Florida Regulations 29A-3.010: Initiation of the Process by Jurisdictions
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(1) This process is initiated by an initiation letter from the representative of the governing body of a jurisdiction, other than a regional planning council, to the named parties as provided for in subsections 29A-3.003(1) and 29A-3.003(2), F.A.C., and to the RPC staff. The initiation 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 RDRP.
(2) Such an initiation 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) Within twenty-one (21) days of receipt of the initiation letter, named parties shall send a response letter to the RPC staff, and all other named parties, confirming their willingness to participate in a settlement meeting. This response letter shall include any additional issues and potential named parties the respondent wishes considered, as well as, a brief history of the dispute and a description of the situation from the respondent’s point of view.
(4) Upon receipt of a request, the RPC staff shall assess its interest in the case. If the RPC 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 RPC 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 RPC staff shall schedule a meeting at the most convenient time within thirty (30) days of the date of receipt 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.
Specific Authority 186.509 FS. Law Implemented Florida Statutes § 186.509. History-New 11-13-94.
Terms Used In Florida Regulations 29A-3.010
- 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) Within twenty-one (21) days of receipt of the initiation letter, named parties shall send a response letter to the RPC staff, and all other named parties, confirming their willingness to participate in a settlement meeting. This response letter shall include any additional issues and potential named parties the respondent wishes considered, as well as, a brief history of the dispute and a description of the situation from the respondent’s point of view.
(4) Upon receipt of a request, the RPC staff shall assess its interest in the case. If the RPC 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 RPC 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 RPC staff shall schedule a meeting at the most convenient time within thirty (30) days of the date of receipt 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.
Specific Authority 186.509 FS. Law Implemented Florida Statutes § 186.509. History-New 11-13-94.