My fellow Floridians, let us discuss Disney versus DeSantis

[steve2470]

It seems the conventional wisdom, so far, is that DeSantis will pay a very high, probably catastrophic, price for enacting his vengeance against Disney into law.

What do you think will happen, and how soon ? I readily admit I am not totally up to snuff on Florida politics. Will DeSantis back down and repeal the Reedy Creek law ? Will we have to wait until an election to see the consequences ?

Thank you in advance for your thoughtful input !

Steve
63 year Florida resident and Florida host

[CurtEastPoint]

1. The law is blatantly unconstitutional. The gov't cannot squelch free speech. Period.

[steve2470]

2. I agree !

I look forward to a vigorous lawsuit.

[In It to Win It]

13. I read earlier that to officially do away with the special district status, it would require a vote

of either the landowners or residents of the district (I forgot which one). Effectively meaning Disney won't actually lose their special district status at the end of it all. If that's the case, the best course of action for Disney is to do nothing and wait it out.

[In It to Win It]

12. Agreed. The government cannot revoke a privilege because of speech it disagrees with

I've literally argued about this at least three times today and it's shocking that people (Republicans) excuse this. I give them the argument that it may undeserved privilege. I don't debate that. The reason for taking that "undeserved" privilege is unconstitutional.

The most heard argument I got is that the government is not restricting Disney's speech. Disney is still free to say whatever they want. The government is just taking away this one undeserved privilege. I stuck with few examples of privileges that government gives; 1) a drivers license; 2) a liquor license; 3) a hunting license; 4) a tax credit. All of these things are privileges granted to you by the government. Suppose you drive around the state capital with a "FUCK DESANTIS" sign. You post it on Facebook and it goes viral, and DeSantis says "you've messed with the wrong guy." The next day you find out that the government has suddenly taken away your drivers license. With your drivers license taken away, you can tell say whatever you want, and driving is a privilege. However, the government has taken your privilege of driving from you because it didn't like something you said. That is targeting you because of something you said. That is a violation of your 1st amendment right.

Suppose the state gave you a credit on your property taxes. You signed to put up a large "FUCK DESANTIS" sign on the front lawn of your property. Because of that sign, the government takes away a property tax credit it granted to you. They can take back that property tax credit for many reasons. However, one of the few reasons it cannot take back that credit from you is because of that sign. That would be a violation of your 1st amendment free speech protection.

I've also heard today that Disney has freedom of speech but not freedom from consequences. That freedom of speech guarantees freedom from consequence IMPOSED BY THE GOVERNMENT. The private market can impose consequences for speech but not the government, not for speech.

I'm pretty sure I convinced no one.

[SWBTATTReg]

3. Perhaps the law will be repealed (more than likely) but then in an act of revenge, the state will...

then enact a required $10 or more entrance fee for Disney visitors to pay when they enter these attractions (or more). I don't know, it's ridiculous that republicans claim that they are the party of business, when they act so contrary otherwise.

Disney will prevail.

[tableturner]

9. NO! Revenge of any type for protected speech is unconstitutional!

[zipplewrath]

4. June of 2023

That leaves alot of time for Disney to work out a new agreement with Florida. The legislature has to do something because the impact of what they have done. Probably next general legislative session they work something out.

[taxi]

5. Nothing will be done on a state level. Any pressure on Tallahassee will be from the counties.

If Disney decides to end the extensive public services it now provides in various forms and place it on the counties of Orange and Osceola, then the counties will be facing a substantial reorganization with a very short time to do it. The law takes effect in June of 2023.

Among other things, Reedy Creek Improvement District oversees land use and environmental protections within its boundaries, and provides essential public services (e.g. fire protection, emergency medical services, potable water production, treatment, storage, pumping & distribution, reclaimed water distribution, chilled and hot water systems, wastewater services, drainage and flood control, electric power generation & distribution, and solid waste and recyclables collection & disposal)

https://www.disneytouristblog.com/bills-dissolving-disney-worlds-reedy-creek-improvement-district-pass/

[MichMan]

6. It appears that many DU posters now favor mega corporations using veto power over state government

Normally, there would be outrage, but I guess as long it is DeSantis in Florida, most people here support it.

Not saying I support what Florida has done, but surprised nonetheless by reactions here in support of any potential Disney threats. I guess we don't mind when corporate muscle can be used to influence elected officials.

[tableturner]

11. No revenge for protected speech....THAT is the issue!

[Chainfire]

7. I think that he will escape any justice and win reelection handily.

I hate it, but that is what I think will happen.

[tirebiter]

8. This is a wierd one

Disney shouldn’t have had their ability to be a private government to begin with. The current Disneycorp can still say anything they want to say and back whomever and whatever they want to back.

[tableturner]

10. Florida has NO right to punish in any way for protected speech!

Florida was NOT within its power and right to revoke the privileges and tax incentives of Disney, and the reason is that they executed the revocations as punishment for Disney's public pronouncement opposing the "Don't say gay" bill. There are a huge number of quotes in print and statements on video by Republican officials, including DeSantis, to prove the punishment element.

The use of governmental power to penalize an entity for disagreeing with those in power is in fact unconstitutional. A government cannot take ANY action that is punishment for free speech even if the action is the revocation of a special arrangement approved by the governor and legislature fifty years ago.

If the GOP legislature and the governor had proposed this in isolation, NOT after and in response to Disney's opposing DeSantis' policy, that would NOT have been an unconstitutional abuse of governmental power. In other words, it would have been legal if the arrangement were revoked for other reasons and done prior to all this uproar.

This was a FASCIST move!

[In It to Win It]

14. I am literally astounded that Republicans would cheer such a move

That would lose me as a voter. Governments exacting revenge is something I could ever possibly be for. Legal implications aside, but morally, that is an abuse of government power.

[In It to Win It]

15. To answer the questions

What do you think will happen, and how soon ?

Honestly I think nothing will come of this. I don't think Disney will sue. I believe Disney doesn't want to make this a bigger public issue than it is and they would prefer to keep this situation as quiet as possible. Disney has voiced their opposition and did what the public and their employees ask and I think they will go back to publicly doing nothing.

Will DeSantis back down and repeal the Reedy Creek law ?

I don't think Desantis will back down. He sees this as his winning re-election strategy and is also doing this for a national audience. He will double down even more than he already has.

I read a legal opinion earlier today that predicts that the dissolution of the Reedy Creek district won't actually take effect because the law requires a vote of the landowners of the district (which is obviously Disney) in order for the dissolution of a special district can take effect. However, I haven't done that much (none at all) research on this particular process so I'm not sure how confidence I have in that opinion.

Will we have to wait until an election to see the consequences ?

I think so, and honestly, I starting to believe that DeSantis will win re-election, much to my horror.

[LetMyPeopleVote]

16. Disney tells investors state can't dissolve special district without paying debt

Disney has far better lawyers than DeathSantis. I was wondering why Disney was keeping quiet and then I read this article and the other articles. The State of Florida in effect made some guarantees to the bondholder and the Disney special district cannot be dissolved while there is debt outstanding

DeathSanitis is an idiot who passed this law out of spite. Being an idiot, DeathSantis screwed up and put Disney in the driver seat. Florida has over 1400 special districts and you do not dissolve these entities because these entities have debt

Link to tweet

https://www.miamiherald.com/news/politics-government/state-politics/article260783972.html

As Florida legislators were rushing through passage of a bill to repeal the special district that governs Walt Disney World last week, they failed to notice an obscure provision in state law that says the state could not do what legislators were doing — unless the district’s bond debt was paid off.

Disney, however, noticed and quietly sent a note to its investors to show that it was confident the Legislature’s attempt to dissolve the special taxing district operating the 39-square mile parcel it owned in two counties violated the “pledge” the state made when it enacted the district in 1967, and therefore was not legal. The result, Disney told its investors, is that it would continue to go about business as usual.......

Disney’s statement says, “In light of the State of Florida’s pledge to the District’s bondholders, Reedy Creek expects to explore its options while continuing its present operations, including levying and collecting its ad valorem taxes and collecting its utility revenues, paying debt service on its ad valorem tax bonds and utility revenue bonds, complying with its bond covenants and operating and maintaining its properties.’’ In essence, the state had a contractual obligation not to interfere with the district until the bond debt is paid off, said Jake Schumer, a municipal attorney in the Maitland law firm of Shepard, Smith, Kohlmyer & Hand, in an article for Bloomberg Tax posted on Tuesday and cited in a Law and Crime article......

Randolph calls the measure the “no lawyer left behind act,” and predicts that there will be many lawsuits, including one from bondholders, alleging the state illegally impaired the contract.

[LetMyPeopleVote]

17. Statement from Disney, posted on the website of the Municipal Securities Rulemaking Board

This is the Statement that Disney filed with municipal securities board.
https://emma.msrb.org/P21566885-P21210477-.pdf

STATEMENT RE SPECIAL LEGISLATIVE SESSION

On April 20, 2022 in a special legislative session called by Governor Ron DeSantis, the Florida Senate passed a bill (S 4C), providing for the dissolution, effective June 1, 2023, of any independent special district established by special act of the Florida legislature prior to the effective date of the current Florida Constitution, which was November 5, 1968. The Florida House of Representatives is expected to vote on an identical bill (HB 3C, and collectively with S 4C, the “Bill”) today which, if passed by the House, is expected to be signed into law by the Governor at the end of the special session on April 22, 2022. Reedy Creek Improvement District (“Reedy Creek” or the “District”) was established as a public corporation of the State by Chapter 67-764 Laws of Florida, effective May 12, 1967 (the “Reedy Creek Act”). Pursuant to the Bill Reedy Creek will be scheduled for dissolution on June 1, 2023. The Bill further provides that any special districts dissolved as a result of the Bill (including the District) may be reestablished on or after June 1, 2023 pursuant to the requirements and limitations of Florida’s Uniform Special District Accountability Act, which provides, among other things, that unless otherwise provided by law, the dissolution of a special district government shall transfer title to all of its property to the local general purpose government, which shall also assume all indebtedness of the preexisting
special district.

In the Reedy Creek Act the State of Florida has pledged to the holders of any bonds issued by the District:

(1) that it will not limit or alter the rights of the District (a) to own, acquire, construct, reconstruct, improve, maintain, operate or furnish the projects or to levy and collect the taxes, assessments, rentals, rates, fees, tolls, fares and other charges provided for in the Reedy Creek Act, and (b) to fulfill the terms of any agreement made with the holders of any bonds or other obligations of the District; and (2) that it will not in any way impair the rights or remedies of the holders, and that it will not modify in any way the exemption from taxation provided in the Reedy Creek Act, until all such bonds together with interest thereon, and all costs and expenses in connection with any act or proceeding by or on behalf of such holders, are fully met and discharged.

In light of the State of Florida’s pledge to the District’s bondholders, Reedy Creek expects to explore its options while continuing its present operations, including levying and collecting its ad valorem taxes and collecting its utility revenues, paying debt service on its ad valorem tax bonds and utility revenue bonds, complying with its bond covenants and operating and maintaining its properties.

[steve2470]

18. thanks for your research ! nt

[onethatcares]

19. Has there been any other words from the administration

except for the gov strutting around like a peacock?

[Loge23]

20. Will this mouse roar?

I think that Disney will eventually sue over this, and sue big.
Their silence on this matter so far is deafening.
Surely their 1A right to offer their opinion is at stake here. There are probably other legal issues that I'm unaware of that the Disney lawyers are poring through.
As for the so-called governor, unfortunately he has considerable support here in Florida. Remember this the Age of Idiocy. People are easily fooled by cons, and Ronnie is all that. I keep hoping for a re-awakening amongst people in this country but keep getting disappointed. What will the young do - that's the big question for our future.