Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29C - North Central Florida Regional Planning Council › Chapter 29C-8 - RULES OF PROCEDURE AND PRACTICE PERTAINING TO THE REGIONAL DISPUTE RESOLUTION PROCESS (RDRP) › Section 29C-8.002 - 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 an
				assessment meeting to identify the issues in dispute, the stakeholders,
				information needed before a decision can be made, or a recommendation for
				appropriate dispute resolution procedures.
(2) PRE-INITIATION MEETINGS are opportunities
				for a party to discuss the suitability of the RDRP with the RPC staff for
				resolving their dispute before formally initiating the RDRP.
(3) FACILITATION is a procedure in which a
				neutral party, acting as a facilitator, helps the named 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 party, acting as a mediator, assists named parties
				in a negotiation process in exploring their interests, developing and
				evaluating options, and reaching a mutually-acceptable agreement. 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
				neutral evaluation, 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, regional, or state government or agency, including
				special districts, authorities and school boards.
(7) NAMED PARTY shall be any jurisdiction,
				public or private organization, group or individual which (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
				 29C-8.003(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. Subsection
				 29C-8.003(4),
				F.A.C., sets forth the designation process.
(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. Subsection
				 29C-8.010(2),
				F.A.C., specifies what must be included in an initiation letter.
(10) RESPONSE LETTER formally notifies the
				initiator 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
				 29C-8.010(3),
				F.A.C., specifies what must be included in a response letter.
(11) SETTLEMENT AGREEMENTS 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 form 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 7-12-94.