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

[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.

 

[flynnibus]

I understand that. As I said:

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.

or.. he could have... veto'd the bill in disagreement.

Disney isn't suing him for being governor... they are suing him for his explicit actions.

 

[Brian]

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

I triple dog dare him to give up this stupid fight, and get Floridians some property tax relief and fix I-4 between World Drive and Hwy 27.

 

[LAKid53]

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.

Not going to. I agree that's her argument, however specious it appears.

 

[DisneyDebRob]

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

Yes.

 

[GrumpyFan]

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.

It is interesting that the suit named the individuals directly involved.
Might that be another approach that Disney pursues if this one fails?
Sue the legislature AND the state?

 

[Brian]

It is interesting that the suit named the individuals directly involved.
Might that be another approach that Disney pursues if this one fails?
Sue the legislature AND the state?

I don't believe one can name the legislature in a lawsuit.

 

[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.

Charlie Crist didn't always agree with Jeb either...as the elected Education Commissioner or Attorney General.

I'd forgotten how many state jobs he held.

 

[Chip Chipperson]

I triple dog dare him to give up this stupid fight, and get Floridians some property tax relief and fix I-4 between World Drive and Hwy 27.

It seems as though the Governor doesn't recognize your authority to issue dares of any sort and, therefore, must ignore such a preposterous suggestion.