Lol. Due to Florida’s “Sunshine Laws” this was all done completely out in the open. It was a public ****ing meeting! DeSantis just took his victory lap too early. Too bad. Always nice to see Fascists lose.
Perhaps not, but then I'm not a lawyer familiar with FL law.
I can only assume others commenting are.
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First, as a purported contract, the development agreement between Disney and the outgoing board requires "consideration" by both contracting parties; in other words, each side would need to make some sort of promise, or vow some sort of specific action, with respect to the counterparty. This purported development agreement, which was rushed through last-minute in ham-fisted fashion, lacks consideration, perhaps the most basic element in all of contract law: Here, the outgoing board purported to give Disney
everything, but it received
nothing in return. Absent consideration, the purported development agreement was void ab initio.
Second, under Florida's well-known, powerful Sunshine Law, a local government must comply with certain notice requirements for residents in order for the matters addressed at a government's board meeting to be valid and binding. Public notice of a meeting is mandatory under Florida law; and specifically, for an action of this sort to be binding, notice of the underlying meeting must be mailed to local property owners. Disney and the outgoing board simply did not do that; they rushed their first public board meeting on the development agreement on January 25, and their second meeting on February 8, in their sloppy attempt to thwart at the last minute the Florida Legislature and the will of the Florida people. Unfortunately for Disney, Florida courts have consistently held that when the Sunshine Law is violated, a purported governmental action is void ab initio.
Third, the Florida Constitution specifically stipulates that new revenue-raising measured based on ad valorem (i.e., proportional) taxation, which the purported development agreement entailed, can only be ratified via a direct referendum of a district. That condition was also not met here; rather, in another comically self-dealing move for Disney, the purported development agreement contained a provision that the district "shall fund" certain Disney prerogatives. This too is blatantly illegal.
Finally, the purported development agreement violates yet another basic tenet of contract law: that a contract not be procedurally or substantively "unconscionable." In fact, the purported development agreement is
both.
It is procedurally unconscionable because the very nature of
private Disney lawyers "negotiating" with the Reedy Creek Improvement District's outside counsel and drafting statements for a
public hearing is blatantly self-dealing conduct; one source with close knowledge tells me that Disney's lawyer, in the lead-up to the outgoing board's two hearings, candidly confessed that the "optics look bad" for his name to be on the contract as the drafter, suggesting instead that the outgoing district's counsel have his name listed notwithstanding the obvious falsity. And the purported development agreement is substantively unconscionable because the entire purpose of this charade is to evade the will of the people of Florida, whose duly elected representatives wanted to replace the Disney-dominated Reedy Creek Improvement District board with the DeSantis-selected Central Florida Tourism Oversight District board.
https://www.realclearpolitics.com/a...again_to_florida_and_ron_desantis_149135.html