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

lazyboy97o

Well-Known Member
This is true, but not necessarily when it comes to venue. They could go to state court first and work out all the FL constitutional issues there. Then, in the unlikely event that they lose at the state level, they could pursue a federal 1A case.
The Florida Constitution has similar protections. It would not make sense to ignore it in state court.
 

GoofGoof

Premium Member
Getting back to the topic, what exactly would the amendment to the state constitution be for? Allowing the Governor to create a special district where he can appoint the board and that district can then assess taxes on landowners in the district (in addition to the local taxes already paid to the local counties) without any vote or representation in the district? That is what would be needed to replace RCID with a new special district where Disney pays all the taxes and has no control.

For the people in favor of this, does this sound like something we should support? If you put aside political bias and the culture war struggle in this particular case and look at this from a pure government setup prospective nobody should be happy to support an amendment that does this. Would you be happy to pay extra taxes but then have no say in how the funds are spent? Seems like a real bad idea.
 

ParentsOf4

Well-Known Member
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monothingie

Nakatomi Plaza Christmas Eve 1988. Never Forget.
Premium Member
Getting back to the topic, what exactly would the amendment to the state constitution be for? Allowing the Governor to create a special district where he can appoint the board and that district can then assess taxes on landowners in the district (in addition to the local taxes already paid to the local counties) without any vote or representation in the district? That is what would be needed to replace RCID with a new special district where Disney pays all the taxes and has no control.

For the people in favor of this, does this sound like something we should support? If you put aside political bias and the culture war struggle in this particular case and look at this from a pure government setup prospective nobody should be happy to support an amendment that does this. Would you be happy to pay extra taxes but then have no say in how the funds are spent? Seems like a real bad idea.
The commentary on amending the constitution was meant to suggest that in a general term, the state can effectively do what it likes so long as it follows through the legislative process. No one is suggesting that this is even in play for this issue. Regardless, while extremely unlikely, amending the state constitution is a legislative option that is could be on the table give the current political makeup of the Florida legislature.
 

peter11435

Well-Known Member
Did all of the legislators who voted for this share or make their rationale for voting the way they did public?

Putting aside public statements of some law makers, does the bill specifically in its wording target Disney specifically?
Not all of them, no, but many of them have. And the bill sponsor and governor who signed it into law have been more than clear about the rational.

And no, the wording of the bill does not mention Disney. But it doesn’t have to. They don’t get to violate your first amendment rights just because they take others down with you.
 

Sirwalterraleigh

Premium Member
Did all of the legislators who voted for this share or make their rationale for voting the way they did public?

Putting aside public statements of some law makers, does the bill specifically in its wording target Disney specifically?
No…but have they said any other “targets” publicly?

Won’t get anyone to 270 anyway…so it’s completely feckless
 

monothingie

Nakatomi Plaza Christmas Eve 1988. Never Forget.
Premium Member
Not all of them, no, but many of them have. And the bill sponsor and governor who signed it into law have been more than clear about the rational.
Which ones?
How many?
I'm not nitpicking, but without that information proving intent becomes exponentially more difficult.
And no, the wording of the bill does not mention Disney. But it doesn’t have to. They don’t get to violate your first amendment rights just because they take others down with you.
Which would be a challenge for a court to decide. Which falls back to the initial point.
 

flynnibus

Premium Member
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.

No - because rcid suing over how the new law was implemented or written (arguing against its application etc) does not include disney.

Disney filing against the law would be completely separate- and no need to open that can of worms until rcid’s angles have been defeated.
 

mikejs78

Well-Known Member
You lost me when were talking about the senate. The current balance is 28/12. The super majority is there already.

My mistake. I did math wrong.

Let's set everybody straight. Yes, an amendment requires 60% (3/5) of both houses of the Florida Legislature to put before the voters. Then the amendment is put on the next general election ballot to be voted on.

The commentary on amending the constitution was meant to suggest that in a general term, the state can effectively do what it likes so long as it follows through the legislative process. No one is suggesting that this is even in play for this issue. Regardless, while extremely unlikely, amending the state constitution is a legislative option that is could be on the table give the current political makeup of the Florida legislature.
The legislature can't amend the FL constitution, only propose amendments. It needs to get approved by a supermajority (60%) of the voters. DeSantis, as much of a landslide victory as he had, just failed to reach 60%.
 

JohnD

Well-Known Member
My mistake. I did math wrong.




The legislature can't amend the FL constitution, only propose amendments. It needs to get approved by a supermajority (60%) of the voters. DeSantis, as much of a landslide victory as he had, just failed to reach 60%.
I think I said that. 60% from the Legislature then put before the voters.
 

JohnD

Well-Known Member
The person who wrote and sponsored the bill publicly stated his intent. And he did so on the floor when presenting the bill. It’s not hard to prove intent.
I think we can agree that while the bill sunsets special districts created before the 1968 Florida Constitution, that isn't the real intent. It was aimed at the RCID and other special districts got caught up in the wash due to how the bill was written.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
I keep thinking it ends on 6/30/23, which is the end of Florida's fiscal year. It doesn't. It ends 6/1/23. Therefore, FIFW:

If there's no replacement for RCID on June 2, 2023, then everything reverts to the two counties WDW spans to provide the services RCID used to.

Either way, if there's nothing to replace it prior to 6/1/2023, it ceases to exist. Who then will provide emergency services, such as fire and ambulance? Thank god I'm 5 minutes from Orlando Health.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
Unless of course the legislature takes action. Which is what this bill appears to do.

Ultimately the State has the power to implement any type of change they see fit so long as it adheres to the Florida Constitution. And if that got in the way, the legislature could amend the Florida Constitution.

The Florida Legislature can't unilaterally amend the state constitution. Any amendment requires a minimum of 60% of the voters approving.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
The state can take it away….but there does not appear to be a legal path forward to require TWDC to pay for the services that are now provided by the special district. The real rub here is Disney was paying more than their fair share in taxes in exchange for a level of control over the quality of services provided. If you take away the control you also take away the payments. The debate is not whether the state can legally dissolve a special district.

The only way to do that is to create a special district. So if nothing happens, then TWDC will pay the same rate in property taxes I pay.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
Which debate? Whether they can dissolve the district? That‘s already done. So far no lawsuit or legal challenge.

If you mean making Disney pay for the services without a special district that’s not going to be possible without an amendment to the state constitution. The legislature and Governor have no authority to assess additional taxes on an individual taxpayer. Without the special district the cost of the services falls to the local taxpayers in Orange and Osceola counties which would result in a massive tax increase on residents. Just saying that won’t happen is not a plan. So far we’ve seen no actual plan which could accomplish that goal.

Bingo. Thank you.

And as a property owner in Orange County, I am concerned that my property taxes will go up. However, as I'm registered to vote in another Florida County, I will have no say.
 

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