reglab/statecodes huggingface dataset:
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-6 - REGIONAL COMPREHENSIVE POLICY PLAN › Section 29I-6.002 - Strategic Regional Policy Plan

Current through Reg. 50, No. 138; July 16, 2024
There is hereby adopted, for the Southwest Florida Region,
				  the Strategic Regional Policy Plan for the Southwest Florida Regional Planning
				  Council, August 2001, which is incorporated herein by reference and copies of
				  which are kept at the Council office at: 4980 Bayline Drive, 4th Floor, North
				  Fort Myers, Florida 33917. Copies are also available at our website:
				  www.swfrpc.org/publctns.htm.
VOLUME TWO: GOALS, STRATEGIES, AND ACTIONS.
Rulemaking Authority
					 186.508(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 10-23-95, Amended
					 7-3-02.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
(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 seven
				components:
(a) process initiation
				(initiation and response letters),
(b) settlement meetings,
(c) pre-initiation meeting,
(d) situation assessment,
(e) mediation,
(f) advisory decision-making, and
(g) reference to other dispute resolution
				processes (judicial, administrative, or arbitration proceedings). Components
				(a) and (b) are required while components (c), (d), (e), (f), and (g) are
				optional.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.004 - Costs

Current through Reg. 50, No. 138; July 16, 2024
(1) There shall be no charge for processing a
				RDRP initiation request and facilitation of the initial settlement meeting. The
				SWFRPC shall be compensated for situation assessments, facilitation of
				additional settlement meetings, mediation, technical assistance, and other
				staff services at its standard rate or as negotiated by the parties. Outside
				professional neutrals shall be compensated at their standard rate or as
				negotiated by the parties.
(2) The
				costs of administration, settlement meetings, mediation, or advisory
				decision-making shall be split equally between the parties or as otherwise
				agreed. The agreed upon cost allocation shall be documented in a written fee
				agreement.
(3) Jurisdictions
				formally adopting this process shall establish budgeting procedures for paying
				the cost of participation in this process.
Rulemaking Authority
					 186.505(1) FS.
					 Law Implemented 186.505(5),
					 186.505(19)
					 FS.
New 4-12-94, Amended
					 5-14-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.005 - Time Frames

Current through Reg. 50, No. 138; July 16, 2024
(1) The initial settlement meeting shall be
				scheduled and held within 30 days of the date of receipt of the initiation
				letter at a time and place convenient to the named parties.
(2) Additional settlement meetings,
				mediation, or advisory decision-making shall be completed within 45 days of the
				date of the conclusion of the initial settlement meeting.
(3) All time frames specified or agreed to in
				this process may be altered by mutual agreement of the named parties.
(4) The parties may, by agreement, utilize
				procedures in the RDRP in any order.
(5) Where necessary to allow this process to
				be carried out effectively, named parties should consider deferring or seeking
				stays of judicial or administrative proceedings.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.006 - Administrative Protocols

Current through Reg. 50, No. 138; July 16, 2024
The Regional Planning Council is authorized to write and
				  adopt such administrative procedures as are necessary to implement this rule.
				  These may address staff and Council roles, procedures for situation assessment
				  and the selection of neutrals, development of consumer guides, or other
				  matters. Where required pursuant to Chapter
				   120.52, F.S., policies and
				  guidelines should be adopted as rules.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.007 - Public Notice, Records, and Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
(1) Named
				parties should consider the provision of appropriate opportunities for public
				input at each step in this process. This could include the submission of
				comments on issues, alternative solutions, and the impacts of proposed
				agreements.
(2) Applicable public
				notice and public records requirements shall be observed as required by
				Chapters 119 and 120, F.S.
(3)
				Participants in these procedures agree by their participation that no comments,
				meeting records, or written or oral offers of settlement shall be offered by
				them as evidence in a subsequent judicial or administrative action.
(4) To the extent permitted by law, mediation
				under this process will be governed by the confidentiality provisions of
				Chapter 44, F.S., and other applicable law.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.008 - Pre-Initiation Meeting

Current through Reg. 50, No. 138; July 16, 2024
A jurisdiction, organization, group, or individual
				  contemplating initiation of this process may request an informal pre-initiation
				  meeting with the RPC staff in order to ascertain whether the potential dispute
				  would be appropriate for this process. The Regional Planning Council at the
				  next regularly scheduled or emergency meeting shall authorize the staff to act
				  as appropriate pursuant to Rules
				   29I-7.009, .010, .011, .012,
				  .013 and .014, F.A.C.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.009 - Situation Assessment

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				jurisdiction, organization, group, or individual may request that the RPC staff
				or other neutral perform a situation assessment at any time, before or after
				initiation of the process.
(2) The
				situation assessment may involve examination of documents, interviews, and
				assessment meetings and shall recommend issues to be addressed, parties that
				may participate, appropriate resolution procedures, and a proposed
				schedule.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.010 - Initiation of the Process by Jurisdictions

Current through Reg. 50, No. 138; July 16, 2024
(1) This
				process is initiated by an initiation letter from the representative of the
				governing body of a jurisdiction, other than a regional planning council, to
				the named parties as provided for in subsections
				 29I-7.003(1) and
				(2), F.A.C., and to the RPC staff. The
				initiation letter must be accompanied by a resolution of the governing body
				authorizing initiation or by a copy of a written authorization for the
				representative to initiate a request to use the RDRP process.
(2) Such an initiation letter shall identify
				the issues to be discussed, named parties to be involved in the dispute
				resolution process, the initiating party's representative and others who will
				attend, and a brief history of the dispute indicating why it is appropriate for
				this process.
(3) Named parties
				shall send a response letter to the RPC staff and all other named parties
				confirming their willingness to participate in a settlement meeting within
				twenty-one (21) days of receipt of the initiation letter. This response letter
				shall include any additional issues and potential named parties that the
				respondent wishes considered, as well as a brief history of the dispute and a
				description of the situation from the respondent's point of view.
(4) Upon receipt of a request, the RPC staff
				shall assess the interest of the RPC in the case. If the RPC 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.
(5) The RPC 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.
(6) The RPC staff shall
				schedule a meeting at the most convenient time within thirty (30) days of the
				date of the receipt of the initiation request, unless the named parties agree
				otherwise.
(7) In the event that a
				dispute involves jurisdictions under two or more Regional Planning Councils,
				the process adopted by the Regional Planning Council of the initiating
				jurisdiction shall govern, unless the named parties agree
				otherwise.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.011 - Requests to Initiate Submitted by Others

Current through Reg. 50, No. 138; July 16, 2024
(1) Private
				interests may ask any jurisdiction to initiate the process.
(2) Any public or private organization,
				group, or individual may request that the RPC recommend use of this process to
				address a potential dispute in accordance with subsection
				 29I-7.010(5),
				F.A.C. Such a request shall be submitted in writing and shall include the
				information required for an initiation letter in subsection
				 29I-7.010(2),
				F.A.C.
(3) After reviewing the
				material submitted by, and consulting with, the requesting organization, group,
				or individual, the RPC staff will conduct a situation assessment and prepare a
				written report. The Council at the next regularly scheduled or emergency
				meeting, shall act to amend, reject, or affirm the recommendations of its
				staff.
(4) If the RPC determines
				that the potential dispute is suitable for the process, it shall transmit that
				determination in writing to the potential parties, as agreed upon by the RPC
				and the requesting organization, group, or individual. The determination may
				include a recommendation that one or more of the jurisdictions among the
				potential parties initiate the procedure. The RPC may also suggest that other
				resolution processes be considered.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.012 - Settlement Meetings

Current through Reg. 50, No. 138; July 16, 2024
(1) Settlement
				meetings shall, at a minimum, be attended by the properly designated
				representatives of the named parties.
(2) Settlement meetings shall be facilitated
				by an RPC staff member or other neutral facilitator acceptable to the parties
				and shall be held at a time and place acceptable to the parties within 30 days
				after the date of the receipt of the initiation request, unless the named
				parties agree otherwise.
(3) At the
				settlement meeting, the parties shall consider the addition of named parties,
				consider guidelines for participation, identify the issues to be addressed,
				present their concerns and constraints, explore options for a solution, and
				seek agreement.
(4) The parties
				shall submit a settlement meeting report in accordance with subsection
				 29I-7.015(4),
				F.A.C., of this process.
(5) If an
				agreed-upon settlement meeting is not held or a settlement meeting produces no
				agreement to proceed to additional settlement meetings, mediation, or advisory
				decision-making, any party who has agreed to participate in this procedure may
				withdraw or may proceed to a joint meeting of governing bodies pursuant to
				Chapter 164, F.S., litigation, an administrative hearing, or arbitration, as
				appropriate.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.013 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) If two or more named parties submit a
				request for formal mediation to the RPC, the RPC shall assist them to select
				and retain a mediator or the named parties may request that the RPC select a
				mediator. An informal mediation may be administered by the staff of the
				Regional Planning Council or a member of the Regional Planning
				Council.
(2) All formal mediations
				shall be mediated by a mediator who understands Florida growth management
				issues, has mediation experience, and is acceptable to the parties. Parties may
				consider mediators who are on the Florida Growth Management Conflict Resolution
				Consortium rosters or any other mutually acceptable mediator. Mediators shall
				be guided by the Standards of Professional Conduct, Florida Rules of Civil
				Procedure, Rule 10, Part II, Section 020-150, F.S.
(3) The parties shall submit a mediation
				report in accordance with subsection
				 29I-7.015(4),
				F.A.C., of this process.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.014 - Advisory Decision-Making

Current through Reg. 50, No. 138; July 16, 2024
(1) If two or
				more of the named parties submit a request for advisory decision-making to the
				Regional Planning Council;
(a) The RPC shall
				assist the parties to select and retain an appropriate neutral;
(b) The parties may request that the RPC make
				the selection; or
(c) The parties
				may request the RPC to provide an advisory opinion at a regularly scheduled or
				emergency meeting. Parties serving on the Regional Planning Council may excuse
				themselves from voting on advisories which directly address their
				jurisdiction.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.015 - Settlement Agreements and Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) The form of
				all settlements reached through this process shall be determined by the named
				parties, and may include interlocal agreements, concurrent resolutions,
				memoranda of understanding, plan amendments, deed restrictions, or other forms
				as appropriate.
(2) Agreements
				signed by designated representatives may be in the form of recommendations to
				formal bodies and subject to their formal approval.
(3) Agreements may be reached by two or more
				parties even if all of the named parties do not agree or do not sign a formal
				agreement.
(4) After settlement
				meetings, mediation, or advisory decision-making under this process, the named
				parties shall submit a joint report to the RPC which shall, at a minimum,
				include:
(a) An identification of the issues
				discussed and copies of any agreement reached;
(b) A list of potentially affected or
				involved jurisdictions, organizations, groups, or individuals (including those
				which may not be named parties);
(c) A time frame for starting and ending
				informal negotiations, additional settlement meetings, mediation, advisory
				decision-making, joint meetings of elected bodies, administrative hearings, or
				litigation;
(d) Any additional RPC
				assistance requested;
(e) A written
				fee allocation agreement to cover the costs of agreed-upon RDRP
				procedures;
(f) A description of
				responsibilities and schedules for implementation and enforcement of agreements
				reached; and,
(g) Any statements
				that any named party wishes to include.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-7 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29I-7.016 - Other Dispute Resolution Processes

Current through Reg. 50, No. 138; July 16, 2024
(1) The RDRP is
				a voluntary opportunity for parties to negotiate a mutual agreement. It may be
				used before, in parallel with, or after judicial or administrative
				proceedings.
(2) When appropriate,
				parties may obtain a stay of judicial or administrative proceedings to provide
				time for RDRP negotiations.
(3) Use
				of the RDRP shall not alter the right of a jurisdiction, organization, group,
				or individual to a judicial or administrative determination of any issue if
				that entity or person is entitled to such a determination under statutory or
				common law.
(4) 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.
(5) In addition to the
				Regional Dispute Resolution Process authorized by Section
				 186.509, F.S., parties may
				consider the applicability of other resolution processes within Florida
				statutes, including the following: Intergovernmental Coordination Element,
				Sections 163.3177(5)(h)1. and 2., F.S.; Port Master Plans, Section
				 163.3178, F.S.; Community
				Residential Homes, Section
				 419.001(5),
				F.S.; Cross Acceptance Negotiation Process, Section
				 186.505(22),
				F.S.; Location of Spoil Sites, Section
				 380.32(14),
				F.S.; Administrative Procedures Act, Chapter 120, F.S.; Florida Governmental
				Cooperation Act, Chapter 164, F.S.; and Mediation Alternatives to Judicial
				Action, Chapter 44, F.S.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-12-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.001 - General

Current through Reg. 50, No. 138; July 16, 2024
The rules of this chapter provide the practices and
				  procedures to be followed by all persons when dealing with the South Florida
				  Regional Planning Council. These rules are in addition to all practices,
				  procedures and definitions imposed by applicable statutes, regulations, and
				  rules including, but not limited to, the following: Chapters 23, 120, 163, 186
				  and 380, F.S., and Chapter 28, F.A.C.
Rulemaking Authority
					 120.54,
					 163.01,
					 186.501 FS. Law Implemented
					 120.54,
					 163.01(5)(h),
					 186.505
					 FS.
New 8-6-75, Formerly 29J-2.01, Amended
					 3-9-99.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.002 - Meetings, Hearings and Workshops

Current through Reg. 50, No. 138; July 16, 2024
(1) Persons who
				wish to address the Council on a matter not specifically included on the agenda
				for the Council's upcoming public meeting, hearing or workshop shall so notify
				the Chair or the Executive Director in writing to the South Florida Regional
				Planning Council, One Oakwood Boulevard, Suite 250, Hollywood Florida 33020
				Attn: Chair or Executive Director, not less than ten (10) days before the
				Council's upcoming public meeting, hearing or workshop. The Chair or Executive
				Director shall include the party on the agenda or notify the party in writing
				of the reasons for not including the person on the agenda.
(2) Persons participating in a public
				meeting, hearing or workshop of the Council shall be allocated a reasonable
				amount of time to present oral testimony and offer any appropriate written
				materials relevant to the person's position. The Chair shall instruct all
				persons as to the amount of time allocated for presentation and as to the
				appropriateness of written materials offered.
(3) Robert's Rules of Order shall apply to
				all of the Council's public meetings, hearings and workshops, to the extent not
				inconsistent with Chapter 120, F.S., and to the extent reasonable and
				practical.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-6-75, Formerly 29J-2.02, Amended
					 1-9-23.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.003 - Developments of Regional Impact (DRI)

Current through Reg. 50, No. 138; July 16, 2024
The South Florida Regional Planning Council coordinates the
				  multi-agency, intergovernmental review of Developments of Regional Impact
				  (DRI), and amendments to same in accordance with Section
				   380.06, F.S., and the Strategic
				  Regional Policy Plan for South Florida (Rule
				   29J-2.009,
				  F.A.C.).
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-6-75, Amended 7-6-81, 9-1-81, Formerly 29J-2.03,
					 Amended 6-2-86, 11-9-86, 5-3-87, 11-30-87, 12-26-88, 3-9-99,
					 1-9-23.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.004 - Intergovernmental Coordination and Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The South
				Florida Regional Planning Council has been designated as the Regional
				Clearinghouse (RCH) for substate district 11, which includes Broward,
				Miami-Dade, and Monroe counties, to exercise the responsibilities pursuant to
				the Florida Office of Planning and Budgeting's Intergovernmental Coordination
				and Review Process.
(2) The
				functions which the South Florida Regional Planning Council shall perform
				include:
(a) Evaluating the significance of
				proposed Federal and federally assisted projects to state, areawide, or local
				plans and programs.
(b) Receiving
				and disseminating project notifications and providing liaison between
				applicants and appropriate units of government and agencies.
(c) Providing agencies charged with enforcing
				and furthering the objectives of state and local environmental standards with
				the opportunity to review and comment on the environmental significance of
				Federal assistance projects.
(d)
				Providing agencies charged with enforcing and furthering the objectives of
				state and local civil rights laws with the opportunity to review and comment on
				the civil rights aspects of federal assistance projects.
(e) Providing liaison between Federal
				agencies contemplating direct Federal development projects and state and
				areawide or local agencies or governments having plans or projects which might
				be affected by the proposed project.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.0045 - Comprehensive Regional Policy Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54,
					 160.07,
					 186.505 FS. Law Implemented
					 120.54,
					 160.07,
					 186.505
					 FS.
New 8-18-82, Amended 2-6-84, Formerly 29J-2.045, Amended
					 8-6-86, Repealed 5-24-88.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.005 - Rule Making Proceeding (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54,
					 160.01,
					 186.501 FS. Law Implemented
					 120.54(1),
					 163.01(5)(h),
					 186.505
					 FS.
New 7-4-76, Formerly 29J-2.05, Repealed
					 6-12-02.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.006 - Declaratory Statements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54,
					 160.01,
					 186.501 FS. Law Implemented
					 120.54(1),
					 163.01(5)(h),
					 186.505
					 FS.
New 7-4-76, Formerly 29J-2.06, Repealed
					 6-12-02.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.007 - Regional Plan for South Florida (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54,
					 186.505,
					 186.511 FS. Law Implemented
					 120.54,
					 186.505,
					 186.508,
					 186.511
					 FS.
New 6-9-87, Amended 8-14-91, Repealed
					 8-13-95.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.008 - Conflict Mediation Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.54,
					 186.505 FS. Law Implemented
					 120.54,
					 186.505,
					 186.509
					 FS.
New 8-4-88, Repealed
					 10-10-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-2 - PRACTICE AND PROCEDURE › Section 29J-2.009 - Strategic Regional Policy Plan for South Florida

Current through Reg. 50, No. 138; July 16, 2024
The Strategic Regional Policy Plan (SRPP) for South Florida,
				  was prepared in response to Section
				   186.507, F.S., and is based on
				  current studies of the Region. The Council adopts the Strategic Regional Policy
				  Plan for South Florida, which is incorporated herein by reference and copies of
				  which are kept at the Council offices at 3440 Hollywood Boulevard, Suite 140,
				  Hollywood, Florida, to guide Council decision-making.
Rulemaking Authority
					 186.507 FS. Law Implemented
					 186.507,
					 186.508 FS., Chapter 93-206,
					 Laws of Florida.
New 8-13-95, Amended 12-26-96,
					 7-12-04.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
(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), and
(b) settlement meetings; and five optional
				components: pre-initiation meeting, situation assessments, mediation, advisory
				decision-making, and reference to other dispute resolution processes (judicial,
				administrative or arbitration proceedings).
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.004 - Costs

Current through Reg. 50, No. 138; July 16, 2024
(1) There shall be no charge for processing a
				RDRP initiation request and facilitation of the initial settlement meeting. The
				SFRPC shall be compensated for situation assessments, facilitation of
				additional settlement meetings, mediation, technical assistance and other staff
				services at a rate based on reasonable actual costs plus any additional
				out-of-pocket expenses. Outside professional neutrals shall be compensated at
				their standard rate or as negotiated by the parties.
(2) The costs of administration, settlement
				meetings, mediation or advisory decision-making shall be split equally between
				the parties or according to another agreed upon allocation. The agreed upon
				cost allocation shall be documented in a written fee
				agreement.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.005 - Timeframes

Current through Reg. 50, No. 138; July 16, 2024
(1) The initial settlement meeting shall be
				scheduled and held within 30 days of the date of receipt of the initiation
				letter at a time and place convenient to the named parties.
(2) Additional settlement meetings, mediation
				or advisory decision-making shall be completed within forty-five (45) days of
				the date of the conclusion of the initial settlement meeting.
(3) All timeframes specified in this rule may
				be shortened or extended by mutual agreement of the named parties.
(4) The parties may, by mutual agreement,
				utilize procedures in the RDRP in any order.
(5) Where necessary to allow this process to
				be effectively carried out, named parties should address deferring or seeking
				stays of judicial or administrative proceedings.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.006 - Administrative Protocols

Current through Reg. 50, No. 138; July 16, 2024
The SFRPC is authorized to write and adopt such
				  administrative guidelines and policies as are necessary to implement this rule.
				  These may address staff and council roles, procedures for situation assessment,
				  selection of neutrals, consumer guides or other matters. Where required
				  pursuant to Section  120.52, F.S., policies and
				  guidelines shall be adopted as rules.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.007 - Public Notice, Records, and Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
(1) Named
				parties shall consider appropriate opportunities for public input at each step
				in this process, such as submitting written or verbal comments on issues,
				alternative solutions, and impacts of proposed agreements.
(2) Applicable public notice and public
				records requirements shall be observed as required by Chapters 119 and 120,
				F.S.
(3) Participants in these
				procedures agree by their participation that no comments, meeting records, or
				written or verbal offers of settlement shall be offered by them as evidence in
				a subsequent judicial or administrative action.
(4) To the extent permitted by law, mediation
				under this process will be governed by the confidentiality provisions of
				Section  44.302(2),
				F.S., and other applicable law.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.008 - Pre-initiation Meeting

Current through Reg. 50, No. 138; July 16, 2024
A jurisdiction, organization, group, or individual
				  contemplating initiation of this process may request an informal pre-initiation
				  meeting with the SFRPC staff in order to ascertain whether the potential
				  dispute would be appropriate for this process.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.009 - Situation Assessment

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				jurisdiction, organization, group, or individual may request that the SFRPC
				staff or other neutral perform a situation assessment at any time, before or
				after initiation of the process.
(2) The situation assessment may involve
				examination of documents, interviews and assessment meetings, and shall
				recommend issues to be addressed, parties that may participate, appropriate
				resolution procedures, and a proposed schedule.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.010 - Initiation of the Process by Jurisdictions

Current through Reg. 50, No. 138; July 16, 2024
(1) This
				process is initiated by an initiation letter from the representative of the
				governing body of a jurisdiction, other than a regional planning council, to
				the named parties as provided for in subsections
				 29J-3.003(1) and
				(2), F.A.C., and to the SFRPC 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 issues to be discussed, named parties to be involved in the dispute
				resolution process, the initiating party's representative and others who will
				attend, and a brief history of the dispute indicating why it is appropriate for
				this process.
(3) Within twenty-one
				(21) days of receipt of the initiation letter, named parties shall send a
				response letter to the SFRPC staff, and all other named parties confirming
				their willingness to participate in a settlement meeting. 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 a description of the
				situation from the respondent's point of view.
(4) Upon receipt of a request, the SFRPC
				staff shall assess its interest in the case. If the SFRPC 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.
(5) The SFRPC 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.
(6) The SFRPC
				staff shall schedule a meeting at the most convenient time within thirty (30)
				days of receipt of the date of the initiation request.
(7) 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
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.011 - Requests to Initiate Submitted by Others

Current through Reg. 50, No. 138; July 16, 2024
(1) Private
				interests may ask any jurisdiction to initiate the process.
(2) Any public or private organization,
				group, or individual may request that the SFRPC recommend use of this process
				to address a potential dispute in accordance with subsection
				 29J-3.010(5),
				F.A.C. Such a request shall be submitted in writing and shall include the
				information required for an initiation letter in subsection
				 29J-3.010(2),
				F.A.C.
(3) After reviewing the
				rationale submitted by, and consulting with, the requesting organization,
				group, or individual, the SFRPC staff will conduct a situation assessment and
				respond in writing.
(4) If the
				SFRPC determines that the potential dispute is suitable for the process, it
				shall transmit that determination in writing to the potential parties, as
				agreed upon by the SFRPC and the requester. The determination may include a
				recommendation that one or more of the jurisdictions among the potential
				parties initiate the procedure. The SFRPC may also suggest that other
				resolution processes be used.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.012 - Settlement Meetings

Current through Reg. 50, No. 138; July 16, 2024
(1) Settlement
				meetings shall, at a minimum, be attended by the named parties' representatives
				designated pursuant to subsection
				 29J-3.003(3),
				F.A.C.
(2) Settlement meetings may
				be facilitated by an SFRPC staff member or other neutral facilitator acceptable
				to the parties and shall be held at a time and place acceptable to the
				parties.
(3) At the settlement
				meeting, the parties shall: consider adding named parties, consider guidelines
				for participation, identify the issues to be addressed, present their concerns
				and constraints, explore options for a solution, and seek agreement.
(4) The parties shall submit a settlement
				meeting report in accordance with subsection
				 29J-3.015(4),
				F.A.C., of this process.
(5) If an
				agreed-upon settlement meeting is not held or a settlement meeting produces no
				agreement to proceed to additional settlement meetings, mediation or advisory
				decision-making, any party who has agreed to participate in this procedure may
				proceed to: a joint meeting of governing bodies pursuant to Chapter 164, F.S.,
				litigation, an administrative hearing or arbitration, as
				appropriate.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.013 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) If two or more named parties submit a
				request for mediation to the SFRPC, the SFRPC shall assist them to select and
				retain a mediator or the named parties may request that the SFRPC select a
				mediator.
(2) All disputes shall be
				mediated by a mediator who understands Florida growth management issues, has
				mediation experience, and is acceptable to the parties. Parties may consider
				mediators who are on the Florida Growth Management Conflict Resolution
				Consortium rosters or any other mutually acceptable mediator. Mediators shall
				be guided by the Florida Rules for Certified and Court-Appointed Mediators,
				Part II Standards of Professional Conduct (August 2021),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15011
,
				which shall be incorporated herein by reference. A copy of the material may be
				obtained at rules-certified-court-appointed-mediators.pdf (flcourts.org) or
				(contacting South Florida Regional Planning Council, One Oakwood Boulevard,
				Suite 250, Hollywood, Florida 33020, (954)924-3653).
(3) The parties shall submit a mediation
				report in accordance with subsection
				 29J-3.015(4),
				F.A.C., of this process.
Rulemaking Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94, Amended
					 1-9-23.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.014 - Advisory Decision-making

Current through Reg. 50, No. 138; July 16, 2024
(1) If two or
				more of the named parties submit a request for advisory decision-making to the
				SFRPC, the SFRPC shall assist the parties to select and retain an appropriate
				neutral or the parties may request that the SFRPC make the selection.
(2) All disputes shall be handled by a
				neutral who understands Florida growth management issues, has appropriate
				experience, and is acceptable to the parties.
(3) The parties shall submit an advisory
				decision-making report in accordance with subsection
				 29J-3.015(4),
				F.A.C., of this process at the conclusion.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 8-17-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29J - South Florida Regional Planning Council › Chapter 29J-3 - REGIONAL DISPUTE RESOLUTION PROCESS › Section 29J-3.015 - Settlement Agreements and Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) The form of
				all settlements reached through this process shall be determined by the named
				parties, and may include interlocal agreements, concurrent resolutions,
				memoranda of understanding, plan amendments, deed restrictions, or other forms
				as appropriate.
(2) Agreements
				signed by designated representatives may be in the form of recommendations to
				formal bodies and subject to their formal approval.
(3) Agreements may be reached by two or more
				parties even if all of the named parties do not agree or do not sign a formal
				agreement.
(4) After settlement
				meetings, mediation, or advisory decision-making under this process, the named
				parties shall submit a joint report to the SFRPC staff which shall, at a
				minimum include:
(a) identification of the
				issues discussed and copies of any agreements reached;
(b) a list of potentially affected or
				involved jurisdictions, organizations, groups, or individuals (including those
				which may not be named parties);
(c)
				a timeframe for starting and ending agreed-to informal negotiations, additional
				settlement meetings, mediation, advisory decision-making, joint meetings of
				elected bodies, administrative hearings or litigation;
(d) any additional SFRPC assistance
				requested;
(e) written fee
				allocation agreement to cover the costs of agreed-upon RDRP procedures;
				and
(f) a description of
				responsibilities and schedules for implementing and enforcing agreements
				reached. The report shall include any statements that any named party wishes to
				include.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.001 - Organization (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1), 160, 163 FS. Law
					 Implemented 120.53(1), 160, 163 FS.
New 1-12-77, Amended 11-11-80, Formerly 29K-1.01, Repealed
					 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.002 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1), 160, 163 FS. Law
					 Implemented 23.012, 120.53(1), 160, 163,
					 163.3184(3),
					 380.05,
					 380.06,
					 380.07,
					 403.723
					 FS.
New 1-12-77, Amended 11-11-80, Formerly 29K-1.02, Repealed
					 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.003 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 186.505 FS. Law Implemented
					 186.504
					 FS.
New 1-12-77, Amended 8-7-77, 11-11-80, 9-5-82, Formerly
					 29K-1.04, Amended 2-9-86, 2-8-96, 11-22-98, Repealed
					 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.004 - Membership, Voting and Term of Office (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 186.505 FS. Law Implemented
					 186.504
					 FS.
New 1-12-77, Amended 8-7-77, 11-11-80, 9-5-82, Formerly
					 29K-1.04, Amended 2-9-86, 2-8-96, 11-22-98, Repealed
					 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.005 - Vacancies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1), 160, 163 FS. Law
					 Implemented 120.53(1), 160, 163 FS.
New 1-12-77, Formerly 29K-1.05, Repealed
					 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.006 - Removal From Office (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1), 160.02(1), 163 FS. Law
					 Implemented 120.53(1), 160.02(1), 163 FS.
New 1-12-77, Amended 11-11-80, 9-5-82, Formerly 29K-1.06,
					 Repealed 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.007 - Officers, Term of Office and Duties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1), 160.02(1), 163 FS. Law
					 Implemented 120.53(1), 160.02(1), 163 FS.
New 1-12-77, Amended 11-11-80, 9-5-82, Formerly 29K-1.07,
					 Repealed 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.008 - Meetings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1), 160.02(1), 163 FS. Law
					 Implemented 120.53(1), 160.02(1), 163 FS.
New 1-12-77, Amended 11-11-80, 9-5-82, Formerly 29K-1.08,
					 Repealed 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.009 - Finances (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1), 160, 163 FS. Law
					 Implemented 120.53(1), 160, 163 FS.
New 1-12-77, Amended 6-17-80, 11-11-80, Formerly 29K-1.09,
					 Repealed 12-4-06.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-1 - ORGANIZATION, PURPOSE AND OPERATION › Section 29K-1.010 - Powers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1), 160, 163 FS. Law
					 Implemented 23.012, 120.53(1), 160, 163,
					 163.3184(3),
					 380.05,
					 380.06,
					 380.07,
					 402.723
					 FS.
New 1-12-77, Amended 11-11-80, Formerly 29K-1.10, Repealed
					 12-4-06.