29K-4.010. Purpose  


Effective on Sunday, June 26, 1994
  • 1(1) The purpose of this rule is to establish a voluntary regional dispute resolution process (RDRP) to reconcile differences on planning, growth management and other issues among local governments, regional agencies and private interests. The process consists of two basic components:

    42(a) Process initiation (initiation and response letters),

    49(b) Settlement meetings, and five optional components:

    561. Pre-initiation meetings,

    592. Situation assessments,

    623. Mediation,

    644. Advisory decision-making, and

    685. Reference to other dispute resolution processes (judicial, administrative or arbitration proceedings).

    80(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning and growth management issues that will: clearly identify and resolve problems as early as possible; utilize the procedures in a low-to-high cost sequence; allow flexibility in the order in which the procedures are used; provide for the appropriate involvement of affected and responsible parties; and provide as much process certainty as possible.

    149(3) The RDRP may be used to resolve disputes involving: extrajurisdictional impacts as provided for in the intergovernmental coordination elements of local comprehensive plans, as required by Section 177163.3177, F.S.; 179inconsistencies between port master plans and local comprehensive plans, as required by Section 192163.3178, F.S.; 194the siting of community residential homes, as required by Section 204419.001(5), F.S.; 206and any other matters covered by statutes which reference the RDRP.

    217(4) The RDRP shall not be used to address disputes involving environmental permits or other regulatory matters unless all of the parties involved agree to initiate use of the RDRP.

    247(5) Use of the RDRP shall not alter a jurisdiction’s, organization’s, group’s or individual’s right to a judicial or administrative determination of any issue if that entity is entitled to such a determination under statutory or common law.

    285(6) Participation in the RDRP as a named party or in any other capacity does not convey or limit intervenor status or standing in any judicial or administrative proceedings.

    314Rulemaking Authority 316186.509 FS. 318Law Implemented 320186.509 FS. 322History–New 6-26-94.

     

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