Florida Regulations 29L-7.009: Initiation of the Process by Jurisdictions
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(1) This process is initiated by a request letter from the representative of the governing body of a jurisdiction to the named parties involved in the dispute and to the ARPC staff. This letter must be accompanied by a resolution of the governing body authorizing initiation or by a copy of a written authorization of a representative to initiate requests to use the process.
(2) Such a request letter shall identify: the issues to be discussed, named parties to be involved in the dispute resolution process, the initiating party’s representative and others who will attend, and a brief history of the dispute indicating why it is appropriate for this process.
(3) Named parties shall send a response letter to the ARPC staff and all other named parties confirming their willingness to participate in a settlement meeting within twenty-one (21) days of receiving a request. This response shall include any additional issues and parties the respondent wishes considered, as well as a brief history of the dispute and description of the situation from the respondent’s point of view.
(4) Upon receipt of a request the ARPC staff shall assess its interest in the case. If the ARPC is a named party or sees itself as a potential party, it shall notify the named parties of the nature of its interest and ascertain whether the parties desire an outside facilitator for the initial settlement meeting.
(5) The ARPC may not initiate the RDRP but may recommend that a potential dispute is suitable for this process and transmit its recommendation to potential parties, who may, at their discretion, initiate the RDRP.
(6) The ARPC staff shall schedule a meeting within thirty (30) days of the date of the initiation request.
(7) In the event that a dispute involves jurisdictions under two or more regional planning councils, the process adopted by the region of the initiating jurisdiction shall govern, unless the named parties agree otherwise.
Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented Florida Statutes § 186.509. History-New 3-29-94.
Terms Used In Florida Regulations 29L-7.009
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(3) Named parties shall send a response letter to the ARPC staff and all other named parties confirming their willingness to participate in a settlement meeting within twenty-one (21) days of receiving a request. This response shall include any additional issues and parties the respondent wishes considered, as well as a brief history of the dispute and description of the situation from the respondent’s point of view.
(4) Upon receipt of a request the ARPC staff shall assess its interest in the case. If the ARPC is a named party or sees itself as a potential party, it shall notify the named parties of the nature of its interest and ascertain whether the parties desire an outside facilitator for the initial settlement meeting.
(5) The ARPC may not initiate the RDRP but may recommend that a potential dispute is suitable for this process and transmit its recommendation to potential parties, who may, at their discretion, initiate the RDRP.
(6) The ARPC staff shall schedule a meeting within thirty (30) days of the date of the initiation request.
(7) In the event that a dispute involves jurisdictions under two or more regional planning councils, the process adopted by the region of the initiating jurisdiction shall govern, unless the named parties agree otherwise.
Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented Florida Statutes § 186.509. History-New 3-29-94.