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

lazyboy97o

Well-Known Member
Because I get the sense that the governments didn’t cross their Ts and dot their Is.

Take the requirement that Bay Lake and Lake Buena Vista were supposed to have one of their public hearings after 5pm when they adopted the ordinance amending the land development regulations. Now there was a simple fix for this. A majority of the city’s board of supervisors could have voted to hold it at another time. But that vote never happened.

Now, only a person that should have been noticed can challenge compliance with this requirement. Unknown whether that will happen. But still. A simple vote would’ve completely satisfied that requirement but it didn’t happen.

Do I know for sure whether the claims are true? Not yet. But, I don’t get the sense that RCID/BL/LBV made sure that this was done in full compliance with the law.
How do these requirements square with the District’s enabling legislation that was state law at the time? Unless the legislation providing for these procedural requirements specifically amended the District charter, then the charter’s procedures took precedent.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
Because I get the sense that the governments didn’t cross their Ts and dot their Is.

Take the requirement that Bay Lake and Lake Buena Vista were supposed to have one of their public hearings after 5pm when they adopted the ordinance amending the land development regulations. Now there was a simple fix for this. A majority of the city’s board of supervisors could have voted to hold it at another time. But that vote never happened.

Now, only a person that should have been noticed can challenge compliance with this requirement. Unknown whether that will happen. But still. A simple vote would’ve completely satisfied that requirement but it didn’t happen.

Do I know for sure whether the claims are true? Not yet. But, I don’t get the sense that RCID/BL/LBV made sure that this was done in full compliance with the law.

Have Reedy Creek, Bay Lake or Lake Buena Vista failed to comply in the past with the requisite legal notices? If not, I highly doubt they would choose THIS time to fail to do so.
 

Tha Realest

Well-Known Member
Have Reedy Creek, Bay Lake or Lake Buena Vista failed to comply in the past with the requisite legal notices? If not, I highly doubt they would choose THIS time to fail to do so.
How many occurred under such a compressed timeframe?

When was the last development agreement they entered into with WDPR?
 

Tha Realest

Well-Known Member
What allegation?

The only allegation that could be concerning is the failure to mail notices. But they would have to first show that there are other affected landowners requiring notice, they would then also need to prove that those landowners weren’t noticed. And then there is the question of standing and how such an oversight would be addressed by a judge.

I see no reason at the point to believe their claim over Disneys. Neither has provided any more evidence than the other.
While some view these as allegations, they’re stylized as “legislative findings” in the current document on the website. Finding suggests an evidentiary basis. Whether they’ll be viewed as such or given such deference by a later court is anyone’s guess, but that’s how it’s being propounded.

 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
While some view these as allegations, they’re stylized as “legislative findings” in the current document on the website. Finding suggests an evidentiary basis. Whether they’ll be viewed as such or given such deference by a later court is anyone’s guess, but that’s how it’s being propounded.


"Legislative findings" is the preamble in a piece of legislation that explains the purpose of the bill. It's not evidence as in evidence obtained during discovery, a deposition or presented in court.
 

Tha Realest

Well-Known Member
Staff, as in administrative, are assigned this task. Notice was provided in the local paper. I doubt that part of the requisite notice would be skipped but the media notice wasn't.
The property described in the media notice encompasses all property owners in the district, including the non-WDPR owners; the Ex 1 carveouts are absent. Why does the published notice operate with a seemingly different universe of affected property (RCID in its entirety) than the presumptive mailing recipients (just WDPR)?

Lastly…has anyone produced any evidence that WDPR itself was mailed this notice?
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
The property described in the media notice encompasses all property owners in the district, including the non-WDPR owners; the Ex 1 carveouts are absent. Why does the published notice operate with a seemingly different universe of affected property (RCID in its entirety) than the presumptive mailing recipients (just WDPR)?

Lastly…has anyone produced any evidence that WDPR itself was mailed this notice?

Because Florida statute requires said amendments to be noticed in that manner. The notice to be mailed to affected property owners is required just for the 1st public meeting, which would have been the one in January.

Screenshot_20230425-180314.png


Has the current Board provided proof it wasn't? Notarized statements from affected property owners saying they weren't mailed the notice? Something other than a tweet? Unless someone commenting in this thread works for TDO in a position that would have knowledge of the receipt of said notice, no one knows.
 
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lazyboy97o

Well-Known Member
While some view these as allegations, they’re stylized as “legislative findings” in the current document on the website. Finding suggests an evidentiary basis. Whether they’ll be viewed as such or given such deference by a later court is anyone’s guess, but that’s how it’s being propounded.

They’re the findings of the Board of Supervisors, a legislative body.
 

Smiley/OCD

Well-Known Member
I don't know of many examples of heavy machinery that can be safely inspected without shutting them down first. If an inspector is acting in good faith, they will keep the system down only as long as it takes to conduct the inspection.

Orders to conduct an inspection for any specific and minimum period of time would come from a partisan, and would almost certainly be widely reported by the media, thus presenting Disney with yet another opportunity to seek redress in court.
BUT, I can imagine and assume scenarios where Disney does the necessary inspections overnight when the parks are closed…beams are not being used the monorail cars are all in their service bays and storage areas. I can’t imagine ANY scenarios where state inspectors would be on property before 9 am or after 5 pm to conduct their inspections.
We all know this will be done during park operating hours.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
They’re the findings of the Board of Supervisors, a legislative body.

The board of supervisors isn't a legislative body. It's a local government.

And that "legislative findings" is nothing more than an analysis of existing statute and the timeline of events, presented as though it's a legal brief. For a case that doesn't exist.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
BUT, I can imagine and assume scenarios where Disney does the necessary inspections overnight when the parks are closed…beams are not being used the monorail cars are all in their service bays and storage areas. I can’t imagine ANY scenarios where state inspectors would be on property before 9 am or after 5 pm to conduct their inspections.
We all know this will be done during park operating hours.

Disney does a lot of maintenance overnight.
 

Lilofan

Well-Known Member
You think the State of Florida shuts down from 5 PM to 8AM? It doesn't.
DeSantis doesn't read the law when a company that employs more than 1K staff and has their own safety ride inspectors are exempt from state inspections ( ie WDW, Uni, SW ). State inspectors generally work business hours unless need to do their roles at night.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
DeSantis doesn't read the law when a company that employs more than 1K staff and has their own safety ride inspectors are exempt from state inspections ( ie WDW, Uni, SW ). State inspectors generally work business hours unless need to do their roles at night.

Again, the state doesn't shut down overnight. There are positions that work overnight shifts. And others that are on call.
 

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