Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29D - Northeast Florida Regional Planning Council › Chapter 29D-6 - REGIONAL DISPUTE RESOLUTION › Section 29D-6.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Situation Assessment - is a procedure of
				information collection that may involve review of documents, interviews and/or
				assessment meetings leading to a written and/or verbal report(s) identifying:
				the issues in the dispute; the stakeholders; information needed before a
				decision can be made; and a recommendation on the best dispute resolution
				procedures.
(2) Pre-initiation
				meetings - are opportunities for a party to discuss the suitability to the RDRP
				with the RPC staff for resolving their dispute before formally initiating the
				RDRP.
(3) Facilitation - is a
				procedure in which a facilitator helps the parties design and follow a meeting
				agenda and assists parties to communicate more effectively throughout the
				process. The facilitator has no authority to make or recommend a
				decision.
(4) Mediation - is a
				procedure in which a neutral third party assists disputing parties in a
				negotiation process to explore their interests, develop and evaluate options,
				and reach a mutually acceptable agreement without prescribing a resolution. A
				mediator may take more control of the process than a facilitator and usually
				works in more complex cases where a dispute is more clearly defined.
(5) Advisory Decision Making - is a procedure
				aimed at enhancing the effectiveness of negotiations and helping parties more
				realistically evaluate their negotiation positions. This procedure may include
				fact finding, neutral evaluation, and/or advisory arbitration in which a
				neutral party or panel listens to the facts and arguments presented by the
				parties and renders a non-binding advisory decision.
(6) Jurisdiction - is any local government or
				regional agency.
(7) Named
				Party(ies) - shall be any jurisdiction, public or private organization, group
				or individual who is named in an initiation letter, including the initiating
				jurisdiction, or is admitted by the named parties to participate in settlement
				of a dispute pursuant to subsections
				 29D-6.003(1), (2) and
				(3), F.A.C. Being a named party in the RDRP
				does not convey or limit standing in any judicial or administrative
				proceeding.
(8) Representative - is
				an individual who is given guidance and authority to act, to the extent
				possible; by a named party in a RDRP case. This individual shall be designated
				by the process set forth pursuant to Rule
				 29D-6.003, F.A.C.
(9) Initiation Letter - is a letter from a
				jurisdiction formally identifying a dispute and asking named parties to engage
				in this process to resolve the dispute, and, at a minimum, attend the initial
				settlement meeting. Rule
				 29D-6.010, F.A.C., specifies
				what is required in an initiation letter.
(10) Response Letter - is a letter which
				formally notifies the initiator, the Northeast Florida Regional Planning
				Council, and other named parties that a party is willing to participate in the
				RDRP and, at a minimum, attend at least one settlement meeting. subsection
				 29D-6.010(3),
				F.A.C., specifies what must be included in a response letter.
(11) Settlement Agreement - may be
				voluntarily approved by the individual or governing body authorized to bind the
				named party. Agreements may take the form of memorandums of understanding,
				contracts, interlocal agreements or other for mutually agreed to by the
				signatory parties or as required by law. A settlement, may be agreed to by some
				or all of the named parties.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 7-5-94.