Florida Regulations 29C-8.001: Purpose
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(1) The purpose of the 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: process initiation (initiation and response letters), and settlement meetings; and five optional components: pre-initiation meeting, situation assessments, mediation, advisory decision-making, and reference to other dispute resolution processes (judicial, administrative or arbitration proceedings).
(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning and growth management issues. The process is designed to 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 for the involvement of affected and responsible parties, and provide as much process certainty as possible.
(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 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 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.
(5) Use of the RDRP shall not alter a jurisdiction‘s organization’s, group’s or individual’s right to a judicial 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 7-12-94.
Terms Used In Florida Regulations 29C-8.001
- 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: extrajurisdictional 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 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.
(5) Use of the RDRP shall not alter a jurisdiction‘s organization’s, group’s or individual’s right to a judicial 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 7-12-94.