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.

We were able to obtain a copy of the Resolution to see what it has to say. In the beginning portion of the Resolution, it outlines some basic things:

• The District exists because of the Florida law (the “Law”) that was passed in late February of 2023 (that’s the law that changed the name of the District and imposed other regulations).
• Pursuant to that Law, “the District has superior authority within the entire District, including within the jurisdictional limits of the City of Lake Buena Vista and the City of Bay Lake, for comprehensive planning, zoning, land development regulations,” etc.
• The Law provides that the District’s comprehensive land development regulations will control within the City of Lake Buena Vista and the City of Bay Lake to the extent there are any conflicts.

According to the Resolution, the Board has found it necessary to amend the “Land Development Regulations to address the District’s superior authority and control and authority to issue development orders within the District.”

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 add a section to the existing Development Regulations that would be called “Superior Authority.” It would indicate that the District’s “authority over comprehensive planning, zoning, land development regulations, environmental protection regulations, and platting and subdivision regulations shall control within the entire District, including within the jurisdictional limits of the City of Lake Buena Vista and the City of Bay Lake”

It also specifies that the District would be responsible for reviewing and approving all development orders throughout the District (including within those 2 cities). And it forbids the cities from adopting “land development regulations that are less stringent than or in conflict with the District’s Land Development Regulations.” It also forbids the cities from accepting applications for or issuing development orders or permits, or approving any development agreements.

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.

But the Resolution would essentially get rid of the Planning Board and give those powers to the Board of Supervisors, which could serve in both roles. One part of Resolution 639 would note that the Board of Supervisors (instead of the Planning Board) shall act as the “local planning agency” and perform the duties of the Planning Board.

That portion would also specify that the Board of Supervisors is the “final decision-making authority for the District and no further administrative appeal is available.” It would also note that “The Board of Supervisors may concurrently act in its role as both the local planning agency and governing body of the District when considering matters.”

The Resolution goes on to remove portions of the existing Development Agreement that discusses the membership of the Planning Board and its terms.

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. One section of the existing Development Regulations specifies that “Notice shall be given in accordance with the provisions of Section 166.041 Florida Statutes and other applicable state laws.”

Under this Resolution, that would be removed and replaced with a more lengthy discussion on notice. First, it would specify that only a single reading and public hearing on a resolution proposing an amendment is required to amend the Land Development Regulations.

They would still require notice to be given, but specify that the notice would have to be published at least ten (10) days before the public hearing on such resolution.

What about amendments to land development regulations within the City of Lake Buena Vista and the City of Bay Lake? According to the Resolution, the new Resolution would specify that the cities have to give the District’s Board of Supervisors a copy of the proposed amendments at least sixty (60) days in advance of conducting the first reading and public hearing on such an ordinance. They’ll also have to provide a summary of the purpose and intent of the amendment “explaining why such amendments are more stringent than and not in conflict with the District’s Land Development Regulations.”

They’d also require the cities to send the District’s Board of Supervisors “written notice of the time, date and place of the readings and public hearings on any ordinance adopting changes to land development regulations at least fifteen (15) days in advance of such 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 notes that only a “single reading and public hearing” is required, so this could be swiftly passed. If passed, it would become effective immediately.

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.

According to the Orlando Business Journal, 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.

Click here to learn more about each of the DeSantis-appointed Board members