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Florida Administrative Code (Last Updated: April 18, 2024) |
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29. Regional Planning Councils |
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29D. Northeast Florida Regional Planning Council |
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29D-6. Regional Dispute Resolution |
1(1) Situation Assessment – is a procedure of information collection that may involve review of documents, interviews and/or assessment meetings leading to a written and/or verbal report(s) identifying: the issues in the dispute; the stakeholders; information needed before a decision can be made; and a recommendation on the best dispute resolution procedures.
53(2) Pre-initiation meetings – are opportunities for a party to discuss the suitability to the RDRP with the RPC staff for resolving their dispute before formally initiating the RDRP.
82(3) Facilitation – is a procedure in which a facilitator helps the parties design and follow a meeting agenda and assists parties to communicate more effectively throughout the process. The facilitator has no authority to make or recommend a decision.
122(4) Mediation – is a procedure in which a neutral third party assists disputing parties in a negotiation process to explore their interests, develop and evaluate options, and reach a mutually acceptable agreement without prescribing a resolution. A mediator may take more control of the process than a facilitator and usually works in more complex cases where a dispute is more clearly defined.
185(5) Advisory Decision Making – is a procedure aimed at enhancing the effectiveness of negotiations and helping parties more realistically evaluate their negotiation positions. This procedure may include fact finding, neutral evaluation, and/or advisory arbitration in which a neutral party or panel listens to the facts and arguments presented by the parties and renders a non-binding advisory decision.
243(6) Jurisdiction – is any local government or regional agency.
253(7) Named Party(ies) – shall be any jurisdiction, public or private organization, group or individual who is named in an initiation letter, including the initiating jurisdiction, or is admitted by the named parties to participate in settlement of a dispute pursuant to subsections 29629D-6.003(1), 297(2) and (3), F.A.C. Being a named party in the RDRP does not convey or limit standing in any judicial or administrative proceeding.
320(8) Representative – is an individual who is given guidance and authority to act, to the extent possible; by a named party in a RDRP case. This individual shall be designated by the process set forth pursuant to Rule 35929D-6.003, 360F.A.C.
361(9) Initiation Letter – is a letter from a jurisdiction formally identifying a dispute and asking named parties to engage in this process to resolve the dispute, and, at a minimum, attend the initial settlement meeting. Rule 39829D-6.010, 399F.A.C., specifies what is required in an initiation letter.
408(10) Response Letter – is a letter which formally notifies the initiator, the Northeast Florida Regional Planning Council, and other named parties that a party is willing to participate in the RDRP and, at a minimum, attend at least one settlement meeting. subsection 45129D-6.010(3), 452F.A.C., specifies what must be included in a response letter.
462(11) Settlement Agreement – may be voluntarily approved by the individual or governing body authorized to bind the named party. Agreements may take the form of memorandums of understanding, contracts, interlocal agreements or other for mutually agreed to by the signatory parties or as required by law. A settlement, may be agreed to by some or all of the named parties.
523Specific Authority 525186.509 FS. 527Law Implemented 529186.509 FS. 531History–New 7-5-94.
