DeSantis appointed board outlines its reasons for declaring Disney's last Development Agreement with Reedy Creek null and void

Apr 24, 2023 in "Reedy Creek Improvement District"

Posted: Monday April 24, 2023 1:00pm ET by WDWMAGIC Staff

The Central Florida Tourism Oversight District Board of Supervisors will meet on Wednesday to declare the February 8, 2023, Development Agreement and Declaration of Restrictive Covenants entered into by the Reedy Creek Improvement District and Walt Disney Parks and Resorts void and unenforceable.

Ahead of the meeting, the board has released pages of legislative findings regarding the February 8 agreements that the Central Florida Tourism Oversight District will use to vote to nullify them.

Signed into effect on February 8, just as the Florida House passed the legislation to take control of Reedy Creek Improvement District, the new Developer Agreement gives Disney significant control of the RCID landing and prevents the new board making any changes to the agreement.

As previously mentioned by the board's lawyers at the last public meeting, much of the findings relate to Reedy Creek posting notices of the new Developer Agreement, including their timings and reaching all interested parties.

An example refers to Reedy Creek posting notices in the Orlando Sentinel.

Prior to the January 25 and February 8 Board meetings, the District published notices of intent to consider a development agreement in the Orlando Sentinel. The notices were published on January 18 and 27, respectively. The Orlando Sentinel is a newspaper of general circulation and readership in both Orange and Osceola Counties. Such notices published in the newspaper did not fully inform the public or other property owners of the purposes or contents of the development agreement and how other property owners and the taxpayers of the District were affected by such proposed agreement. 

The document goes on to say that "The benefits of the development agreement are entirely one-sided," and that, "The District receives nothing in return. The only theoretical benefit to the District in the text of the development agreement is that, when Disney obligates the District to construct public facilities that require land that Disney owns, Disney will not 'request payment for the land in excess of fair market value.'"

The final page of the legislative findings, point 92, is "Neither the development agreement nor the restrictive covenants are in the best interest of the District or the taxpayers or public, and the Board has no desire to readopt or ratify such instruments."

You can read the full text here, beginning on Page 8.

On Wednesday, the board will vote to approve the findings and will direct the litigation counsel to have Disney's agreements with Reedy Creek declared void and unenforceable and have them stricken from the public records of Orange and Osceola Counties.

Disney is yet to comment publically on the recent developments.

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peter1143512 minutes ago

By that logic why do we bother having elections for mayors and city councils? Why not just let the governor appoint those too. Why stop there. Just let the president appoint governors too. After all we got to elect the president so we still had a vote.

mikejs787 hours ago

There are many issues with FL law with what the state did. Trouble is the courts in FL are stacked with DeSantis appointees.

Disstevefan18 hours ago

On the other hand, the "residents" of RCID were hand picked by Disney. There were two little cul-de-sacks of mobile homes within the district and those were the hand picked residents of RCID.

JoeCamel8 hours ago

You elect the governor and they appoint the board so you still have a vote. In any case I think that would be a federal complaint not one tried in the state courts

tecowdw9 hours ago

On thing I've always wondered why it wasn't mentioned by Disney... The CFTOD board is 100% appointed by the State with no representation from the actual land owners within the municipality. They have no voting rights to pick who represents them on the board. Now I realize that was kind of the point of the whole political issue but how is that not unconstitutional - taxation without representation? Doesn't every municipality have to do general elections to pick their board representatives? Even RCID did that.

tecowdw9 hours ago

Just goes to show that the whole thing was just a political stunt. Now that the political steam has ran out on this issue, it actually operates like it is suppose to. A good sign that maybe CFTOD and Disney can live amicably after all. And I'm sure they definitely will once the remnants of Desantis and his original board cronies are all long gone and forgotten. It was always a given that Disney would be around long after those political individuals' "15 seconds of fame" ended. I wonder if Garcia, the vocal Disney critic, leaving the board was part of a back room deal to get Disney to drop their lawsuits and renegotiate the RCID development agreement. Maybe that's also how an experienced new administrator got put in place as well. I can't imagine Disney just relinquished all of it's lawsuits/agreements without ensuring they had something valuable in return since they are +80% of the district's tax base in land ownership. They just aren't that stupid! ;) At the end of the day, while Disney lost control of their municipality, it's in everyone's best interest to work together for the common goal of bringing tourist dollars in to the maximum potential. Central Florida could be a very different place had Disney not been able to expand their operations for 51 years with RCID.

GoneViral1 day ago

Happy days are here again.

MR.Dis1 day ago

I just read a report that the CFTOD meeting was a boring managing the district business, just like the old RCID days. No protests and very little attendance. No mention of the pending negotiation of the developement agreement.

DCBaker3 days ago

The agenda and documents for the CFTOD Board of Supervisors meeting is now available at the link below. Included in this packet are documents related to the FY2023 Annual Financial Statement presentation and an annual audit by Cherry Bekaert, LLP. As a head's up, the meeting has shifted an hour from previous times - it is scheduled to begin at 10:30am. https://www.oversightdistrict.org/wp-content/uploads/2024/04/BOS-Meeting-Packet-4-24-24-Final-P.pdf

flynnibus8 days ago

Looks to be moved https://www.oversightdistrict.org/wp-content/uploads/2024/04/BOS-Meeting-04-24-24-Agenda-Outline.pdf

wdwmagic8 days ago

Amazing, there is actually some real business on the agenda for a change.

DCBaker8 days ago

The agenda outline for the next CFTOD meeting on Wednesday, April 24 is available at this link*: https://www.oversightdistrict.org/wp-content/uploads/2024/04/BOS-Meeting-04-24-24-Agenda-Outline.pdf *Edited to update as the link was changed after posting (thanks @flynnibus!).

flyakite10 days ago

Batman'sParents13 days ago

Was curious about this: Is there an expectation that CFTOD will delegate some responsibilities to the cities as part of the understanding between the state and Disney?