Stripes
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Disney Spat Leaves DeSantis Few Options for Reedy Creek District
Disney’s Reedy Creek district—or something like it—will almost certainly be in place for the foreseeable future in Florida, either by court intervention or legislation. The question now is how much oversight the state will enjoy over this uniquely powerful and corporate-controlled district, says...
news.bloombergtax.com
“If Florida attempts to place Reedy Creek under state control, Disney will have a much stronger court case than if the state simply dissolved the district. Depending on who you ask, Disney already had a claim that dissolving the district was unconstitutional retaliation for protected speech in violation of the First Amendment. However, that claim was not entirely clear, as it would be unusual for a court to step in to say a state cannot dissolve one of its own subdivisions based on an alleged improper motive.
Disney’s right to elect its representatives is much stronger than its right to have Reedy Creek exist at all. Disney, as property owner, was granted the statutory right to elect the district’s board of supervisors. If Florida tried to replace it with state political appointees, the situation would go from the state managing its own subdivisions to the state taking away a landowner’s right to vote for its local representatives—an action courts are much more accustomed to stepping in to prevent. Florida cannot avoid this control issue by simply creating a new district with a different governing body, as the state Constitution would require Disney to approve any special district with taxing powers like Reedy Creek.”