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

[peter11435]

I agree, but it looks like that is the plan they are going to follow. Unless the legislature stands up to the guy having a tantrum and refuses to vote on the bill.

The legislature is just as responsible if not more so for this tantrum.

 

[mikejs78]

Did FL have a mechanism under state law for the enactment of a development agreement in 1967? IIRC the agreement cited to section 163, which has specific notification provisions.

It doesn't matter based on this provision.

 

[LAKid53]

Did FL have a mechanism under state law for the enactment of a development agreement in 1967? IIRC the agreement cited to section 163, which has specific notification provisions.

Yes, there are other provisions in Chapter 163 that address development agreements as part of a governmental comprehensive plan. It would be in Part II of the Chapter.

 

[LAKid53]

It doesn't matter based on this provision.

Which provision?

 

[GoofGoof]

Did FL have a mechanism under state law for the enactment of a development agreement in 1967? IIRC the agreement cited to section 163, which has specific notification provisions.

It doesn’t matter if it was passed before or after RCID charter was passed. Both are covered here:

Florida Statutes, and amendments thereto, shall not be applicable to the Reedy Creek Improvement District. In the event of a conflict between the provisions of this Act and the provisions of any other law, now existing or hereafter enacted, the provisions of this Act shall control to the extent of any such conflict unless such enactment shall specifically repeal or
amend the provisions of this Act.

So if RCID notification requirements conflict with another statute (existing or hereafter enacted), the RCID statute controls unless the other statute repealed or amended the RCID act.

From what Len posted earlier the RCID charter did not require notice. From the original RCID charter:

(d) To provide for the manner in which such comprehensive general plans, codes, regulations and restrictions shall be determined, established and enforced, and from time to time amended, supplemented, changed or repealed, with or without notice and public hearing, as the Board of Supervisors may

 

[mikejs78]

Which provision?

It doesn’t matter if it was passed before or after RCID charter was passed. Both are covered here:

Florida Statutes, and amendments thereto, shall not be applicable to the Reedy Creek Improvement District. In the event of a conflict between the provisions of this Act and the provisions of any other law, now existing or hereafter enacted, the provisions of this Act shall control to the extent of any such conflict unless such enactment shall specifically repeal or
amend the provisions of this Act.

So if RCID notification requirements conflict with another statute (existing or hereafter enacted), the RCID statute controls unless the other statute repealed or amended the RCID act.

From what Len posted earlier the RCID charter did not require notice. From the original RCID charter:

(d) To provide for the manner in which such comprehensive general plans, codes, regulations and restrictions shall be determined, established and enforced, and from time to time amended, supplemented, changed or repealed, with or without notice and public hearing, as the Board of Supervisors may

 

[lazyboy97o]

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.

It replaced the language but it reconfigured the actual district. The board did exist. They had to keep the district to not infringe on the bonds.

I cannot believe the $795/hour lawyers the Board hired missed this critical fact.

I don’t think they missed it.

 

[GoofGoof]

The legislature is just as responsible if not more so for this tantrum.

Agreed, but they may be more likely to give up. For DeSantis it’s personal and he already said he won’t let it go, ever….until he wins.

 

[mikejs78]

Agreed, but they may be more likely to give up. For DeSantis it’s personal and he already said he won’t let it go, ever….until he wins.

I think many in the legislature would just like to be done with this, but they are scared of DeSantis.

 

[LAKid53]

It doesn’t matter if it was passed before or after RCID charter was passed. Both are covered here:

Florida Statutes, and amendments thereto, shall not be applicable to the Reedy Creek Improvement District. In the event of a conflict between the provisions of this Act and the provisions of any other law, now existing or hereafter enacted, the provisions of this Act shall control to the extent of any such conflict unless such enactment shall specifically repeal or
amend the provisions of this Act.

So if RCID notification requirements conflict with another statute (existing or hereafter enacted), the RCID statute controls unless the other statute repealed or amended the RCID act.

From what Len posted earlier the RCID charter did not require notice. From the original RCID charter:

(d) To provide for the manner in which such comprehensive general plans, codes, regulations and restrictions shall be determined, established and enforced, and from time to time amended, supplemented, changed or repealed, with or without notice and public hearing, as the Board of Supervisors may

Notice requirement

 

[peter11435]

I think many in the legislature would just like to be done with this, but they are scared of DeSantis.

Which is ironic since they are enabling him

 

[Notypeo]

I don't doubt that TDC is re-evaluating future plans. If you look at the trend for new sport stadiums, it's for "less capacity." They can make a larger ROI with a smaller footprint. Something I think could be applied to theme parks, boutique small parks at more than one location and charge a hell of a price.

I strongly suspect that there have been people inside the company pushing to go in this direction — multi-site boutique experiences. Starcruiser is one model, but just one. The RCID fiasco has surely strengthened the hand of people pushing for smaller, more exclusive (read, expensive) regional parks. Regardless of the company’s ultimate intentions, at some point it might leak that it’s inclined to move in this direction in order to put some pressure on the Florida powers-that-be.

 

[crazistevo]

I certainly believe the Disney lawyers dotted all the i's and crossed all the t's since the governor kindly gave them months of notice. The current board is grasping at straws hoping for a miracle or some sort of hail mary from the Florida legislators.. Personally, I wouldn't trust the current boards to oversee a lemonade stand at a garage sale..

 

[GoofGoof]

Here is the full language from the charter:

(3) Comprehensive Planning; Building and Safety Codes. The Board of Supervisors shall have the power: (a) To adopt, and from time to time review, amend, supplement or repeal, a comprehensive general plan for the physical development of the area within the District in accordance with the objectives and purposes of this Act. (b) To adopt, and from time to time review, amend, supplement or repeal codes regulating building safety, elevators, es calators and similar devices, the prevention of fire hazards, plumbing and electrical installations, the operation of amusement and recreation parks and facilities, water supply wells and drainage wells, and such other safety or sanitary codes as the Board of Supervisors may determine to be necessary or desirable. (c) To prohibit the construction, alteration, repair, removal or demolition, or the commencement of the construction, alteration, repair (excepting emergency repairs), removal or demolition, of any building or structure, including but not by way of limitation public utility poles, lines, pipes and facilities, without first obtaining a permit from the Board of Supervisors or such other officer or agency as the Board may designate, and and to prescribe the procedure with respect to the obtaining of such permit. ( d) To provide for the manner in which such comprehensive general plans, codes, regulations and restrictions shall be de termined, established and enforced, and from time to time amended, supplemented, changed or repealed, with or without notice and public hearing, as the Board of Supervisors may determine.

 

[GoofGoof]

I certainly believe the Disney lawyers dotted all the i's and crossed all the t's since the governor kindly gave them months of notice. The current board is grasping at straws hoping for a miracle or some sort of hail mary from the Florida legislators.. Personally, I wouldn't trust the current boards to oversee a lemonade stand at a garage sale..

Yes, it did seem unlikely that they would fumble such an obvious thing like mailing notice to a handful of landowners if it was required. People keep doubting Disney and their lawyers and they keep proving to be one or two or ten steps ahead.

 

[Chi84]

Yes, it did seem unlikely that they would fumble such an obvious thing like mailing notice to a handful of landowners if it was required. People keep doubting Disney and their lawyers and they keep proving to be one or two or ten steps ahead.

I don’t think lawyers from either side missed anything. If certain steps weren’t taken recently there was a reason for it.

At this point it’s too difficult to predict what either party will do although it’s fun to speculate.

 

[Kamikaze]

I cannot believe the $795/hour lawyers the Board hired missed this critical fact.

They need to keep earning that money. Saying ‘they got you, sorry’ doesn’t do that.

Plus a lot of the crap arguments were from the local attorneys, not the guy from Cooper & Kirk.

 

[LAKid53]

It replaced the language but it reconfigured the actual district. The board did exist. They had to keep the district to not infringe on the bonds.

Language in HB-9B specifically addressed the bonds...

"In no way shall the district's renaming under this act affect any existing agreements, bonds, or other instruments of indebtedness, liabilities, assets, rights, or obligations of the district. All lawful debts, bonds, obligations, contracts, franchises, promissory notes, audits, minutes, resolutions, 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 in accordance with their respective terms, conditions, and covenants."

SB-1604, which intends to invalidate the development agreement signed on February 8th, doesn't address that portion of HB-9B that is now law - Chapter 2023-5.

Therefore the Legislature is creating a conflict in law.

 

[GoofGoof]

Language in HB-9B specifically addressed the bonds...

"In no way shall the district's renaming under this act affect any existing agreements, bonds, or other instruments of indebtedness, liabilities, assets, rights, or obligations of the district. All lawful debts, bonds, obligations, contracts, franchises, promissory notes, audits, minutes, resolutions, 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 in accordance with their respective terms, conditions, and covenants."

SB-1604, which intends to invalidate the development agreement signed on February 8th, doesn't address that portion of HB-9B that is now law - Chapter 2023-5.

Therefore the Legislature is creating a conflict in law.

These clowns literally passed a bill which validated the same development agreement (which is a contract) they are now furious about existing. You can’t make this stuff up

 

[crazistevo]

These clowns literally passed a bill which validated the same development agreement (which is a contract) they are now furious about existing. You can’t make this stuff up

I was standing in line with my daughter for Ratatouille, when the news broke the Disney made the agreements with the old board. It was hilarious reading all about it while standing in line and It's amazing what a strong legal department can do for you.