After passage by the Senate, the Florida House of Representatives passed SB 1604: Land Use and Development Regulations. The bill includes an amendment that would void Disney and Reedy Creek Improvement District’s Development Agreement.

The bill passed the Florida Senate 27-13 and passed the Florida House 75-34. Governor DeSantis is expected to sign it into law.

Here is the text of the amendment:

An independent special district is precluded from complying with the terms of any development agreement, and any other agreement for which the development agreement serves in whole or part as consideration, executed within 3 months preceding the effective date of a law modifying the manner of selecting members of the governing body of the independent special district from election to appointment or from appointment to election. The newly elected or appointed governing body of the independent special district shall review within 4 months of taking office any development agreement and any other agreement for which the development agreement serves in whole or part as consideration and, after such review, shall vote on whether to seek readoption of such agreement. This subsection shall apply to any development agreement that is in effect on, or is executed after, the effective date of this section. This subsection expires July 1, 2028, unless reviewed and saved from repeal through reenactment by the Legislature.

During a discussion of the bill, Democratic Representative Anna Eskamani asked, “When are we going to stop play whack-a-mouse just because our governor is big mad that he got outsmarted by Disney?” She also said it was inappropriate for legislators to be getting involved in contracts and dangerous for the government to be passing punitive policies.

Republican Representative Toby Overdorf countered that Disney did not “outsmart” the governor but broke the law.

Democratic Representative Dotie Joseph agreed with Representative Eskamani, calling the legislation part of a “slippery slope” and saying any business could be on the chopping block if they disagree with Governor DeSantis.

The Florida Senate recently passed a bill that would require state inspections of Walt Disney World Monorails. This will next go to the House and then the governor.

Disney Parks & Resorts and DeSantis’ appointed Central Florida Tourism Oversight District Board of Supervisors are currently suing each other.

Disney Suing DeSantis & CFTOD Board

In their lawsuit, Disney Parks & Resorts cites “a targeted campaign of government retaliation — orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech.” The plaintiff further argues that this chronology of events “threatens Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights.”

Among other grievances, the Governor’s threat of new tolls and taxes, and the Board’s decision to void the company’s final agreement with the Reedy Creek Improvement District Board were included in the document.

The Walt Disney Company is suing for “declaratory and injunctive relief.” Injunctive relief forces a party to act in a certain way or prevents them from doing various things. An “injunction” is sometimes known as a restraining order.

Disney regrets that it has come to this, but having exhausted efforts to seek a resolution, the Company is left with no choice but to file this lawsuit to protect its cast members, guests, and local development partners from a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials.

The company is demanding multiple items of relief be met, including:

• A. Declare that the Legislative Declaration is unlawful and unenforceable because it abrogates Disney’s rights in violation of the Contracts Clause;
• B. Declare that the Legislative Declaration is an unlawful taking of Disney’s property rights without payment of just compensation in violation of the Takings Clause;
• C. Declare that the Legislative Declaration is unlawful and unenforceable because it was an arbitrary and irrational voiding of the Development Agreement and Restrictive Covenants in violation of the Due Process Clause;
• D. Declare that the Legislative Declaration is unlawful and unenforceable because it was enacted in retaliation for Disney’s speech in violation of the First Amendment;
• E. Declare that the Contracts remain in effect and enforceable;
• F. Declare that Senate Bill 4C and House Bill 9B are unlawful and unenforceable because they were enacted in retaliation for Disney’s political speech in violation of the First Amendment;
• G. Issue an order enjoining Defendants from enforcing the Legislative Declaration;
• H. Issue an order enjoining Defendants from enforcing Senate Bill 4C and House Bill 9B;
• I. Award Plaintiff its attorney’s fees and costs;
• J. Grant such other relief as this Court may deem just and proper.

CFTOD Board Suing Disney

The CFTOD Board of Supervisors voted to file their own countersuit against Disney. While Disney’s lawsuit is through federal court, the Board’s lawsuit is through state court.

In their 188-page complaint, the Central Florida Tourism Oversight District named itself as the plaintiff and Walt Disney Parks and Resorts US Inc. as the defendant. Through nearly 200 pages of legalese, the district asks the state court to render Disney’s development agreement with the Reedy Creek Improvement District as unenforceable, null, and void. They also ask the same to be done of the restrictive covenants, which notably set the benchmark for expiry at 21 years after the death of the last living descendant of King Charles III, living as of the date of the document.

The CFTOB additionally asks that all agreements cannot be enforced on Disney’s end either.

Origins of the Feud

The Florida Governor and Walt Disney Company initially clashed over the corporation’s opposition to a much-debated and controversial Florida law regarding classroom instruction and discussion on sexual orientation and gender identity in public schools, alongside various other recent state laws and proposals in a similar vein.

Bob Chapek was Chief Executive Officer at the time and initially remained silent and passive on the issue — until massive internal criticisms from cast members and controversy over Disney’s practice of making hefty political contributions to campaigns and individuals allegedly against their own stated human principles came into focus.

In an apparent act of retribution over Chapek’s expression of dissent, the Governor moved forward with various verbal and legal assaults on Disney, including the attempted dissolution of Reedy Creek and the eventual transfer of power directly under his control. DeSantis argues he is attacking a rather vague perception of something he calls “woke politics,” invading the state. He further says he aims to put the people of Florida first through his actions:

Disney has gotten away with special deals from the state of Florida for way too long. It took a look under the hood to see what Disney has become to truly understand their inappropriate influence.

The Governor insists he will double down on efforts to punish the resort through methods both in the Legislature and the Central Florida Tourism Oversight Board. Notably, he promised to hike hotel taxes and institute tolls on the roads around Walt Disney World Resort property.

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