Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.002 - 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 leading to a written or oral report identifying the issues
				in dispute, the stakeholders, the information needed before a decision can be
				made, and a recommendation for appropriate dispute resolution procedures. This
				procedure is sometimes referred to as "fact finding."
(2) "Pre-initiation meeting" is a meeting
				which provides the opportunity for a party to discuss with the RPC staff the
				suitability of the RDRP for resolution of a dispute before formal initiation of
				the RDRP.
(3) "Facilitation" is a
				procedure in which the facilitator helps the parties to design and follow a
				meeting agenda and assists the 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 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 (who
				may take more control of the process than a facilitator) usually works in more
				complex cases in which 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, 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, including any special district, authority, or school
				board.
(7) "Named party" is any
				jurisdiction, organization, group, or individual who is named in an initiation
				letter, including the initiating jurisdiction, or any jurisdiction,
				organization, group, or individual who is permitted by the named parties to
				participate in settlement of a dispute pursuant to subsections
				 29I-7.003(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
				 29I-7.003(4),
				F.A.C., sets forth the process for designation of a representative.
(9) "Initiation letter" is a letter from a
				jurisdiction that formally identifies a dispute, asks named parties to engage
				in this process to resolve the dispute, and, at a minimum, requests the named
				parties to attend the initial settlement meeting. Rule
				 29I-7.010, F.A.C., specifies
				what must be included in an initiation letter.
(10) "Response letter" is a letter that
				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  29I-7.010(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 some 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.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.