Fla. Admin. Code Ann. R. 29K-4.010 - Purpose
(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),
(b)
Settlement meetings, and five optional components:
1. Pre-initiation meetings,
2. Situation assessments,
3. Mediation,
4. Advisory decision-making, and
5. 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 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 for the appropriate 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 Section 163.3177, F.S.; inconsistencies
between port master plans and local comprehensive plans, as required by Section
163.3178, F.S.; the siting of
community residential homes, as required by Section
419.001(5),
F.S.; 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 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.
Notes
Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS.
New 6-26-94.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.