NewsBeat

May 2023

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May 2023 NewsBeat 15 Y ou may have heard that the Walt Disney Co. recently took steps to frustrate Florida Gov. Ron DeSantis' attempt to strip the entertainment con- glomerate of its power to appoint members of the board that provides oversight for Disney World. According to a story published in the New York Times, the Disney-appointed Reedy Creek Improvement District (RCID) Board of Supervisors "quietly pushed through a development agreement" pre- venting the governor from replacing them with his allies, thereby maintaining Disney's governance of the world's larg- est theme park. The Board proposed the agreement at a public meeting on Jan. 25 and approved it at a follow-up meeting on Feb. 8. The Times wasn't the only news organi- zation that framed Disney's maneuver as a secretive procedure. That was the general tenor of the news coverage surrounding the story. It's undeniable that Disney and its chosen representatives on the RCID Board hoped their maneuver would evade detec- tion. Reedy Creek was established in 1967 by the Florida legislature with the Board serving as the governing body for the special district. Like all governing bodies, it prefers to control the flow of information to the public. But Florida's public notice laws made it difficult for them to do that. Title XI, Chapter 163, Section 3225 of the state's statutory code requires local govern- ments — including special districts — to "conduct at least two public hearings" to create or change a development agreement. It also requires them to provide "(n)otice of (their) intent to consider a development agreement" by advertising each hearing "in a newspaper of general circulation and readership in the county where the local government is located." Reedy Creek strad- dles both Orange and Osceola Counties in east central Florida. As the Times noted in its reporting, Disney provided such notice with ads pub- lished in the Orlando Sentinel. Both notices were also posted on the Sentinel's website and the Florida Press Association's state- wide public notice site, a fact the Times appeared to be unaware of. That means the ads were published in a newspaper delivered to over 50,000 print and digital subscribers in the area, and they were posted on websites that collective- ly generate over 3 million monthly visits, according to the website traffic compar- ison site similarweb.com. Moreover, the Sentinel's website is the most-visited local news site in the Orlando area, according to Scarborough Research. As far as we can tell the ads worked. Although the board appears to hold its meetings in a relatively small room, news footage from the Feb. 8 hearing at which the development agreement was approved suggests it attracted a standing-room only crowd. (WKMG News 6 Orlando later noted "several dozen spectators" attended the meeting.) There were also reporters and news cameras in the room. So this was no secret deal cut in the middle of the night. It was approved during the course of two properly noticed public meetings that many people attended. But not a single news organization that origi- nally covered the meetings reported on the significance of the agreement. In fact, the Sentinel appears to be the only local outlet that even mentioned that the Board dis- cussed a development agreement. Why didn't anyone in the packed room figure out what Disney was up to? Because they would have had to pick up a copy of the development agreement at RCID's office, and then read and appreciate the significance of the agreement — a legal document contained within an imposing 151-page paper festooned with maps, bud- gets, construction schedules and impene- trable legal descriptions of real property. Florida's public notice law required Dis- ney's RCID Board to make that document available to the public. But it didn't require them to stand on a table at the meeting and shout, "Hey DeSantis, we're going woke and there's nothing you can do to stop us!" The only people in the state who might have uncovered Disney's plan were a rela- tively small universe of those with a pro- fessional interest in the future of Disney World and the expertise to recognize the impact of the development agreement. Most of the members of that cohort either work for or are allied with the DeSantis administration or Florida's GOP legislative caucus. "Disney didn't do anything secret. They publicized (their plan), they advertised it," former Florida Republican legislator and law school teacher Juan-Carlos Planas told the Wall Street Journal. "If you're in Tal- lahassee, and you're replacing the board, how do you not know what that board is doing in their public meeting? This was negligence on the part of the governor's office and Republican legislators." Nevertheless, DeSantis sent a letter asking Florida's Chief Inspector General to investigate the RCID Board's actions, claim- ing that among other "legal infirmities" it had provided "inadequate notice." It's worth noting that under the new law passed last year that made Florida the first state in the U.S. to allow local govern- ments to publish notices on county gov- ernment websites in lieu of publication in print newspapers and newspaper websites, Disney and the RCID Board will have even more power to conceal their plans from the public. Think it's difficult to parse Disney's intentions now? Wait to see how much they can hide when they're allowed to move all their planning to the Orange County and Osceola County websites. According to similarweb, those sites collectively serve about 10 percent of the number of readers who regularly visit the Orlando Sentinel's website. Richard Karpel is executive director of the Public Notice Resource Center, a nonprofit organization funded by te newspaper indus- try providing education and research on the importance of effective public notice.. By RICHARD KARPEL Disney's 'secret' plan was hiding in plain sight "Disney didn't do anything secret. They publicized (their plan), they advertised it."

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