Florida Regulations 29D-6.010: Initiation of the Procedure
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(1) This process is initiated by an initiation letter from the representative of the governing body of a jurisdiction to the named parties involved in the dispute and to the NEFRPC 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 issue to be discussed; named parties to be involved in the dispute resolution process; the initiating party’s representatives and others who will attend, and a brief history of the dispute indicating why it is appropriate for this process.
(3) Private interests may ask any jurisdiction to initiate the process.
(4) Named parties shall send a response letter to the NEFRPC staff, and all other parties confirming their willingness to participate in a settlement meeting within ten 10 calendar days of receipt of the initiation letter. This response shall include any additional issues and potential named 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.
(5) Upon receipt of a request the NEFRPC shall assess its interest in the case. If the NEFRPC 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.
(6) The NEFRPC 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.
(7) The NEFRPC staff shall schedule a meeting at the most convenient time within thirty (30) days of the date of the initiation request.
(8) Any dispute which arise from the intergovernmental review required by local government intergovernmental coordination element, or from inconsistencies between port master plans and local government comprehensive plan shall automatically be accepted for dispute resolution by the NEFRPC.
(9) 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 7-5-94.
Terms Used In Florida Regulations 29D-6.010
- 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) Private interests may ask any jurisdiction to initiate the process.
(4) Named parties shall send a response letter to the NEFRPC staff, and all other parties confirming their willingness to participate in a settlement meeting within ten 10 calendar days of receipt of the initiation letter. This response shall include any additional issues and potential named 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.
(5) Upon receipt of a request the NEFRPC shall assess its interest in the case. If the NEFRPC 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.
(6) The NEFRPC 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.
(7) The NEFRPC staff shall schedule a meeting at the most convenient time within thirty (30) days of the date of the initiation request.
(8) Any dispute which arise from the intergovernmental review required by local government intergovernmental coordination element, or from inconsistencies between port master plans and local government comprehensive plan shall automatically be accepted for dispute resolution by the NEFRPC.
(9) 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 7-5-94.