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Beau of the Fifth Column: Let's talk about Disney and Desantis.... (Original Post)
TexasTowelie
Apr 2022
OP
Wild blueberry
(6,634 posts)1. Maybe corporations should be thinking "Don't donate to RepubliQans"
Make7
(8,543 posts)2. Is the law even Constitutional?
Last edited Sat Apr 23, 2022, 11:56 AM - Edit history (1)
(2) Notwithstanding s. 189.072(2), any independent special district established by a special act prior to the date of ratification of the Florida Constitution on November 5, 1968, and which was not reestablished, re-ratified, or otherwise reconstituted by a special act or general law after November 5, 1968, is dissolved effective June 1, 2023.
https://www.flsenate.gov/Session/Bill/2022C/4C/BillText/er/PDF
https://www.flsenate.gov/Session/Bill/2022C/4C/BillText/er/PDF
From the 1968 Florida Constitution:
ARTICLE I
SECTION 10. Prohibited laws.
No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed
ARTICLE XII
SECTION 6. Laws preserved.
(a) All laws in effect upon the adoption of this revision, to the extent not inconsistent with it, shall remain in force until they expire by their terms or are repealed.
...
SECTION 7. Rights reserved.
(a) All actions, rights of action, claims, contracts and obligations of individuals, corporations and public bodies or agencies existing on the date this revision becomes effective shall continue to be valid as if this revision had not been adopted. All taxes, penalties, fines and forfeitures owing to the state under the Constitution of 1885, as amended, shall inure to the state under this revision, and all sentences as punishment for crime shall be executed according to their terms.
SECTION 10. Prohibited laws.
No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed
ARTICLE XII
SECTION 6. Laws preserved.
(a) All laws in effect upon the adoption of this revision, to the extent not inconsistent with it, shall remain in force until they expire by their terms or are repealed.
...
SECTION 7. Rights reserved.
(a) All actions, rights of action, claims, contracts and obligations of individuals, corporations and public bodies or agencies existing on the date this revision becomes effective shall continue to be valid as if this revision had not been adopted. All taxes, penalties, fines and forfeitures owing to the state under the Constitution of 1885, as amended, shall inure to the state under this revision, and all sentences as punishment for crime shall be executed according to their terms.
IANAL, but that seems like all agreements continued to be legally binding post ratification of their current Constitution. So ending the contract(s) would depend on what mechanisms were in the original agreements, and not by the whim of the state government. (I would imagine. IANAL.)
Regardless, I doubt Florida will win this case in the courts - there are multiple ways to argue against it.
Beau is right - the government of Florida just told corporations that they should look elsewhere when making any large investments involving agreements with local and state governments.