The purpose and effect of this amendment is to clarify the Council’s dispute resolution process.

REGIONAL PLANNING COUNCILS
Tampa Bay Regional Planning Council

RULE NO: RULE TITLE
29H-13.012: Role of the Regional Planning Council/Regional Planning Council Staff
29H-13.014: Compensation for Regional Planning Council and Mediator
PURPOSE AND EFFECT: The purpose and effect of this amendment is to clarify the Council’s dispute resolution process.
SUMMARY: The amendment authorizes a designee to serve as mediator or arbitrator and revises the method by which the Council will be reimbursed for this service.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 186.504, 186.505, 163.01, 120.53, 120.54 FS.
LAW IMPLEMENTED: 186.504, 186.505, 163.01, 120.53, 120.54 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, December 15, 2008, 9:00 a.m.
PLACE: Tampa Bay Regional Planning Council, 4000 Gateway Center Blvd., Suite 100, Pinellas Park, Florida 33782
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ms. Wren Krahl [phone], ext. 22 or email [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Manny Pumariega, Executive Director, Tampa Bay Regional Planning Council, 4000 Gateway Center Blvd., Suite 100, Pinellas Park, Florida 33782

THE FULL TEXT OF THE PROPOSED RULE IS:

29H-13.012 Role of the Regional Planning Council/Regional Planning Council Staff.

(1) The Council shall be responsible for the implementation of this rule. The Council staff or designee shall serve as facilitator and shall perform the administrative procedures necessary to implement the process set forth in this rule. A Council, member or Council staff or designee may serve as a mediator or an arbitrator.

(2) through (3) No change.

Specific Authority 186.504, 186.505, 186.505(1), 186.505(10), 186.505(12), 186.505(17), 186.505(20), 186.509 FS. Law Implemented 186.504, 186.505, 186.509 FS. History–New 4-10-94, Amended________.

 

29H-13.014 Compensation for Regional Planning Council and Mediator.

The Council shall be reimbursed for dispute resolution services performed by a Council member, staff or designee staff time at an amount to be agreed upon hourly rate of $50.00 per hour plus any additional out-of-pocket expenses. Outside professional mediators shall be paid at their standard rate. The expenses of the Council and the professional mediator may be shared equally or in accordance with an agreed upon formula by the parties involved in the dispute. The parties shall enter into a fee agreement at the initial meeting.

Specific Authority 186.504, 186.505, 186.505(1), 186.505(12), 186.505(19) FS. Law Implemented 186.504, 186.505, 186.509 FS. History–New 4-10-94, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Manny Pumariega, Executive Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tampa Bay Regional Planning Council
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 13, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 24, 2008