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

[monothingie]

No, it really is not. There are no planning reviews for attractions at Universal Orlando Resort because it is zoned as a planned development that effectively gives them control of their zoning. SeaWorld Orlando is similarly zoned. Many large housing developments also get such a zoning.

That is not exactly correct. While they don’t have to get planning approvals for example a new parking lot, these entities have lobbied and negotiated with county and city authorities for zoning regulations that allow them to develop as they see fit to a limit. These zoning regulations are not carte blanche to do whatever they want.

Disney does not have that limitation. If they wanted to change zoning regs to build a 100 story hotel, they could force it through. If USO wanted to do that, they’d be appearing before different public boards which they don’t control for years and years, with no outcome assured.

 

[monothingie]

This was discussed at great length earlier on this thread.

The consensus was that Disney had rock solid grounds to sue as a First Amendment violation.

They can certainly try, but the only consensus I gathered from that was that it is very difficult to prove intent.

 

[JohnD]

I repeat, it wasn't broken. The current RCID arrangement was a benefit for both TWDC and we property owners.

And until there's an actual piece of legislation drafted for public review, I don't trust what this man says.

Oh, I'll be watching for legislation, you can be sure of that.

 

[JohnD]

Yes, we're on it because the FL session is around the corner (begins March 7) and there will be a bill to replace the RCID.

 

[lazyboy97o]

I saw that, from there it seems like things have escalated and the plan to dissolve is not backing down. They have tried to avoid suing and “played nice” it doesn’t seem to have yielded them any results.

With this new update the question becomes upon seeing this news. Do they now sue? They can absolutely use the first amendment as grounds. The question is will they? Do they not intend to try and fight this?

The legislation to dissolve the districts was already enacted. It was poorly written and if implemented as intended would cause serious issues. This new legislation is intended to fix those issues.

Because the passed legislation was so poorly written there are multiple solid arguments that it does not actually apply to Reedy Creek Improvement District and as such neither Disney nor the District would have standing to sue.

 

[MisterPenguin]

From the article:

"The corporate kingdom has come to an end," DeSantis' communications director, Taryn Fenske, told Fox News. "Under the proposed legislation, Disney will no longer control its own government, will live under the same laws as everyone else,​

Live under the same laws as everyone else? Does everyone else in Florida have a governor-appointed board running their local government? [The answer is 'no,' so, the statement is false. It is false propaganda to make it sound like they're creating a level playing field, when, in fact, they're targeting one district for special governor-appointed control.]

"While this will be painful for Disney, I expect businesses throughout the state will be proud of their governor for making it clear that he doesn’t care who you are, or how politically connected you may be — no one gets special treatment in Florida," Lukis continued.​

Same issue as above. Other business don't get targeted by putting a governor-appointed special district around them. If the governor *really* wanted Disney to have no special privileges, then the RCID would be dissolved and the land fall under the governance of the local counties, which then govern the businesses in their districts. More false propaganda.

Second false statement is that there are plenty of private businesses and local communities that still operate under a Special District. Many, if not all, not by a governor-appointed board. If the goal is to treat everyone equally, then either do away with all Special Districts, or, make all Special Districts operate in the same way. You can't create a uniquely run Special District and claim you're making things equal for everyone.

 

[ToTBellHop]

Disney could easily drag out lawsuits on this issue that would last until the term-limited DeSantis is gone. This was never particularly well thought-out by the state and Disney can pick apart individual issues and keep this locked up in the courts for years.

 

[celluloid]

Disney could easily drag out lawsuits on this issue that would last until the term-limited DeSantis is gone.

Likely not worth it for them. They will just further be the bad guy at that point.

 

[Sirwalterraleigh]

Yes, we're on it because the FL session is around the corner (begins March 7) and there will be a bill to replace the RCID.

For political points that mean nothing…

…just to refresh the scoreboard

 

[JohnD]

For political points that mean nothing…

…just to refresh the scoreboard

It's the process that has to play out. The bill already passed in special session last year sunsets on 6/01/23 the RCID and other special districts established before the enactment of the 1968 FL Constitution. Therefore new legislation needs to be put forward to replace it or reenact it. Given the climate, it looks like the RCID will be replaced.

 

[drew81]

 

[Disstevefan1]

My guess is that their will be a new special district, just not as powerful as RCID.
Then DeSantis can still claim no U turn.

Did you hear, it just happened, there was a special district created for the train that will go from the air port to the convention center that is next to the EPIC Universe park.

I truly doubt folks coming on vacation will use the train from the airport, I question how the luggage will be handled unless they have storage like busses?

Let’s see what happens.

 

[flynnibus]

It's the process that has to play out. The bill already passed in special session last year sunsets on 6/01/23 the RCID and other special districts established before the enactment of the 1968 FL Constitution. Therefore new legislation needs to be put forward to replace it or reenact it. Given the climate, it looks like the RCID will be replaced.

Or… when the state or someone tries to apply it… the districts will sue… a stay will be granted by a court… and this will drag out for years while new compromises are argued.

The law deadline is just the next mile post in this journey. If they try to let it go as is… it just kicks off the first round of court cases.

Don’t hold your breath anyone… this is just starting.

The whole legality of the law change will be challenged long before disney will open up any 1a cases.

 

[GoofGoof]

My guess is that their will be a new special district, just not as powerful as RCID.
Then DeSantis can still claim no U turn.

Did you hear, it just happened, there was a special district created for the train that will go from the air port to the convention center that is next to the EPIC Universe park.

I truly doubt folks coming on vacation will use the train from the airport, I question how the luggage will be handled unless they have storage like busses?

Let’s see what happens.

on the train comment…..there’s a very large (expensive ) train station that connects Newark Airport with NJ Transit trains via a Monorail. It’s a popular way to get to the airport there, I think I read somewhere 30,000+ people a day use the station and there’s been plans to spend billions more to connect to the path trains too. I think it all depends on where you are from. People from the Northeast who are mostly very comfortable with trains as mass transit will probably feel most comfortable using it. I still think it’s likely to be cheaper to just Uber from the airport for a family. I also agree that Newark is more likely to to have a larger number of individual business travelers without a lot of luggage vs families traveling on vacation. I have taken the train to Newark Airport and there’s no place to store luggage. You just have to keep it with you on the floor.

 

[lazyboy97o]

The whole legality of the law change will be challenged long before disney will open up any 1a cases.

Courts don’t really like it when people don’t bring up all arguments up front. It might not be their primary argument, but it would be a bit foolish to not include an argument up front and seriously risk giving it up as an argument.

 

[LAKid53]

This is the “compromise”.

What crazy privileges are an issue and we’re being abused?

Yes, a new district is being proposed to support the proposed SunRail expansion. Florida has hundreds of special districts.

Over 1800. Many are airport and port authorities.

 

[LAKid53]

I would say controlling your own zoning a pretty big “privilege”.

As many other such districts/authorities do in the state.

 

[Dranth]

My guess is that their will be a new special district, just not as powerful as RCID.
Then DeSantis can still claim no U turn.

Did you hear, it just happened, there was a special district created for the train that will go from the air port to the convention center that is next to the EPIC Universe park.

I truly doubt folks coming on vacation will use the train from the airport, I question how the luggage will be handled unless they have storage like busses?

Let’s see what happens.

My question is how? How does a special district get created that the people living it under it don't get to approve? I don't believe the governor or legislature has that power. Sure, they can pass something but the likelihood of it surviving in court is small.

Now, strip Disney of RCID, sure, they could get there eventually but they just can't create a district out of thin air no one asked for and force the people living under it to pay more taxes.

 

[monothingie]

As many other such districts/authorities do in the state.

Which ones?

 

[LAKid53]

Regardless of what’s in the legislation, it has to not violate the Florida constitution.

Earlier on this thread, several went through the state constitution and just could not find a way that the legislature can just take control of the district without the approval of its (Disney) residents, which ain’t gonna happen.

Which I would agree. But unfortunately there's been an erosion of certain parts of the FL Constitution over the years, such as the Home Rule Powers Act.