An idiot in the Floridia legis has filed a bill to void the Development Agreement and restrictive covenants adopted by Reedy Creek and Disney. This bill is clearly void due to the impairment of contract clauses in both the US and Florida constitutions. This will be a fun fight to watch.
https://www.miamiherald.com/news/politics-government/state-politics/article274447835.html?utm_source=pushly&intcid=pushly_2906693
Legal analysts who reviewed Ingoglia’s amendment told the Herald/Times that the proposal is likely to face a legal challenge, and the proposal could be declared unconstitutional under the Contracts Clause of both the U.S. and Florida constitutions. If approved, the change could establish new precedent for handling development in Florida.
“That clause prohibits government actions to impair an existing contract,’’ said Jake Schumer, a municipal attorney in the suburban Orlando law firm of Shepard, Smith, Kohlmyer & Hand.....
By attempting to repeal those covenants, the amendment is “a clear violation of the contracts clause,’’ Schumer argued. “It would be a major change in the law for the bill to be held up as to the application to that agreement.” Florida statute “does not authorize this state on its own to modify or revoke a development agreement,’’ said Michael Wolf, a professor of local government and property law at the University of Florida....
Wolf also said that the measure could also be invalidated by the court because it attempts to retroactively apply to the Disney agreements. In 1999 the Florida Supreme Court ruled in Metro-Dade County v. Chase Fed. Hous. Corp. that “generally due process considerations prevent the State from retroactively abolishing vested rights.”
Disney will have fun fighting any attempt to void the agreements that DeathSantis is mad at
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