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

[CaptainAmerica]

"Florida Attorney General Ashley Moody advised Disney on Thursday that some of its company records could be subject to the state’s public records law and available to any Floridian who wants to see them.

Her letter to CEO Bob Iger came as Gov. Ron DeSantis and his allies work to get more details on agreements between Disney and the Reedy Creek Improvement District, the governmental entity previously controlled by the entertainment giant.

“Those agreements supposedly transfer certain government functions to Disney,” Moody wrote. “I am writing because these agreements may render Disney subject to Florida’s public records laws.”

Her letter didn’t demand any specific records from Disney, instead putting the corporation on notice it may violate Florida law if it withholds information. Disney did not respond to a request for comment.

Members of DeSantis’ new Disney World tourism oversight board say they found “11th-hour agreements” with their predecessors that allow Disney to set its own utility rates, manage future development and review aesthetic changes to the district’s buildings.

Those agreements were between Disney, a private company, and Reedy Creek, a special taxing district subject to Florida’s public records law.

Reedy Creek, now called the Central Florida Tourism Oversight District, is responsible for fire protection, planning, utilities and other government services for Disney World.

Under a previous arrangement, Disney effectively controlled the Reedy Creek district because it got to elect the five board members. Now, the governor appoints the board.

The previous board approved the Disney deals just ahead of DeSantis’ takeover of the board.

As a result of the agreements, Disney’s records dealing with “development of Disney-owned properties in Florida, rate setting for utilities and other similar matters” where it “purports to exercise delegated government functions” could be open to the public, Moody wrote in her letter.

“Please also be advised there is generally no attorney-client or work product privilege when dealing with public records,” she wrote.

Moody’s office filed a public records request on March 30 with Reedy Creek but was told no responsive records exist.

Moody sought “documents discussing an intention or goal of circumventing, avoiding, frustrating, mitigating or otherwise attempting to avoid the effects of anticipated actions by the Florida governor and the Florida Legislature.”

John Guard, chief deputy attorney general, sent a follow-up letter on Monday taking issue with the district’s response and broadening the request. He gave the Reedy Creek district until April 24 to respond.

In addition to Moody’s probe, the state’s chief inspector general is investigating. That position is appointed by the governor.

Florida law deems records to be public for private companies that are acting on behalf of a public agency or performing a governmental function. It’s not “clear cut” that would apply to Disney, said Barbara Petersen, director of the Florida Center for Government Accountability and an expert on the public records law.

“It will all have to shake out in court,” she said."

Moody tells Disney its records could be open to the public in Florida

Florida Attorney General Ashley Moody advised Disney that some of its records could be subject to public records law

www.orlandosentinel.com

This is so much fun.

 

[Chi84]

Of course they don’t exist why would they have records “documents discussing an intention or goal of circumventing, avoiding, frustrating, mitigating or otherwise attempting to avoid the effects of anticipated actions by the Florida governor and the Florida Legislature.”

They haven’t done anything illegal.

They should answer that they anticipated the Florida governor and legislature to act with integrity and in full compliance with the law. So no documents were needed to circumvent its anticipated actions. (That’s a ridiculously worded request; send one back.)

 

[flynnibus]

This sounds bad, right?

Its more flailing around trying to project fear.

Besides, the records in question would be limited to these topics of RCES and the district - not everything in Disney

 

[Schmidt]

Ghost said his friends weren’t Disney fans, not himself.

oh. gotcha. Thx

 

[Sirwalterraleigh]

Apparently Moody just sent notice to Disney that some of it's records could be subject to Florida's public records law. I am starting to feel like they are tossing stuff out and seeing what will stick at this point.

Wait….you’re just NOW feeling like this?!?

It’s been a stunt since the Jump…a display in lack of political savvy.

Embarrassing lack of strategic vision

 

[peter11435]

There’s no question…

Actually I’d ague it’s more important to Florida

I would actually agree with you.

 

[Sirwalterraleigh]

I would actually agree with you.

“…we gotta stop meeting like this…”

 

[LAKid53]

Wondering if the they might attempt to change the term limits for him?

They have to amend the Florida Constitution to do so. Put an amendment on the ballot for 2024 and needs to pass by a minimum of 60%.

Highly unlikely voters will go for it.

 

[Angeni11]

Wait….you’re just NOW feeling like this?!?

It’s been a stunt since the Jump…a display in lack of political savvy.

Embarrassing lack of strategic vision

I have felt like this for a while but now they seem to be tossing things out faster. =P

It kind of shows you how desperate they are getting to find something.

 

[Schmidt]

I get the feeling that Disney is providing all of the rope DeSantis will need to hang himself here.
Disney's legal case will just get stronger the longer this goes on. DeSantis is not short on shenanigans.

 

[peter11435]

This sounds bad, right?

Not really

 

[Kamikaze]

Moody tells Disney its records could be open to the public in Florida

Florida Attorney General Ashley Moody advised Disney that some of its records could be subject to public records law

www.orlandosentinel.com

Thats ... not how that works.

 

[Sirwalterraleigh]

I have felt like this for a while but now they seem to be tossing things out faster. =P

It kind of shows you how desperate they are getting to find something.

For donations…don’t forget…this is to raise money for PACS and “campaigns” and to garner future “opportunities”

 

[Vacationeer]

Those agreements supposedly transfer certain government functions to Disney,” Moody wrote. “I am writing because these agreements may render Disney subject to Florida’s public records laws.”

This sounds odd. How is it possible to transfer certain government functions to a company in one easy step? Unless they aren’t strictly government functions.

Oh wait… so this isn’t about not being a legitimate transfer… just that it opens Gov-in-the-Sun ability?

 

[LAKid53]

"Florida Attorney General Ashley Moody advised Disney on Thursday that some of its company records could be subject to the state’s public records law and available to any Floridian who wants to see them.

Her letter to CEO Bob Iger came as Gov. Ron DeSantis and his allies work to get more details on agreements between Disney and the Reedy Creek Improvement District, the governmental entity previously controlled by the entertainment giant.

“Those agreements supposedly transfer certain government functions to Disney,” Moody wrote. “I am writing because these agreements may render Disney subject to Florida’s public records laws.”

Her letter didn’t demand any specific records from Disney, instead putting the corporation on notice it may violate Florida law if it withholds information. Disney did not respond to a request for comment.

Members of DeSantis’ new Disney World tourism oversight board say they found “11th-hour agreements” with their predecessors that allow Disney to set its own utility rates, manage future development and review aesthetic changes to the district’s buildings.

Those agreements were between Disney, a private company, and Reedy Creek, a special taxing district subject to Florida’s public records law.

Reedy Creek, now called the Central Florida Tourism Oversight District, is responsible for fire protection, planning, utilities and other government services for Disney World.

Under a previous arrangement, Disney effectively controlled the Reedy Creek district because it got to elect the five board members. Now, the governor appoints the board.

The previous board approved the Disney deals just ahead of DeSantis’ takeover of the board.

As a result of the agreements, Disney’s records dealing with “development of Disney-owned properties in Florida, rate setting for utilities and other similar matters” where it “purports to exercise delegated government functions” could be open to the public, Moody wrote in her letter.

“Please also be advised there is generally no attorney-client or work product privilege when dealing with public records,” she wrote.

Moody’s office filed a public records request on March 30 with Reedy Creek but was told no responsive records exist.

Moody sought “documents discussing an intention or goal of circumventing, avoiding, frustrating, mitigating or otherwise attempting to avoid the effects of anticipated actions by the Florida governor and the Florida Legislature.”

John Guard, chief deputy attorney general, sent a follow-up letter on Monday taking issue with the district’s response and broadening the request. He gave the Reedy Creek district until April 24 to respond.

In addition to Moody’s probe, the state’s chief inspector general is investigating. That position is appointed by the governor.

Florida law deems records to be public for private companies that are acting on behalf of a public agency or performing a governmental function. It’s not “clear cut” that would apply to Disney, said Barbara Petersen, director of the Florida Center for Government Accountability and an expert on the public records law.

“It will all have to shake out in court,” she said."

Moody tells Disney its records could be open to the public in Florida

Florida Attorney General Ashley Moody advised Disney that some of its records could be subject to public records law

www.orlandosentinel.com

Take Ashley Moody with a grain of salt. She's a brunette version of Pam Bondi.

 

[MandaM]

The question to ask them, though, particularly as people that don't normally think about Disney, at all, is - would this change their vote?

I think some folks are making the mistake of viewing this situation in a vacuum, like somehow this is the only thing going on in Florida right now. Florida also just passed a law in the past weeks that has been one of the #1 goals of his Republican/conservative base for 50 years.

Given that they see that as a momentous win they have been fighting a half a century for, I somehow doubt that many are going to say "Ugh, but he was so mean to Disney!", a company they are not largely enamored with to begin with.

If you’re referring to the bill I think you are. 75% of Floridians oppose it, including 61% of Republicans. That’s why the governor signed it at midnight with no press. It’s not a political winner, and it’s already cost him support from big money Repiblicans donors.

 

[StaceyH_SD]

So Moody is saying because of Disney’s agreement giving them certain government authorities they may have to provide certain public records. So then their agreement is valid?

 

[Sirwalterraleigh]

Thats ... not how that works.

…if you’re following…there are no boundaries here.

That’s the biggest problem…other than buffoons…from the start.

If there were boundaries, Disney would have sent a legion of lawyers to preserve RCID - as is - from the start.

And 10 years ago it would have been easy…20 a slam dunk

 

[AEfx]

Wild.

They're going to fight this as a PR battle rather than a legal one.

What's interesting about that is that, while it seems information dense, it really is more like a list of suggested Facebook/Blogger-level talking points than anything else. For example, I kept looking for the footnotes, of which there are none - so no actual media outlet can really do anything with it nor does it do anything for laymen who actually want to know a bit more, not just repeat the lines Disney is giving (no links to any reports or more information to break down the data they are presenting).

Personally, the figure I would love to see more detail in is the breakdown of the $1.1B in taxes figure (I had to look elsewhere to see that this was for 2022, as the info page doesn't specify and almost make it sound like they are saying how much they paid, ever, with the non-specific wording). I don't follow Disney financials, but I am sure this must be available somewhere.

The number that would be interesting is "paid" versus "collected". That is the type of wording some other mega-corporations use when accused of not paying enough or their fair share, because they include the sales taxes they collect from customers (Amazon is famous for this, once they were forced to actually charge it).

It's not openly deceptive, but when it's phrased so generically many people take it as "that's how much Disney paid in taxes" and just assume it is property tax/etc. as a cost of business. They don't take into account that they are including all the sales taxes collected from customers as well. Given this includes the sales tax guests pay for every item they buy at WDW, every trinket, every meal, every snack, and things like the 12.5% combined state/local hotel taxes, that doesn't seem like an incredibly high number.

It's not really material to the issue, it's is something I have been very curious about as this number has been thrown around. It's still technically "taxes paid" but I would love to know how much Disney themselves actually pay, versus what they collect through direct revenue.

 

[Figgy1]

So Moody is saying because of Disney’s agreement giving them certain government authorities they may have to provide certain public records. So then their agreement is valid?

Trying to understand how Florida/the new board's logic works makes my head hurt. It feels like they're throwing stuff at a wall to see if anything sticks