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

[mikejs78]

The question would then be does a special district charter have the power to supercede state statute?

The Reedy Creek charter was state statute, wasn't it? Regardless the charter said it was exempt from any new laws that conflicted with the charter, unless the charter was specifically called out of repealed in the new law.

 

[lazyboy97o]

Didn‘t RCID already have a form of development agreement with Disney? Wasn‘t there already a comprehensive plan approved by the board?

There was a comprehensive plan but I don’t believe there were development agreements since Disney didn’t really need one.

 

[LAKid53]

A special district charter is a state statute.

If statute exists at the time of the charter execution, does the charter have the power to supercede existing state statute? Only the Florida Legislature.. and the courts...can amend existing statute. The charter would have to contain language that would specifically exempt the entity created.

 

[Smiley/OCD]

No, FDOT will send the inspectors that work the midnight to 8AM shift.

They’re probably checking elevators in Miami…all two of them…I’m sure their sole focus is to respond to emergencies not routine inspections, but ok

 

[LAKid53]

The Reedy Creek charter was state statute, wasn't it? Regardless the charter said it was exempt from any new laws that conflicted with the charter, unless the charter was specifically called out of repealed in the new law.

So, in essence, the charter said "no ex post facto law" can affect its terms and conditions.

Oh, to be a fly on the wall when someone realizes that.

 

[LAKid53]

They’re probably checking elevators in Miami…all two of them…I’m sure their sole focus is to respond to emergencies not routine inspections, but ok

Road construction on major highways in the state, especially construction that would close most of the lanes or on/off ramps, is conducted at night. If construction progress that evening needs inspection before the next step, I'm sure an inspector is available. The state doesn't want to amend contracts to add days to completion due to delays. And yes, I know delays are written into the contract. But it costs $$$.

 

[LAKid53]

Didn‘t RCID already have a form of development agreement with Disney? Wasn‘t there already a comprehensive plan approved by the board?

I believe we're talking about the charter that created the district, not the development agreement.

 

[lazyboy97o]

If statute exists at the time of the charter execution, does the charter have the power to supercede existing state statute? Only the Florida Legislature.. and the courts...can amend existing statute. The charter would have to contain language that would specifically exempt the entity created.

The charter is a statute written by the legislature and signed by the governor. The original charter did have language exempting it from certain existing laws. It also had a provision exempting it from future laws that created conflict with the charter, unless the charter/statute was specifically amended or repealed.

In this case, the original district charter had its own requirements for public notices, public hearings and how the Board of Supervisors were to conduct their business. If Chapter 163 doesn’t amend the charter, then it seems that it’s public notice requirements may conflict with the charter’s and per the charter it’s rules are the ones to be follow.

This is why I find it curious that the legislative findings don’t seem to make a lot of reference to the original enabling legislation.

 

[LAKid53]

There was a comprehensive plan but I don’t believe there were development agreements since Disney didn’t really need one.

I believe the bone of contention with the new board is the development plan adopted at the February 8th meeting. It was the last item on the agenda for that meeting.

 

[Smiley/OCD]

Road construction on major highways in the state, especially construction that would close most of the lanes or on/off ramps, is conducted at night. If construction progress that evening needs inspection before the next step, I'm sure an inspector is available. The state doesn't want to amend contracts to add days to completion due to delays. And yes, I know delays are written into the contract. But it costs $$$.

Ok, so you want to pull inspectors that work on roads overnight that affect MILLIONS of Floridians to inspect monorails at Disney? That should get a whole new group of citizens pi**ed off at Ron…

 

[LAKid53]

The charter is a statute written by the legislature and signed by the governor. The original charter did have language exempting it from certain existing laws. It also had a provision exempting it from future laws that created conflict with the charter, unless the charter/statute was specifically amended or repealed.

In this case, the original district charter had its own requirements for public notices, public hearings and how the Board of Supervisors were to conduct their business. If Chapter 163 doesn’t amend the charter, then it seems that it’s public notice requirements may conflict with the charter’s and per the charter it’s rules are the ones to be follow.

This is why I find it curious that the legislative findings don’t seem to make a lot of reference to the original enabling legislation.

I'm not a mind reader, but I'm wondering if whoever prepared that analysis for the new board thought that SB-9B did just that. Repealed the entire Charter. That's a major oversight on their part.

 

[UNCgolf]

Also wouldn’t everyone just prefer them to replace the monorails with the sky liner at this point?

Good god no. The Skyliner is awful.

Replacing the monorail with some kind of efficient resort wide mass transit (light rail?) would be okay, though.

 

[LAKid53]

Ok, so you want to pull inspectors that work on roads overnight that affect MILLIONS of Floridians to inspect monorails at Disney? That should get a whole new group of citizens pi**ed off at Ron…

Did I say that? I'm just saying that inspectors do work outside of 8-5. As do other state employees.

 

[tissandtully]

Good god no. The Skyliner is awful.

What’s it’s like to be completely wrong?

 

[UNCgolf]

What’s it’s like to be completely wrong?

I wouldn't know; it hasn't happened yet!

 

[peter11435]

No, FDOT will send the inspectors that work the midnight to 8AM shift.

But why would they do this? Ask yourself why are they sending inspectors at all? It’s not about safety.

 

[lazyboy97o]

I'm not a mind reader, but I'm wondering if whoever prepared that analysis for the new board thought that SB-9B did just that. Repealed the entire Charter. That's a major oversight on their part.

HB-9B did replace the entirety of the previous charter, but it was not law at the time the agreements were entered into. A number of the legislative findings are in reference to HB-9B which suggests they are trying to apply it instead of the previous charter.

 

[mikejs78]

If statute exists at the time of the charter execution, does the charter have the power to supercede existing state statute? Only the Florida Legislature.. and the courts...can amend existing statute. The charter would have to contain language that would specifically exempt the entity created.

 

[LAKid53]

HB-9B did replace the entirety of the previous charter, but it was not law at the time the agreements were entered into. A number of the legislative findings are in reference to HB-9B which suggests they are trying to apply it instead of the previous charter.

I've argued that HB-9B repealed the entirety of Chapter 67, but have been shot down. And that at the time of the execution of the Development Agreement on February 8, 2023, neither the OCTOD or its Board of Supervisors existed, so they could not have been a party to the Agreement at the time of its execution.

Chapter 163 didn't create RCID. It was done under the provisions of Chapter 298.

 

[LAKid53]

View attachment 712524

And the Board hasn't argued this point?