Please refer to here:
Ballotpedia: The Encyclopedia of American Politics
ballotpedia.org
In
Carter v.
Carter, “The court held in part that the Bituminous Coal Conservation Act of 1935 violated the nondelegation doctrine because Congress delegated legislative power to a private industry group.”
Okay, I heard back from some people and I think I know what you're getting at.
In the state's lawsuit, Count VI on page 24 says this:
I highlighted "discretionary legislative power" because I was told
that is an unusual phrase
In fact, it appears in
exactly once Florida case:
Morgran Company vs Orange County (2002)
Page 643, paragraph 4 of that ruling seems to hint where the state is going with this:
Okay, so what the court is saying here is that Orange County couldn't enter into this developer agreement and promise
whatever for zoning requirements, because in future disputes it would have already bound itself to a decision.
BUT (there's always a but), my lawyer friends point out that
Orange County is not a special district. (You knew that was going to come into play,
@ParentsOf4. You just knew it.)
There's no clear-cut case involving special districts and FL 163.3227 for delegation, but since special districts are not legislative bodies under Florida law, the developer agreement might not be subject to the discretionary legislative authority claim. Or so I'm told.
It's also worth noting that the "novel and experimental" nature of RCID is explicitly mentioned in the RCID charter, and that SDs are encouraged to try new development approaches to guard against future uncertainty. I expect that to come up in any Disney response.