29K-4.011. Definitions

(1) “Situation assessment” is a procedure of information collection that may involve review of documents, interviews and an assessment meeting leading to a written or verbal report identifying: the issues in dispute; the stakeholders; information needed before a decision can be made; and a recommendation for appropriate dispute resolution procedures.

(2) “Pre-initiation meetings” are opportunities for a party to discuss the suitability of the RDRP with the RPC staff for resolving their dispute before formally initiating the RDRP.

(3) “Facilitation” is a procedure in which the 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.

(4) “Mediation” is a procedure in which a neutral 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.

(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 neutral evaluation, or advisory arbitration in which a neutral party or panel listens to the facts and arguments presented by the parties and render a non-binding advisory decision.

(6) “Jurisdiction” is any local government or regional agency, including: special districts, authorities or school boards.

(7) “Named party” 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 29K-4.012(1), (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.

(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. Subsection 29K-4.012(3), F.A.C., sets forth the designation process.

(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. Subsection 29K-4.019(2), F.A.C., specifies what must be included in an initiation letter.

(10) “Response letter” formally notifies the initiator 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 29K-4.019(3), F.A.C., specifies what must be included in a response letter.

(11) “Settlement agreements” may be voluntarily approved by the individual or governing body authorized to bind the named party. Agreements may take the form of memoranda of understanding, contracts, interlocal agreements or other forms 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.

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.