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

[lazyboy97o]

How is it legal for a board to vote to give themselves “superior authority” over other entities?

They are removing things like planning commissions to give themselves more power, trying to remove towns to give themselves more power, where is the line drawn? Could they vote to remove the county for more power? or the state?

Obviously the answer must be no but legally how far can they go in their pursuit of power.

It shouldn't be according to the state constitution's requirements for home rule, but Iger is "calm and mature" so he is allowing this precedent to be established without complaint.

All of this is allowed in the reconstitution legislation. The board is empowered to create a zoning commission but they are not required to have one, so they're getting rid of it.

The board has no power to dissolve the cities, but they do have "superior authority" over any cities and counties in regards to their powers.

 

[WannaGoNow]

How is it legal for a board to vote to give themselves “superior authority” over other entities?

They are removing things like planning commissions to give themselves more power, trying to remove towns to give themselves more power, where is the line drawn? Could they vote to remove the county for more power? or the state?

Obviously the answer must be no but legally how far can they go in their pursuit of power.

It's not. Legal, that is.

They can pass a resolution calling themselves the Grand High Poo Bahs of the Kingdom of the United States if they want. Neither Disney nor anyone else has no obligation to listen to them.

The contracts supercede any resolution.

 

[lazyboy97o]

It's not. Legal, that is.

They can pass a resolution calling themselves the Grand High Poo Bahs of the Kingdom of the United States if they want. Neither Disney nor anyone else has no obligation to listen to them.

The contracts supercede any resolution.

This has nothing to do with the contracts.

 

[Stripes]

Reedy Creek finds ‘no records exist’ for Moody’s probe into Disney agreements

Attorney General Ashley Moody came up empty on a public records request about agreements the Reedy Creek Improvement District’s board made with Disney.

www.orlandosentinel.com

 

[WannaGoNow]

This has nothing to do with the contracts.

Yes, it does.

The board has their panties in a twist over the contracts - i.e. the developer agreement and the restrictive covenants. So they are making up this nonsense resolution calling themselves the superior authority and claiming all decisions must go through them and they are the final arbiters.

And again, they can call themselves the Lord High Sparrows of Orlando and claim to have Jedi mindreading power over all of Bob Iger's decisions all they want.

But the resolution does not supercede the contracts they are so angry about. Disney is under no legal obligation to pay attention to their resolution; they have signed legal agreements that say otherwise.

 

[lazyboy97o]

Yes, it does.

The board has their panties in a twist over the contracts - i.e. the developer agreement and the restrictive covenants. So they are making up this nonsense resolution calling themselves the superior authority and claiming all decisions must go through them and they are the final arbiters.

And again, they can call themselves the Lord High Sparrows of Orlando all they want.

But the resolution does not supercede the contracts they are so angry about.

Once again, these changes are provided for in the reconstitution law.

 

[lazyboy97o]

Reedy Creek finds ‘no records exist’ for Moody’s probe into Disney agreements

Attorney General Ashley Moody came up empty on a public records request about agreements the Reedy Creek Improvement District’s board made with Disney.

www.orlandosentinel.com

That seems convenient and suspicious.

I might actually make some predictions. I think there’s a very good chance that Disney’s offices are going to be raided and a small chance that Iger and others will be indicted.

 

[WannaGoNow]

Once again, these changes are provided for in the reconstitution law.

The new board assumed the responsibilities of the old board. That includes all their obligations. That includes their contracts.

That's part of the reason why DeSantis didn't simply dissolve Reedy Creek. There are constitutional protections against a government passing laws impairing its own contracts.

 

[lazyboy97o]

The new board assumed the responsibilities of the old board.

No, the law also made a number of changes to the board and district’s authority. It gave the district “superior authority” over cities and counties within its boundaries. It also does not require a separate zoning commission.

“Section 13. Exercise by district of powers within counties, municipali- ties, and political subdivisions.—The district shall have the power to exercise any of its rights, powers, privileges, and authorities in any and all portions of the district lying within the boundaries of Orange County, Osceola County, the City of Bay Lake, the City of Lake Buena Vista, and any other municipal corporation or other political subdivision, heretofore or hereafter created or organized, the boundaries of which lie wholly or partly within the geographic limits of the district, to the same extent and in the same manner as in areas of the district not incorporated as part of a county, municipality, or other political subdivision.”

“ (9) ZONING; PLANNING AND ZONING COMMISSION; ZONING BOARD OF ADJUSTMENT.—In addition to and not in limitation of the foregoing, the board of supervisors shall have the power to:

[…]

(f) Establish a Planning and Zoning Commission; prescribe the powers, duties, and functions of such Planning and Zoning Commission, the requirements for membership on the commission, the term or terms of office of members of the commission, and the rules and procedure to be followed in proceedings before or involving the commission and as to all other matters affecting the organization and functioning of the commission; and appoint the members thereof.“

 

[Dranth]

That seems convenient and suspicious.

I might actually make some predictions. I think there’s a very good chance that Disney’s offices are going to be raided and a small chance that Iger and others will be indicted.

Not really surprising though. I doubt Disney was going to have a trail of texts/emails to the old RCID board talking about how they were going to enact their evil master plan.

 

[WannaGoNow]

That seems convenient and suspicious.

I might actually make some predictions. I think there’s a very good chance that Disney’s offices are going to be raided and a small chance that Iger and others will be indicted.

Yeah, no. But thanks for the laugh!

No, the law also made a number of changes to the board and district’s authority. It gave the district “superior authority” over cities and counties within its boundaries. It also does not require a separate zoning commission.

That has nothing to do with the new board declaring itself grand high poo bah with the last word in development. That is already covered in the contracts, and a resolution does not change the developer agreement nor the restrictive covenants. Quoting directly, "[a]ll lawful debts, bonds, obligations, contracts…and other undertakings of the Reedy Creek Improvement District are validated and shall continue to be valid and binding on the Central Florida Tourism Oversight District."

You quoted this, "The district shall have the power to exercise any of its rights, powers, privileges, and authorities" - but its rights, powers, etc are limited by the legal contracts.

 

[Chi84]

Not really surprising though. I doubt Disney was going to have a trail of texts/emails to the old RCID board talking about how they were going to enact their evil master plan.

I thought the request was to the district and its employees? Everyone involved knew what was going on - I wonder how many secret emails needed to exist. Anything revealing is likely privileged, no?

 

[lazyboy97o]

That has nothing to do with the new board declaring itself grand high poo bah with the last word in development. That is already covered in the contracts, and a resolution does not change the developer agreement nor the restrictive covenants. Quoting directly, "[a]ll lawful debts, bonds, obligations, contracts…and other undertakings of the Reedy Creek Improvement District are validated and shall continue to be valid and binding on the Central Florida Tourism Oversight District.

The contracts do not dictate the internal organization of the district. I edited my prior post to include the language that gives the district authority over municipalities and the option of having a separate zoning commission.

 

[WannaGoNow]

The contracts do not dictate the internal organization of the district. I edited my prior post to include the language that gives the district authority over municipalities and the option of having a separate zoning commission.

Sure.

But that power is limited by the developer agreement and the restrictive covenants.

The resolution is nonsense. It's the equivalent of a three year old stomping its feet. They can say they are the final arbiters of development all they want, but legally they aren't.

 

[Stripes]

That seems convenient and suspicious.

I might actually make some predictions. I think there’s a very good chance that Disney’s offices are going to be raided and a small chance that Iger and others will be indicted.

I don’t think it’s convenient or suspicious at all. I also highly doubt Disney‘s offices will be raided.

 

[lazyboy97o]

Not really surprising though. I doubt Disney was going to have a trail of texts/emails to the old RCID board talking about how they were going to enact their evil master plan.

I find it surprising that nothing was found. They properly noticed and the meetings but did everything else off the books which makes it all look like a secret deal exactly as opponents present it?

I guess it could be due to the charged language and nothing meeting that criteria of subverting the legislature.

 

[Chi84]

I don’t think it’s convenient or suspicious at all. I also highly doubt Disney‘s offices will be raided.

DeSantis put his motives on display right from the start. You may have a better idea because you seem to be more familiar with this, but how much would have needed to be done outside of Disney's attorneys' offices?

 

[Stripes]

I find it surprising that nothing was found. They properly noticed and the meetings but did everything else off the books which makes it all look like a secret deal exactly as opponents present it?

I guess it could be due to the charged language and nothing meeting that criteria of subverting the legislature.


I think this would potentially be exactly what he wants. It’d let the state claim it was a corrupt, secret deal done in violation of state law that can therefore be invalidated.

If documents did exist, it would suggest that the board deliberated out of public view, in violation of sunshine laws.

Given some of the language in the documents, it sounds like Disney Legal put the agreements together themselves and then asked the board to consider them.

Then the board did exactly that in public meetings, in compliance with the law.

 

[Disney Analyst]

If documents did exist, it would suggest that the board deliberated out of public view, in violation of sunshine laws.

Exactly. They were seeking out discussion, planning, plotting in emails or texts. They got nothing. By the book.

 

[Stripes]

how much would have needed to be done outside of Disney's attorneys' offices?

Virtually nothing.