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

[Andrew C]

She does not report to the Governor

Didn't say that...although they obviously coordinate on a number of issues and priorities..

She was not nominated by the governor nor confirmed by the Florida Senate.

Didn't say that...

She doesn't need approval of the governor to take legal action

Didn't say that...

Cabinet members have disagreed in the past and not "taken the governor's side"

That is not going to happen here..

he's not her boss.

Didn't say that...

 

[LAKid53]

It's almost dizzying to watch them run in circles on all this stuff. Ron owned this thing in every way possible until a lawsuit is filled and suddenly he is just an innocent, poor, downtrodden governor who had nothing to do with this. All he did was sign the laws the mean ol' legislature gave him.

I am sure Trump's ad team is looking forward to using these types of public backtracking in attack ads.

SB 1604 is at his direction. HB 1557 was at his direction. SB-4C and SB-9B were at his direction. Anyone thinking otherwise isn't paying attention. And he's being sued, not as a private person, but in his official capacity as the Governor of the State of Florida.

 

[Fljay73]

WDW is filing a Federal Lawsuit based on the Conservative US Supreme Court ruling (5-4) that Corporate Free Speech is protected. They are not arguing anything about state law & that the Governor & the state of Florida is targeting them because of their Right to Free Speech.

 

[GrumpyFan]

If we are to take AG Moody at her word, it would seem that at least a portion of the state's defense will be that DeSantis, in his official capacity as governor, didn't initiate any retaliatory actions against Disney.

Considering the passages from DeSantis' book Disney cites in their complaint, I can't see that argument holding up too well, unless they can get the judge to accept the premise that even though DeSantis more or less "asked" the legislature to dissolve RCID, he wasn't the one who actually did it; he just signed the bill the legislature presented him.

An uphill battle, but they have to present something as a defense.

Also, as pointed out by the suit, Desantis convened a special session of congress to specifically address the battle with Disney.
Someone correct me if I'm wrong, but wasn't there a second session this year as well?
If so, they have spent a LOT of taxpayer money in this fight.

 

[Brian]

If we are to take AG Moody at her word, it would seem that at least a portion of the state's defense will be that DeSantis, in his official capacity as governor, didn't initiate any retaliatory actions against Disney.

Considering the passages from DeSantis' book Disney cites in their complaint, I can't see that argument holding up too well, unless they can get the judge to accept the premise that even though DeSantis more or less "asked" the legislature to dissolve RCID, he wasn't the one who actually did it; he just signed the bill the legislature presented him.

An uphill battle, but they have to present something as a defense.

I don't want to edit the post quoted as it already has some "likes" and those people who "liked" the original might not like this additional thought:

I'm not a lawyer, nor do I play one on TV, so I can only speculate as to if there is a distinction in any relevant case law or statute which would make a distinction between DeSantis privately asking the legislature to pass a bill eliminating RCID, and DeSantis taking executive action to eliminate RCID (without the legislature's involvement). Of course, the latter would be squarely on him, but the former (which is what happened) is a little more nuanced. While he was under no obligation to sign the legislation into law, he was under no obligation to veto it either. The state will likely argue that he was merely fulfilling his constitutional obligation of acting upon a bill presented to him by the legislature.

If the state can successfully make the case that the former is different from the latter, and that DeSantis didn't initiate any retaliatory actions against Disney, the state might be able to prevail because the legislature is not named. If I'm not mistaken, they can't be.

None of this to say that it's a slam dunk argument. It's a stretch.

 

[Vacationeer]

There is a vocal/noisy minority of people that refer to this legal back and forth between Florida and Disney as "outrage" when most people see it as a simple distraction and are focused on living their lives.

True. My sister basically said just that when she responded to the D vs D suit yesterday with ‘OK who cares?’

I said the escalation could impact our experience at WDW. Also impacts people who like the constitution.

For background, her family is joining us this year at Poly DVC this December. Monorail to MK and Epcot could be impacted. Maybe higher taxes during the trip, specifically targeted to WDW guests. If these were born just the past 2 weeks, what else may change between now and December? Also, she works in a law office.

Point being average citizens outside Florida aren’t really motivated to understand all that’s going on here. imo Disney‘s restrained response has been a great strategy.

 

[flynnibus]

WDW is filing a Federal Lawsuit based on the Conservative US Supreme Court ruling (5-4) that Corporate Free Speech is protected. They are not arguing anything about state law & that the Governor & the state of Florida is targeting them because of their Right to Free Speech.

Hi new member! Before posting about the lawsuit, you might want to actually read it.

Because you're wrong... on many counts.

 

[Andrew C]

I don't want to edit this post as it already has some "likes" and those people who "liked" the original might not like this additional thought:

I'm not a lawyer, nor do I play one on TV, so I can only speculate as to if there is a distinction in any relevant case law or statute which would make a distinction between DeSantis privately asking the legislature to pass a bill eliminating RCID, and DeSantis taking executive action to eliminate RCID (without the legislature's involvement). Of course, the latter would be squarely on him, but the former is a little more nuanced. While he was under no obligation to sign the legislation into law, he was under no obligation to veto it either.

If the state can successfully make the case that the former is different from the latter, and that DeSantis didn't initiate any retaliatory actions against Disney, the state might be able to prevail because the legislature is not named.

None of this to say that it's a slam dunk argument. It's a stretch, to say the least.

I would be surprised if this is even going to be an argument...but, could be wrong...

 

[Brian]

I would be surprised if this is even going to be an argument...but, could be wrong...

What do you think it will be? They have to come up with something. They can't just show up to court and say "We have no objections, your honor."

 

[JohnD]

She is a member of the Florida cabinet which is part of the executive branch...she is going to speak on behalf of the administration when they deem appropriate. You may not like it, or like her arguments, but it is common...

Not necessarily, by being separately elected to a statewide office, she is not part of a "Governor's Agency" and not bound to the Governor's point of view. I agree that, her being of the same party, she is more likely to agree with him but is also not beholden to his point of view either. Before current Commissioner of Agriculture Milton Simpson took office, the prior Commissioner was Nikki Fried, a Democrat. You can be sure she didn't agree with Governor DeSantis on anything.

 

[LAKid53]

I find it almost laughable that AG Moody is alleging that DeSantis bears no responsibility. The governor's budget is presented to the Legislature in January or February. That budget includes legislative initiatives. The governor's office of legislative affairs will draft proposed bills and find a sympathetic member of the Legislature to introduce it to the appropriate committee.

Furthermore, the governor can call the Legislature into special session.

DeSantis Calling Special Session to Punish Disney for Opposing Anti-LGBTQ Law

Ron DeSantis is calling for a special legislative session to finalize the Florida government’s decision to revoke Disney's special tax status.

www.rollingstone.com

 

[flynnibus]

The state will likely argue that he was merely fulfilling his constitutional obligation of acting upon a bill presented to him by the legislature.

He is not constitutionally obligated to agree to a bill presented to him. As the executive branch he has veto power in the FL constitution.

SECTION 8. Executive approval and veto.—
(a) Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, the governor shall have fifteen consecutive days from the date of presentation to act on the bill. In all cases except general appropriation bills, the veto shall extend to the entire bill. The governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates.

 

[LAKid53]

Not necessarily, by being separately elected to a statewide office, she is not part of a "Governor's Agency" and not bound to the Governor's point of view. I agree that, her being of the same party, she is more likely to agree with him but is also not beholden to his point of view either. Before current Commissioner of Agriculture Milton Simpson took office, the prior Commissioner was Nikki Fried, a Democrat. You can be sure she didn't agree with Governor DeSantis on anything.

Bingo

 

[Andrew C]

What do you think it will be? They have to come up with something. They can't just show up to court and say "We have no objections, your honor."

ehh...Not really sure, I am not a legal expert. It will be...something...

 

[Chip Chipperson]

Here's an article about that.

"Florida’s Attorney General doesn’t understand why Ron DeSantis is a defendant in Disney’s lawsuit against the state.

In comments made on Fox & Friends, Ashley Moody said she was stumped about why DeSantis was named, even though the Governor has spent weeks trashing and targeting the entertainment company in speech after speech.

She suggested that even though the Governor signed legislation changing Disney’s special district, he somehow wasn’t responsible.

“You know, it was the Florida Legislature and the Central Florida Oversight Board (SIC) that took actions that effectively eliminated special privileges or a self-governing authority of Disney,” Moody said.

“So it puzzled me, and you wonder if it was an attempt by Disney, maybe to put pressure on this Governor to shut him up, to make him stop talking about these privileges or maybe stop talking about their change in approach to kids,” she speculated, referring to the company opposing 2022’s Parental Rights in Education law."

Full article below.

Ashley Moody ‘puzzled’ by Disney naming Ron DeSantis in its lawsuit against the state

The AG said Disney was putting 'pressure on this Governor to shut him up.'

floridapolitics.com

Is she seriously trying to get sympathy for DeSantis by crying about how big mean Disney is trying to silence him?!?!?

 

[Brian]

He is not constitutionally obligated to agree to a bill presented to him. As the executive branch he has veto power in the FL constitution.

SECTION 8. Executive approval and veto.—
(a) Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, the governor shall have fifteen consecutive days from the date of presentation to act on the bill. In all cases except general appropriation bills, the veto shall extend to the entire bill. The governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates.

I understand that. As I said:

While he was under no obligation to sign the legislation into law, he was under no obligation to veto it either. The state will likely argue that he was merely fulfilling his constitutional obligation of acting upon a bill presented to him by the legislature.

The only thing he could have done differently to separate himself from the situation is take no action on the bill, and let it become law without his signature.

 

[Andrew C]

Not necessarily,

But in the reality of which we live...

 

[Chip Chipperson]

Not being responsible for a legal document you signed in your capacity as an elected official is a really fascinating legal defense. Let’s see how it plays.

In his defense, he  was double dog dared to sign it. He had no other options.

 

[JohnD]

I find it almost laughable that AG Moody is alleging that DeSantis bears no responsibility. The governor's budget is presented to the Legislature in January or February. That budget includes legislative initiatives. The governor's office of legislative affairs will draft proposed bills and find a sympathetic member of the Legislature to introduce it to the appropriate committee.

Furthermore, the governor can call the Legislature into special session.

DeSantis Calling Special Session to Punish Disney for Opposing Anti-LGBTQ Law

Ron DeSantis is calling for a special legislative session to finalize the Florida government’s decision to revoke Disney's special tax status.

www.rollingstone.com

View attachment 712927

I noticed that too. She seemed perplexed that the Legislature wasn't named in the suit. Why, they were the ones who passed the bills. Her argument seemed to be that the Governor responded with his own freedom of speech which didn't hinder anyone. Don't shoot the messenger. I'm only interpreting her argument here.

 

[LAKid53]

Also, as pointed out by the suit, Desantis convened a special session of congress to specifically address the battle with Disney.
Someone correct me if I'm wrong, but wasn't there a second session this year as well?
If so, they have spent a LOT of taxpayer money in this fight.

There was a special session in February, prior to the start of the regular session in March. That special session passed HB-9B, which the governor signed into law on February 27th of this year.

The "B" in the bill number indicates the bill came out of a special, not regular, session. And yes, the governor called the Legislature into special session.