The battle between Disney and Florida Governor Ron DeSantis looks like it could be reaching a new point.

Disney World’s Reedy Creek Improvement District (now called the Central Florida Tourism Oversight District) already has a NEW Board of Supervisors appointed by DeSantis, is subject to new rules on reporting and other regulations, and has had certain powers removed from it. But things got really interesting when an agreement between Disney and the old Board came to light which new Board members claim strips them of their power. Now, it seems DeSantis’ Board could be attempting to strike back.

What’s Going On?

Disney made some agreements with the old Board of Supervisors for the District before the new Board took over. One of those things is the Developer Agreement that (according to some) “set in stone” Disney’s rights over the next 30 years, regardless of what the new Board says or does.

According to The Orlando Sentinel, the agreement in question was quickly and unanimously approved by the previous board on February 8th, the day before the Florida House voted on the bill regarding Reedy Creek’s future.

That agreement:

• Gives Disney wide authority for building new projects
• Bars the District from “using the Disney name without the corporation’s approval or ‘fanciful characters such as Mickey Mouse”
• “Bars the board from regulating the height of buildings, which would be solely under the purview of the Federal Aviation Administration”

It is set to be valid until “21 years after the death of the last survivor of the descendants of King Charles III, king of England.”

A “Declaration of Restrictive Covenants” was also signed between the old Board and Disney which gives Disney a lot of authority over its buildings. According to that agreement, “Disney must review any exterior changes to the district’s buildings to ensure consistent ‘theming’ with Disney World.”

The legal counsel to the new Board has called these agreements “unusual” and “suspect.” And various Board members have indicated that they would want to challenge these agreements, even potentially by taking legal action against Disney and going all the way up to the U.S. Supreme Court.

DeSantis himself has threatened future action against Disney in relation to these agreements. He has even indicated that he may look into things like increased tolls or taxes for Disney World visitors.

Disney CEO Bob Iger has said that DeSantis’ actions in seeking retribution against Reedy Creek, in general, are “anti-business” and “anti-Florida.” And Disney has defended its agreements entered into with the old Board by saying, “All agreements signed between Disney and the District were appropriate, and were discussed and approved in open, noticed public forums in compliance with Florida’s Government in the Sunshine law.”

So what’s happening now?

The New Development

The District has issued a notice (which you can see on the Orlando Sentinel website) that the next Board meeting will take place on April 19th at 9:30AM.

According to the notice, during that meeting, the Board will be considering 2 main resolutions. The first is Resolution No. 638 which is meant to be a resolution creating rules and procedures for the Board, governing procedures, and providing for conflicts.

But the resolution that could be particularly impactful is Resolution No. 639. This resolution seeks to amend parts of the Land Development Regulations.

According to the Orlando Business Journal, the Resolution “appears to be designed to give[] the district ‘superior authority’ over comprehensive planning, zoning, land development regulations, environmental protection regulations, platting and subdivision regulations and more for the district, including in the cities of Lake Buena Vista and Bay Lake.”

What exact changes do they want to make? Well, it seems there are a few key ones.

Change 1 — Lake Buena Vista and Bay Lake

First, it looks like the Board wants to make sure that it’s very clear that their regulations reign supreme over anything done in those two cities — Lake Buena Vista and Bay Lake. In case you’re not aware, these are the 2 cities within the District. One individual (Chad Emerson the writer behind “Project Future: The Inside Story Behind the Creation of Disney World”) previously indicated that these two cities could be a sort of loophole for Disney, allowing them to keep some self-governing powers despite the changes that took place with Reedy Creek.

That’s because the cities delegated government powers to the RCID. But they could “conceivably” take them back. Disney controls these cities. Their residents are made of workers or retirees from Disney or Reedy Creek (usually), and the residents elect a “city council and mayor, all of whom are friendly to Disney.”

According to the Orlando Business Journal, Brian Aungst Jr. — one of the new Board Members — previously alluded to the possibility that the Board could ask the Florida legislature to dissolve those 2 Disney cities entirely.

Aungst indicated that he wants the District to watch over those cities’ law enforcement contracts and wants the Board to ensure those cities can’t supersede the planning powers of the District or the District’s building codes. Now, it seems like the Board may be taking steps to make sure that is the case.

Part of the Resolution would specify that “the cities of Lake Buena Vista and Bay Lake shall not adopt land development regulations that are less stringent than or in conflict with the district’s land development regulations.” (Quoting Orlando Business Journal)

Additionally, the cities would not be allowed to “applications for, consider for approval or issue any development orders or development permits, or approve or execute any development agreement regarding any development projects.” (Quoting Orlando Business Journal)

The cities could adopt more stringent comprehensive plan goals, but if they do, the District will consider and evaluate those matters.

Change 2 — Planning Board

Second, the new Board wants to amend the existing Land Development Regulations to provide that the Board (the Board of Supervisors) will essentially perform the duties of the Planning Board.

If you look at the District website you’ll see that there is a separate Planning Board (with 5 members of its own) that meets as needed. It seems the new Board may be seeking to end that Planning Board.

As the Orlando Business Journal describes, the Resolution would “do away with the district’s planning board and replaces it with the Central Florida Tourism Oversight District board as the ‘final decision-making authority’ with “no further administrative appeal…available.”

Wondering what the planning Board does? Check out the information below from the existing Development Regulations.

Basically, it looks like the Planning Board recommends amendments to the Comprehensive Plan (which governs future development), recommends policies that “promote orderly future development,” and more. It seems the Board of Supervisors for the District would become the new authority on that.

Change 3 — Notices

Finally, it seems the Board is seeking to change some things when it comes to notices about future changes. Under this Resolution (if passed), notices about amendments to the land development regulation would be required to be made at least 10 days before a public hearing.

What about amendments to land development regulations within the City of Lake Buena Vista and the City of Bay Lake? According to the Orlando Business Journal, these amendments would require notice at least 60 days before the first reading and public hearing. The cities would also have to “inform the district of the time, date and place of readings and public hearings.”

It seems this could be the Board’s way of ensuring that these individual cities don’t try to quickly pass some kind of resolution that would impact the Board’s authority.

What’s Next?

The Board of Supervisors’ next meeting will take place on April 19th at 9:30AM. At that point, we’ll see whether this Resolution is passed.

Reportedly, officials within the Reedy Creek District couldn’t be reached to verify the documents that the Orlando Business Journal reviewed, and one of the District’s Board Members (Brian Aungst Jr.) told the Orlando Business Journal that he hadn’t seen the document in question and wouldn’t comment until the next meeting.

The overall goal of the Resolution seems to ensure that the District’s rules and regulations regarding developments get enforced over anything the 2 cities within the District may decide. The Resolution would also give the Board of Supervisors additional authority as it would serve as the planning board.

We’ll continue to look for more updates on this and let you know what we find. Stay tuned.

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The post DeSantis-Appointed Reedy Creek Board Reveals Next Steps in Battle Against Disney first appeared on the disney food blog.