Florida Regulations 29A-3.001: Purpose
Current as of: 2024 | Check for updates
|
Other versions
(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: (a) process initiation (initiation and response letters), and (b) settlement meetings; and four optional components: (c) pre-initiation meeting, (d) situation assessments, (e) mediation, and (f) advisory decision-making.
(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning 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 as much process certainty as possible.
(3) The RDRP may be used to resolve disputes involving: extra jurisdictional impacts as provided for in the intergovernmental coordination elements of local comprehensive plans, as required by Florida Statutes § 163.3177; inconsistencies between port master plans and local comprehensive plans as required by Florida Statutes § 163.3178; the siting of community residential homes as required by Florida Statutes § 419.001(5), and any other matters caused by statutes which reference the RDRP process.
(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.
(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.
(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.
Specific Authority 186.509 FS. Law Implemented Florida Statutes § 186.509. History-New 11-13-94.
Terms Used In Florida Regulations 29A-3.001
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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) The RDRP may be used to resolve disputes involving: extra jurisdictional impacts as provided for in the intergovernmental coordination elements of local comprehensive plans, as required by Florida Statutes § 163.3177; inconsistencies between port master plans and local comprehensive plans as required by Florida Statutes § 163.3178; the siting of community residential homes as required by Florida Statutes § 419.001(5), and any other matters caused by statutes which reference the RDRP process.
(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.
(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.
(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.
Specific Authority 186.509 FS. Law Implemented Florida Statutes § 186.509. History-New 11-13-94.