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

Sirwalterraleigh

Premium Member
No, the way this contract is written, the district has become a vassal of Disney.

Disney gets to build whatever projects it wants without input from the district, and the district must build and pay for the infrastructure to support those projects. Otherwise, Disney will take them to court for breach.

This development agreement completely flips the traditional relationship between local government and business.
Ummm…ever been to walt Disney world?

It was built under a special agreement JUST like this one 👍🏻

I hear it’s worked “ok”
 

mikejs78

Premium Member
Disney gets to build whatever projects it wants without input from the district, and the district must build and pay for the infrastructure to support those projects.

I mean, the Reedy Creek charter and even the new charter state that the board is there to serve the interests of the landowners of the district. All funds have to benefit those landowners. Increased tax revenue is meaningless in a special district because all of the tax revenue is supposed to go to improvements needed by the landowner. It's the whole point of a special district.
 

GoofGoof

Premium Member
These types of agreements aren’t new. Universal said they wanted a bridge and Orlando had to build it because that’s the structure of their agreement. They have agreements to get other services as well. There’s no point to a development agreement if at any time the local government can effectively renege by not providing required services.
I would assume that most development agreements are structured similarly. So if the state prevails and the contract is voided then a lot of other development agreements are at risk too. These agreements are designed to encourage investment and growth in the state, especially around tourism and voiding them could make others pause potential investment in the state. So In their desperate, scorched Earth approach to win at all costs vs Disney these clowns could seriously hurt the economy of the state in the long run.
 

Sirwalterraleigh

Premium Member
I mean, the Reedy Creek charter and even the new charter state that the board is there to serve the interests of the landowners of the district. All funds have to benefit those landowners. Increased tax revenue is meaningless in a special district because all of the tax revenue is supposed to go to improvements needed by the landowner. It's the whole point of a special district.
….and if that district is full of ridiculous high end retail…it generates about a BILLION in state and local sales tax a year…

…I mean they’re really sticking it to the state and counties, ain’t they?
 
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Sirwalterraleigh

Premium Member
The increased tax revenue will be consumed by the infrastructure the district was required to build, and the land the district the was required to purchase.

The district nets nothing out of this. Per the district's charter, they can't:

Section 24. Ad valorem taxes.—The board of supervisors shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the district to pay the principal of and interest on any general obligation bonds of the district, to provide for any sinking or other funds established in connection with any such bonds, and to finance and defray the cost of any of the projects or activities of the district authorized by the provisions of this act or under law, provided that the district's ad valorem taxing authority shall be limited to serving or benefitting the property owners of the district.

Any ad valorem taxes collected by the district has to be poured back into the district to "benefit the property owners of the district", i.e. Disney.
It’s a tourism district that pumps tax money out in a state that stupidly doesn’t want to collect them…

I don’t see the “problem” there? Why should reedy creek make a dime? That isn’t the point and it benefits all parties
 

jinx8402

Well-Known Member
The increased tax revenue will be consumed by the infrastructure the district was required to build, and the land the district the was required to purchase.

The district nets nothing out of this. Per the district's charter, they can't:

Section 24. Ad valorem taxes.—The board of supervisors shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the district to pay the principal of and interest on any general obligation bonds of the district, to provide for any sinking or other funds established in connection with any such bonds, and to finance and defray the cost of any of the projects or activities of the district authorized by the provisions of this act or under law, provided that the district's ad valorem taxing authority shall be limited to serving or benefitting the property owners of the district.

Any ad valorem taxes collected by the district has to be poured back into the district to "benefit the property owners of the district", i.e. Disney.
I'm not sure what you are suggesting here? That the district should be able to tax and not use that to do the things that it was specifically set up for? The district was set up to provide the municipal services for the landowners within it, largely made up of a singular company.
 

mikejs78

Premium Member
The increased tax revenue will be consumed by the infrastructure the district was required to build, and the land the district the was required to purchase.

The district nets nothing out of this. Per the district's charter, they can't:

Section 24. Ad valorem taxes.—The board of supervisors shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the district to pay the principal of and interest on any general obligation bonds of the district, to provide for any sinking or other funds established in connection with any such bonds, and to finance and defray the cost of any of the projects or activities of the district authorized by the provisions of this act or under law, provided that the district's ad valorem taxing authority shall be limited to serving or benefitting the property owners of the district.

Any ad valorem taxes collected by the district has to be poured back into the district to "benefit the property owners of the district", i.e. Disney.

Right - so what could Disney even offer in way of consideration given the District's charter? That's the point of special districts.
 

castlecake2.0

Well-Known Member
Original Poster
No, the way this contract is written, the district has become a vassal of Disney.

Disney gets to build whatever projects it wants without input from the district, and the district must build and pay for the infrastructure to support those projects. Otherwise, Disney will take them to court for breach.

This development agreement completely flips the traditional relationship between local government and business.
That’s pretty much how the district has always operated and was designed to operate, to serve the landowners of the district, not, as the new board keeps trying to imply, the greater central Florida region.
 

GoofGoof

Premium Member
The increased tax revenue will be consumed by the infrastructure the district was required to build, and the land the district the was required to purchase.

The district nets nothing out of this. Per the district's charter, they can't:

Section 24. Ad valorem taxes.—The board of supervisors shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the district to pay the principal of and interest on any general obligation bonds of the district, to provide for any sinking or other funds established in connection with any such bonds, and to finance and defray the cost of any of the projects or activities of the district authorized by the provisions of this act or under law, provided that the district's ad valorem taxing authority shall be limited to serving or benefitting the property owners of the district.

Any ad valorem taxes collected by the district has to be poured back into the district to "benefit the property owners of the district", i.e. Disney.
The district exists to serve the landowners of the district. Why would they net anything? If they did what would they do with the funds? This isn’t a general local government that exists to serve citizens whether land owners or not.
 

Sirwalterraleigh

Premium Member
A special district is supposed to oversee land development, not the other way around. The way this development contract is written, the district is now subservient to Disney. Regulatory powers have been granted to Disney. This is a violation of the Nondelegation Doctrine and is outlined in Count VI of the CFTOD complaint.
And it was a puppet district before…
That was the whole point. They’re flipping it because some vagabonds are trying to use them to make quick bucks

Everyone needs to understand this: disney insisted control to develop the nothing that was central Florida…
…in exchange…is spurred ridiculous rapid growth and created one of the biggest/most lucrative tourist regions in the known universe…

…what aren’t we following?
 

GoofGoof

Premium Member
A special district is supposed to oversee land development, not the other way around. The way this development contract is written, the district is now subservient to Disney. Regulatory powers have been granted to Disney. This is a violation of the Nondelegation Doctrine and is outlined in Count VI of the CFTOD complaint.
By that logic a large number of these types of development agreements should be void then. Universal was brought up as one example. I’m sure there are more. In the past the government was actually interested in stimulating the economy and attracting business. That’s why RCID was first agreed to and I’m sure why Universal and others have an agreement as well. Maybe the state should just declare all development agreements void. Then they avoid being accused of singling out Disney for retaliation.
 

GoofGoof

Premium Member
I was simply responding to a comment that:

In the end, Disney would be "demanding" to pay more taxes in such a scenario. Hardly a negative for the District.

This comment specified the district. Ad valorem tax collected by the district benefits landowners of the district, i.e. Disney.

The important point to remember is that the state and county should benefit from increased sales tax revenue.
The underlined is a true statement. Disney demanding more in service and then paying more in taxes is not a negative for the district. It’s not a positive either it’s just business as usual. The district doing what it’s intended to do. The state benefits from sales tax as well corporate income tax and the county residents benefit by not having to provide (pay for out of their budget) some services that RCID provides.
 

Chip Chipperson

Well-Known Member
The increased tax revenue will be consumed by the infrastructure the district was required to build, and the land the district the was required to purchase.

The district nets nothing out of this. Per the district's charter, they can't:

Section 24. Ad valorem taxes.—The board of supervisors shall have the power to levy and assess an ad valorem tax on all the taxable real and tangible personal property in the district to pay the principal of and interest on any general obligation bonds of the district, to provide for any sinking or other funds established in connection with any such bonds, and to finance and defray the cost of any of the projects or activities of the district authorized by the provisions of this act or under law, provided that the district's ad valorem taxing authority shall be limited to serving or benefitting the property owners of the district.

Any ad valorem taxes collected by the district has to be poured back into the district to "benefit the property owners of the district", i.e. Disney.
The District isn't set up to benefit in any way other than for the benefit of the landowners and to promote tourism. Disney building a new hotel, park, shopping, etc. serves that purpose. There's no profit to be made by the District.
 

GoofGoof

Premium Member
As described in the complaint, the agreement delegates to Disney regulatory authority that is reserved to the government.

The concept of the nondelegation doctrine is that government regulatory authority cannot be delegated to private entities.

It's one thing to say, "You build but I reserve the right to inspect and approve." This development agreement is not like a typical development agreement. It takes those government powers away from the district.
I haven’t seen enough development agreements to know if that is unique. How does the Universal one work?
 

scottieRoss

Well-Known Member
A special district is supposed to oversee land development, not the other way around. The way this development contract is written, the district is now subservient to Disney. Regulatory powers have been granted to Disney. This is a violation of the Nondelegation Doctrine and is outlined in Count VI of the CFTOD complaint.
no, the way the contract was written, the District already did their land planning and agreed to it with Disney. That is the point of the Agreement and any other LDA.
And as for consideration, we just have to look to the contract. "In consideration of the mutual terms, covenants, and conditions contained herein, and other good and valuable consideration"
 

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