, that's what I'm saying -- I think they're shifting gears now because they've discovered dissolving it just isn't feasible.

I take that statement as a plan to leave RCID intact as-is, but change the governing structure so that it's controlled by the State of Florida. That could potentially allow them to sidestep the bond issue, since the district would remain.

I just don't know that there's a mechanism for them to simply assume control over a local municipality. My guess is that's not something they can do on a whim.

Currently, there is no such mechanism for them to do so. It would violate the Home Rule Powers Act in the Florida Constitution. You'd see both county and city governments pushing back against any attempt to do so.

 

[Creathir]

Since when is a state Governor such a “force to be wreckoned with?” With some type of authoritarian powers?

You’re being played here, son…This is attention for money and nothing more.

Turn it off and the crazies go back to the fringes where they belong

This was an action by the legislature, not just the Governor.

This is attention due to Disney putting their foot in their mouth.

 

[Creathir]

Last I checked the FL legislature and the Governor are still required to follow the law. They cannot just do what they want because they are duly elected. The things people are talking about are all issues with their plan being legal based on the state constitution and existing state law.

What law was violated?

 

[LAKid53]

This was an action by the legislature, not just the Governor.

This is attention due to Disney putting their foot in their mouth.

Citizens United granted TWDC the right to do so...without government retaliation.

 

[LAKid53]

What law was violated?

The Home Rule Powers Act of the Florida Constitution, for one.

 

[UNCgolf]

Currently, there is no such mechanism for them to do so. It would violate the Home Rule Powers Act in the Florida Constitution. You'd see both county and city governments pushing back against any attempt to do so.

Right, that's why I said it would just be a shift in the basis for litigation (moving from the bond issue to this) rather than anything that gives them a clear victory. It's almost like a shell game.

 

[LAKid53]

Right, that's why I said it would just be a shift in the basis for litigation (moving from the bond issue to this) rather than anything that gives them a clear victory. It's almost like a shell game.

It is. And unfortunately, voters in Florida will pay the costs of that she'll game.

 

[flynnibus]

What irritants?

Meaning constructs like modifying an existing district vs creating a new one
...or avenues of change that maybe could be done via statute instead of requiring landowners
...or even potentially differences in grandfathering vs new application of other laws, etc

I don't know all the twists and turns.. just speculating that they could be aiming for something more surgical instead of gut n replace..

I do think the 2022c passed law was just to thrown down the gauntlet and doesn't represent anything that they will ultimately do. It was more to force the topic.

 

[UNCgolf]

It is. And unfortunately, voters in Florida will pay the costs of that she'll game.

Yep. Even if, in the end, RCID remains exactly as it exists today, Florida's taxpayers will be paying to defend this in multiple lawsuits.

 

[JoeCamel]

This was an action by the legislature, not just the Governor.

This is attention due to Disney putting their foot in their mouth.

No it was passed as a method to raise money. All they have to do slow walk ot through November