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

[lazyboy97o]

Is it that Disney gets taxed for the land the tenants' businesses sit on, and passes the taxes onto them as part of their rent?

Yes, it’s pretty common in retail leases.

 

[flynnibus]

What Disney will have to argue is their Board selection was changed, while the others stayed as they were.

There were later bills to re-instate some of the other districts.. which I haven't spent time tracking down. Maybe one would see under what terms those were redone.. tho I think this is less critical to the argument, unless you find something like 'everyone went back to normal.. but RCID' or the like..

 

[flynnibus]

Doesn’t the injuction stop them from doing this? Has that not been granted yet?

This is exactly what I was worried they could do in the short term.

The courts aren't going to stop a government from being able to raise revenue for normal activities (which includes defending lawsuits).

 

[Patcheslee]

View attachment 713009

Hopefully the board are all abiding by Florida-in-the-Sunshine laws. Has the board been sworn in yet?

They haven't been confirmed yet.

 

[lazyboy97o]

Doesn’t the injuction stop them from doing this? Has that not been granted yet?

This is exactly what I was worried they could do in the short term.

There are processes that have to be followed. Any actions can also be challenged.

 

[Surferboy567]

If the board raises taxes can Disney add that to the suit? Since it negatively effects them and businesses.

This injunction needs to be granted soon this board can cause a lot of problems.

 

[RamblinWreck]

Though the Disney Springs tenants are collateral damage, higher taxes/dues are more or less a forgone conclusion of a costly legal fight for any CDD or HOA. I believe one member mentioned a few months ago that they sued their HOA and, though they won the case, ended up paying more that year in dues since the HOA had to defend against their lawsuit.

The money has to come from somewhere, and the CFTOD board can't tax only Disney, as much as I'm sure they'd like to.

I would be very impressed by Disney if they found a way to make up the difference for those businesses. It would be a huge PR win for them so maybe they’d consider it.

 

[Patcheslee]

There were later bills to re-instate some of the other districts.. which I haven't spent time tracking down. Maybe one would see under what terms those were redone.. tho I think this is less critical to the argument, unless you find something like 'everyone went back to normal.. but RCID' or the like..

HB13B & HB11B. The other districts included in the special session were allowed to continue their previous board selection methods.

 

[LAKid53]

I'm not certain, but the Orlando Business Journal (and WFTV, quoting them) seem to think they have the authority to do so.

DeSantis vs. Disney feud to cost Disney Springs businesses money

The Central Florida Tourism Oversight District board during its April 26 meeting said it plans to raise taxes within the district — which will affect Disney Springs tenants — to fund Gov. Ron DeSantis’ ongoing legal battle with Disney (NYSE: DIS).

www.wftv.com

But which taxes? The Board can't increase the corporate tax rate, only the Legislature can. How many of those retailers own the building they operate in? If they don't, then property tax is out.

Is Disney Springs OCTOD property or TWDC property? Who controls rent for those retail spaces? Basin White's space is in the Grand Floridian. OCTOD doesn't own the hotels.

It's a stupid plan. Dramatically increasing rents will mean smaller tenants will leave. Do they really want Basin, Homecomin' and the Landry's restaurants to leave?

 

[LAKid53]

Flamingo Crossings is also in the district

Yes it is.

 

[RamblinWreck]

All this arguing about the 1st A issues is well and good but can we at least acknowledge that the most likely scenario is a partial win for Disney on the contact law point and them being able to keep their contact?

I certainly don’t have the legal expertise to say.

But it does seem that if Disney loses or wins on the 1A issue that either result will have a significant effect on how governments within the US conduct themselves going forward. This case seems like a big deal to me.

 

[JoeCamel]

OK people, let go of the "RCID" references. When talking about current business / communications it is now with the Central Florida Tourism Oversight District (CFTOD for short). I know its hard and painful but time to move on. After all the legal wrangling and rhetoric is done it will be the CFTOD. Just saying.

Why? Is there a new sheriff in town?

 

[LAKid53]

It’s due to lease agreements.

That's rent, not a tax.

Again, what TAX on tenants who lease the retail space they occupy can the Board impose?

 

[LAKid53]

Yes, it’s pretty common in retail leases.

And Disney can decide to absorb that increase in ITS assessment.

It worries me when the chair of the Board makes an announcement, after hearing from worried tenants, that the District will "raise taxes" without specifics on which taxes and who pays them.

 

[Figgy1]

But which taxes? The Board can't increase the corporate tax rate, only the Legislature can. How many of those retailers own the building they operate in? If they don't, then property tax is out.

Is Disney Springs OCTOD property or TWDC property? Who controls rent for those retail spaces? Basin White's space is in the Grand Floridian. OCTOD doesn't own the hotels.

It's a stupid plan. Dramatically increasing rents will mean smaller tenants will leave. Do they really want Basin, Homecomin' and the Landry's restaurants to leave?

The last part was rhetorical, wasn't it?
Those being sued don't want one penny going to Disney They want to put Disney in the position of having to raise rents

 

[LAKid53]

HB13B & HB11B. The other districts included in the special session were allowed to continue their previous board selection methods.

Well, someone needs to tell Eastpoint it has a new charter. What's on its website is the one signed by Claude Kirk in 1967. But they did get the number of board members correct and who appoints them.

 

[mkt]

But which taxes?

Can the board enact a CFTOD sales tax?

 

[JohnD]

The meeting notes say the session was called to address a few districts. Which I wouldn't be surprised to see them argue RDIC wasn't singled out. What Disney will have to argue is their Board selection was changed, while the others stayed as they were.View attachment 713011

That special session was specifically called to address Congressional districts. Due to "germaneness", special districts created before the 1968 FL Constitution were added. Let's be honest. The entire point was to repeal RCID although other special districts were swept up in the special session.

 

[flynnibus]

Can the board enact a CFTOD sales tax?

no

 

[mkt]

no

Can they enact a City of Bay Lake or City of Lake Buena Vista sales tax?