If RCID is dissolved, what happens with DVC?

[TreAntDeu]

It is being fast-tracked through a Special Session, however there is discussion that a Special District created during a General Session of the Legislature cannot be dissolved during a special session and would require the full procedure offered by a General Session (I'd have to see more evidence of that though). Add to that the simple fact that Disney is the majority landowner within the district and there's no chance they will be voting, as described in 189.073(1)(a) to dissolve. Finally, there is absolutely zero chance that the law will not simply be appealed by Disney and that would likely result in a stay for some period of time.

Any dissolution would not occur until June of 2023 per the text of the law, so at the very least, in the absence of any adverse interpretation of the powers of the Legislature, and any pending challenges to the law, your would not see anything happening until next year.

It wasn't negotiated because DeSantis slipped it onto a special session that was convened with the sole noticed purpose of addressing redistricting. The agenda was changed at the 11th hour and the RCID dissolution bill slipped in. There is already some questions as to how Randy Fine just happened to show up with a bill already written in his back pocket.

I'll stick with my original estimate that it will be several years of legal back and forthing before anything comes out the other end, even if DeSantis has the entire House over for a BBQ tomorrow and signs the thing over dessert.

Thank you! Either Disney feels its a net positive or this gets dragged out with Disney having a strong case for a long time.

 

[Ms Bibbidi]

So, you don't think 14 months before implementation is enough time for court challenges?
Cause there are definitely going to be those if Disney wants to go that route.

Anybody can file a lawsuit. Just because somebody’s ox is being gored does not mean they have a valid, prevailing or justiciable complaint. Proving that the legislative branch acted without authority when passing a law will be an uphill battle of epic proportions. Remember the RCID was created in the first place by an act of the Florida legislature; the same body dissolving those rights now. Even if Disney files a complaint it would be very unusual for a trial court to restrain implementation of the new law. The State of Florida has lots of lawyers too.

 

[TreAntDeu]

Anybody can file a lawsuit. Just because somebody’s ox is being gored does not mean they have a valid, prevailing or justiciable complaint. Proving that the legislative branch acted without authority when passing a law will be an uphill battle of epic proportions. Remember the RCID was created in the first place by an act of the Florida legislature; the same body dissolving those rights now. Even if Disney files a complaint it would be very unusual for a trial court to restrain implementation of the new law. The State of Florida has lots of lawyers too.

I just choose to believe the reporting of how much of a mess and jumping over pre established concepts there is here.

The idea this happens quickly from an implementation standpoint is crazy to me.

It actually sticking in some form is a different issue.

 

[M:SpilotISTC12]

As a non Florida resident DVC owner. I wonder that if we get incorporated in Orange County, that we are then considered Florida resident somehow. There has to be a change of status with the change of taxation, no? Is there anything in the DVC contracts that mention RCID directly? I really have no clue and am just spitballing to find a silver liner.

 

[Sandisw]

As a non Florida resident DVC owner. I wonder that if we get incorporated in Orange County, that we are then considered Florida resident somehow. There has to be a change of status with the change of taxation, no? Is there anything in the DVC contracts that mention RCID directly? I really have no clue and am just spitballing to find a silver liner.

From my research, most states, including FL, do not recognize timeshare owners as residents. That was not specific to being a DVC timeshare owner..

My parents own a condo in Bradenton, and because they do not live there at least 6 months of the year, they are not considered a FL resident.

 

[Ms Bibbidi]

As a non Florida resident DVC owner. I wonder that if we get incorporated in Orange County, that we are then considered Florida resident somehow. There has to be a change of status with the change of taxation, no? Is there anything in the DVC contracts that mention RCID directly? I really have no clue and am just spitballing to find a silver liner.

LOL, very good try but no dice.

 

[M:SpilotISTC12]

From my research, most states, including FL, do not recognize timeshare owners as residents. That was not specific to being a DVC timeshare owner..

That makes sense. At the end this will hurt us all financially one way or another but I'm trying to find a way to justify the future expense.

 

[Sandisw]

That makes sense. At the end this will hurt us all financially one way or another but I'm trying to find a way to justify the future expense.

It think it really depends to how it all plays out. As mentioned, it could impact taxes..but We really don’t know until actual details come out.

 

[M:SpilotISTC12]

LOL, very good try but no dice.

Worth a shot lol but that's why I posted this in the DVC boards because there are way smarter people than I here. And there are people that know every line of the contract while I didn't read it as throughly, I just stuffed it in the tote bag and ran to MK to use my three Fastpasses haha.

 

[BeachClub2014]

Disney itself seems quiet on the issue. Have they commented on the potential impacts to DVC owners and other customers? I've done some searches but can't find much hard reporting on potential impacts to us consumers.

 

[Sandisw]

Disney itself seems quiet on the issue. Have they commented on the potential impacts to DVC owners and other customers? I've done some searches but can't find much hard reporting on potential impacts to us consumers.

No…and I don’t think you will.

 

[Ms Bibbidi]

I just choose to believe the reporting of how much of a mess and jumping over pre established concepts there is here.

The idea this happens quickly from an implementation standpoint is crazy to me.

It actually sticking in some form is a different issue.

I am not sure what you are saying. Maybe I am reading it wrong.

Couple of points to make.

Choosing to believe something is very different from a disciplined assessment of credibility, learning independent facts bearing on a topic or understanding the law that applies. Belief is an act of faith and one can choose to believe anything they want no matter how correct or incorrect in facts or law.

Another point, somebody said Disney would “appeal.” They cannot appeal. There is no lower court decision to appeal yet. Courts can invalidate a law based on very narrow reasons. Legislatures cannot overturn a court decision. They can amend or make new laws. There are principles like separation of the powers of the branches of government that govern this. If a legislature amends a law and tries to make it retroactive they probably run afoul the prohibition against ex post facto laws.

But I do not want to mince every word in this lively discussion thread. That becomes tedious to everyone.

 

[Bo1203]

Watched the interviews with the Orange County Mayor and Comptroller, they don't even know the impacts. Could tell they are hoping they some how benefit but want to be able save face if it backfires.

 

[Ms Bibbidi]

Disney itself seems quiet on the issue. Have they commented on the potential impacts to DVC owners and other customers? I've done some searches but can't find much hard reporting on potential impacts to us consumers.

Radio silence. Their reply would have to be so laced with boring legal things that our eyes would glaze over! This is at the juncture of municipal law, legislative powers, utility rate setting, infrastructure finance bonds and more. These are all the topics that are incredibly boring to anyone and everyone. I respect their tactic of radio silence. Nobody would understand them. If they kept explaining they would just end up looking as guilty as sin. Better to be dignified and silent. Save it for the lawyers to sort.

 

[BeachClub2014]

Radio silence. Their reply would have to be so laced with boring legal things that our eyes would glaze over! This is at the juncture of municipal law, legislative powers, utility rate setting, infrastructure finance bonds and more. These are all the topics that are incredibly boring to anyone and everyone. I respect their tactic of radio silence. Nobody would understand them. If they kept explaining they would just end up looking as guilty as sin. Better to be dignified and silent. Save it for the lawyers to sort.

Yep, I do understand that. Aside from lawyers and risk managers the company also employs a lot of savvy communicators so thought they may have issued some of sort of statement, even if it were benign and boring.

 

[BekCG45]

It is news. It is different. The topic is probably outside your wheelhouse so it is unsettling. You sound like a rational person to me.
Congratulations on your new purchase! Go ahead with it. You will be fine. You will enjoy it for many years to come.

Yes, VERY much outside my wheelhouse. I am thankful there are so many DVC folks who understand the legal terminology far better than I ever could. Thank you for the encouraging words!

 

[lowlight]

This has proven to at least be a good rallying cry for Disney. Many of us here were angry with Disney over all the recent greedy, unnecessary, anti-consumer changes, and now it seems that this single issue has turned many of them into pro-corporate Disney defenders.

 

[TreAntDeu]

I am not sure what you are saying. Maybe I am reading it wrong.

Couple of points to make.

Choosing to believe something is very different from a disciplined assessment of credibility, learning independent facts bearing on a topic or understanding the law that applies. Belief is an act of faith and one can choose to believe anything they want no matter how correct or incorrect in facts or law.

Another point, somebody said Disney would “appeal.” They cannot appeal. There is no lower court decision to appeal yet. Courts can invalidate a law based on very narrow reasons. Legislatures cannot overturn a court decision. They can amend or make new laws. There are principles like separation of the powers of the branches of government that govern this. If a legislature amends a law and tries to make it retroactive they probably run afoul the prohibition against ex post facto laws.

But I do not want to mince every word in this lively discussion thread. That becomes tedious to everyone.

So Disney can't do anything for 14 months? They have not single action they could try to not lose the district?

I'm seeing so many people, lawyers, locals, etc. reading the fine print are suggesting things Disney can do.
.
And regardless of that, we probably won't know what will noticeably change until June 2023 anyway. Even if it goes away as stated, we then just learn about the new structure with the 2 counties. Just like we learn about Anaheim or other places for every other theme park(like universal). So the panic and doomsday takes of "its open and shut, a hopless..." annoy me. Thats all.

 

[BeachClub2014]

This has proven to at least be a good rallying cry for Disney. Many of us here were angry with Disney over all the recent greedy, unnecessary, anti-consumer changes, and now it seems that this single issue has turned many of them into pro-corporate Disney defenders.

There is certainly never a shortage of strong opinions, feelings and beliefs on any topic on the DIS, which can make the discussions entertaining to say the least. What is often missing is actual facts. This thread has been a good read to try and find what impact, if any, may result to us DVC'ers if the RCID is no more.

 

[WilsonFlyer]

Disney itself seems quiet on the issue. Have they commented on the potential impacts to DVC owners and other customers? I've done some searches but can't find much hard reporting on potential impacts to us consumers.

Somebody figured out they had probably said too much already.