The purpose of the revisions to the proposed rules is to update certain rulemaking authority references and to otherwise update certain provisions of 29J-3.001 and 29J-3.013 to comply with current Florida law.

 

REGIONAL PLANNING COUNCILS

South Florida Regional Planning Council

RULE NOS.:RULE TITLES:

29J-3.001Purpose

29J-3.013Mediation

PURPOSE AND EFFECT: The purpose of the revisions to the proposed rules is to update certain rulemaking authority references and to otherwise update certain provisions of 29J-3.001 and 29J-3.013 to comply with current Florida law.

SUMMARY: Proposed revisions to Rule 29J-3 include redundant language, incorporating new material, updating and correcting typographical errors.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

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.

RULEMAKING AUTHORITY: 163.01, 186.505, 186.509, F.S.

LAW IMPLEMENTED: 120.54, 163.01, 163.01(5)(h), 186.505, 186.505(1), 186.509, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Isabel Cosio Carballo at [phone] or [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).. 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: Isabel Cosio Carballo, Executive Director, South Florida Regional Planning Council, One Oakwood Boulevard, Suite 250, Hollywood, Florida 33020. [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

29J-3.001 Purpose.

(1) through (2) No Change.

(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 163.3177, F.S.; inconsistencies between port master plans and local comprehensive plans, as required by Section 163.3178, F.S.; the siting of community residential homes, as required by Section 419.001(5), F.S.; and any other matters covered by statutes which reference the RDRP.

(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.

(3) (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.

(4) (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.

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Amended.

 

29J-3.013 Mediation.

(1) No Change.

(2) All disputes shall be mediated by a mediator who understands Florida growth management issues, has mediation experience, and is acceptable to the parties. Parties may consider mediators who are on the Florida Growth Management Conflict Resolution Consortium rosters or any other mutually acceptable mediator. Mediators shall be guided by the Florida Rules for Certified and Court Appointed Mediators, Part II Standards of Professional Conduct (amendments as of 2/15/22), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, which shall be incorporated herein by reference. A copy of the material may be obtained at rules-certified-court-appointed-mediators.pdf (flcourts.org) or (contacting South Florida Regional Planning Council, One Oakwood Boulevard, Suite 250, Hollywood, Florida 33020. [phone]), Florida Rules of Civil Procedure, Rule 10, Part II, Section 020-150.

(3) No Change.

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Amended.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Isabel Cosio Carballo, Executive Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Regional Planning Council

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 19, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 1, 2022