reglab/statecodes huggingface dataset:
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-108 - EXCEPTION TO UNIFORM RULES OF PROCEDURE › Section 28-108.002 - Final Disposition on Petition for Exception

Current through Reg. 50, No. 138; July 16, 2024
The Administration Commission shall publish, at the agency's
				  expense, notice in the next available edition of the Florida Administrative
				  Register of the disposition of the petition, and shall transmit a copy of the
				  notice to the Joint Administrative Procedures Committee, the Department of
				  State, and any person who requests a copy.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-109 - CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY › Section 28-109.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This chapter provides the procedures to be followed when an
				  agency desires to conduct a proceeding by means of communications media
				  technology (CMT) or to provide public access to a proceeding by the use of
				  CMT.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.54(5)  FS.
New 4-1-97, Amended
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-109 - CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY › Section 28-109.002 - Definitions as Used in this Rule Chapter

Current through Reg. 50, No. 138; July 16, 2024
(1) "Access
				point" means a designated place where a person interested in attending a
				communications media technology proceeding may go for the purpose of attending
				the proceeding.
(2) "Attend" means
				having access to the communications media technology network being used to
				conduct a proceeding, or being used to take evidence, testimony, or argument
				relative to issues being considered at a proceeding.
(3) "Communications media technology" (CMT)
				means the electronic transmission of printed matter, audio, full-motion video,
				freeze frame video, compressed video, and digital video by any method
				available.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-109 - CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY › Section 28-109.003 - Application and Construction

Current through Reg. 50, No. 138; July 16, 2024
(1) The agency
				may conduct a proceeding by using CMT and may provide CMT access to a
				proceeding for purposes of taking evidence, testimony, or argument.
(2) A proceeding is not a CMT proceeding
				merely because it is broadcast over a communications
				network.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-109 - CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY › Section 28-109.004 - Government in the Sunshine

Current through Reg. 50, No. 138; July 16, 2024
(1) Nothing in
				this chapter shall be construed to permit the agency to conduct any proceeding
				otherwise subject to the provisions of Section   286.011, F.S., exclusively by
				means of CMT without making provision for the attendance of any member of the
				public who desires to attend.
(2)
				No proceeding otherwise subject to Section   286.011, F.S., shall be conducted
				exclusively by means of CMT if the available technology is insufficient to
				permit all interested persons to attend. If during the course of a CMT
				proceeding technical problems develop with the communications network that
				prevent interested persons from attending, the agency shall terminate the
				proceeding until the problems have been corrected.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.54(5)  FS.
New 4-1-97, Amended
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-109 - CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY › Section 28-109.005 - Notice

Current through Reg. 50, No. 138; July 16, 2024
When the agency chooses to conduct a CMT proceeding, it shall
				  provide notice in the same manner as required for a non-CMT proceeding, and
				  shall plainly state that such proceeding is to be conducted utilizing CMT and
				  identify the specific type of CMT to be used. The notice shall describe how
				  interested persons may attend and shall include:
(1) The address or addresses of all access
				points, specifically designating those which are in locations normally open to
				the public.
(2) The address of each
				access point where an interested person may go for the purpose of attending the
				proceeding.
(3) An address, e-mail
				address, and telephone number where an interested person may write or call for
				additional information.
(4) An
				address, e-mail address, and designated person to whom a person may submit
				written or other physical evidence which he or she intends to offer into
				evidence during the CMT proceedings.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.54(5)  FS.
New 4-1-97, Amended 1-15-07,
					 6-26-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-109 - CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY › Section 28-109.006 - Evidence, Testimony, and Argument

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				evidence, testimony, and argument which is offered utilizing CMT shall be
				afforded equal consideration as if it were offered in person, and shall be
				subject to the same objections.
(2)
				In situations where sworn testimony is required by the agency, persons offering
				such testimony shall be responsible for making appropriate arrangements for
				offering sworn testimony.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.54(5)  FS.
New 4-1-97, Amended
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-110 - BID PROTESTS › Section 28-110.001 - Purpose and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter supplements the statutes on
				protests that arise from the contract procurement process under Chapters 24,
				255, 287, 334 through 349 and Sections   282.303 through   282.313, F.S., and other
				statutes applicable to agencies as defined in Section   120.52(1), F.S.
(2) Policies and procedures are established
				primarily by Section   120.57(3), F.S. Interested persons must follow the
				requirements of those statutes as well as these rules. Other statutes may apply
				to specific circumstances.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.57(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-110 - BID PROTESTS › Section 28-110.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of this subchapter, the following terms
				  mean:
(1) "Contract procurement
				process" has the same meaning as "contract solicitation or award process" as
				used in Section   120.57(3), F.S. This includes procurements by invitation to bid
				(ITB), request for proposal (RFP), or invitation to negotiate (ITN), as each is
				defined in Section   287.012, F.S., approval of a single source procurement, as
				defined in Section   287.057(5)(c), F.S., or other solicitation documents as
				permitted by law.
(2) "Decision or
				intended decision" means:
(a) The contents of
				a solicitation, including addenda;
(b) A determination that a specified
				procurement can be made only from a single source;
(c) Rejection of a response or all responses
				to a solicitation; or
(d) Intention
				to award a contract as indicated by a posted solicitation tabulation or other
				written notice.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-110 - BID PROTESTS › Section 28-110.003 - Notice of Protest

Current through Reg. 50, No. 138; July 16, 2024
(1) A notice of protest shall be addressed to
				the office that issued the solicitation or made any other decision that is
				intended to be protested; shall identify the solicitation by number and title
				or any other language that will enable the agency to identify it; and shall
				state that the person intends to protest the decision. If a bond is required,
				it shall not be filed with the notice unless otherwise required by
				law.
(2) A notice of protest shall
				not be filed before the 72-hour period begins. The 72-hour period begins upon
				electronic posting of a decision or intended decision. The notice of protest
				must be received by the agency before the 72-hour period expires. The notice of
				protest must be filed with the agency clerk unless otherwise designated by the
				solicitation.
(3) The 72-hour
				period is not extended by service of the notice of protest by
				mail.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					  120.57(5)  FS.
New 4-1-97, Amended
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-110 - BID PROTESTS › Section 28-110.004 - Formal Written Protest

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				"formal written protest" required by Section   120.57(3)(b), F.S., is a petition
				that states with particularity the facts and law upon which the protest is
				based. The formal written protest shall contain the information specified in
				Section 120.54(5)(b)4., F.S., and in subsection   28-106.201(2), F.A.C. If the
				formal written protest is filed in proper form within the 72-hour period for
				filing a notice of protest, the formal written protest will also constitute the
				notice of protest. Thereafter, all time limits relative to formal written
				protests apply.
(2) Form of
				Petition.
STATE OF FLORIDA
DEPARTMENT OF ______
XYZ CORPORATION,
a corporation organized
under the laws of Florida,
Petitioner,
vs. Case No.:_____
STATE OF FLORIDA
DEPARTMENT OF _____
Respondent.
_____/
PETITION
XYZ Corporation, a corporation organized under the laws of
				  Florida, brings this petition against State of Florida Department of __________
				  and alleges:
1. This is a bid protest
				under Section   120.57(3), F.S.
2.
				Respondent issued an invitation to bid (ITB) entitled Bid No.
				_________.
3. Petitioner submitted
				the low bid but Respondent rejected its bid for the stated reason that
				_________.
4. The stated reason for
				rejection is erroneous because _________.
5. (Additional relevant facts, if
				any)
6. The facts that are in
				dispute between Petitioner and Respondent are: _________
7. A copy of the bid tabulation is
				attached.
8. (Applicable points of
				law.)
Petitioner requests a hearing involving disputed issues of
				  material fact and an order awarding the contract to Petitioner (or other
				  relief).
(Note: If the relevant facts are not in dispute the petition
				  should so allege and request a hearing not involving disputed issues of
				  material fact. The above allegations are illustrative. They should be altered
				  to suit varying circumstances).
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-111 - COURT COST FOR COURT FACILITIES › Section 28-111.001 - Receipt and Investment of Funds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  939.18(1)(a)  FS. Law Implemented
					  939.18 FS.
New 4-27-98, Repealed
					 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-111 - COURT COST FOR COURT FACILITIES › Section 28-111.002 - Expenditure of Funds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  939.18(1)(a)  FS. Law Implemented
					  939.18 FS.
New 4-27-98, Repealed
					 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-111 - COURT COST FOR COURT FACILITIES › Section 28-111.003 - Accounting and Reporting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  939.18(1)(a)  FS. Law Implemented
					  939.18 FS.
New 4-27-98, Repealed
					 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-112 - EXCEPTION TO UNIFORM RULES RELATING TO STATE EMPLOYMENT › Section 28-112.001 - Petition for Exception to Uniform Rules Relating to State Employment

Current through Reg. 50, No. 138; July 16, 2024
(1) The agency head shall file a petition
				with the Administration Commission for an exception to uniform rules as
				provided in Sections   110.201(1)(b)   and   110.217, F.S., that includes the
				following:
(a) Grounds for the request for
				the exception.
(b) Citation to the
				particular uniform rule for which each exception is sought.
(c) Specific citation to the provisions of
				existing agency rule for which an exception is sought, if any.
(d) Attachment of the proposed rule language
				as an exhibit to the petition.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-112 - EXCEPTION TO UNIFORM RULES RELATING TO STATE EMPLOYMENT › Section 28-112.002 - Final Disposition on Petition for Exception

Current through Reg. 50, No. 138; July 16, 2024
The Administration Commission shall publish, at the agency's
				  expense, notice in the next available edition of the Florida Administrative
				  Register of the disposition of the petition, and shall transmit a copy of the
				  notice to the Joint Administrative Procedures Committee, the Department of
				  State, and any person who requests a copy.
Rulemaking Authority  14.202,  110.201 FS. Law Implemented
					  110.201,  110.217 FS.
New 12-24-07.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.001 - Name

Current through Reg. 50, No. 138; July 16, 2024
The official name of this agency shall be the West Florida
				  Regional Planning Council, reorganized as of January 1, 1987, under Chapter
				  186, F.S.
Rulemaking Authority
					 120.53(1),
					 186.505(2) FS.
					 Law Implemented 120.53(1),
					 186.505(2)
					 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.002 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The Council shall function as the official regional planning
				  council as defined in Chapter 186, Florida Statutes, and as the regional
				  planning agency as defined in Chapters 23, 163 and 380, F.S. The Council shall
				  exercise the powers, duties, functions and responsibilities for conducting
				  planning, review and assistance activities and functions enumerated by
				  legislative and declarations of Chapters 186 and 380, F.S., and other
				  applicable federal, state and local laws.
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1), 163, 186, 380
					 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.003 - Council Membership and Appointments, Term of Office, Vacancies

Current through Reg. 50, No. 138; July 16, 2024
(1) Membership and Appointments.
(a) Escambia, Okaloosa and Bay Counties shall
				each have two voting representatives on the Council appointed by their
				respective boards of county commissioners. The voting representatives shall be
				county commissioners selected from the individual counties. The cities of
				Pensacola, Fort Walton Beach and Panama City shall each have one voting
				representative on the Council appointed by their respective city council or
				commission. The voting representative shall be city councilmen or commissioners
				selected from the individual cities. If a city does not desire representation
				on the Council then the next largest city shall be eligible for membership. If
				no city within the county desires representation on the Council then the vote
				shall revert to the county and the county shall appoint an additional
				representative. The voting representative shall be a county
				commissioner.
(b) Santa Rosa,
				Walton, Washington, and Holmes Counties shall each have one voting
				representative on the Council appointed by his or her respective board of
				county commissioners. The voting representative shall be county commissioners
				selected from the individual counties. The principal city within each of the
				four counties shall be entitled to one voting representative on the Council
				appointed by his or her respective city council. The voting representative
				shall be a city councilman selected from the individual cities. If the
				principal city does not desire representation on the Council then the next
				largest city shall be eligible for membership. If no city within the four
				counties desires representation on the Council then the vote shall revert to
				the county and the county shall appoint an additional representative to serve
				on the Council. The voting representative shall be a county
				commissioner.
(c) Two-thirds of the
				representatives serving as voting members on the Council shall be elected
				officials appointed by the cities and counties. The remaining one-third of the
				voting members on the Council are appointed by the Governor.
(d) In addition to the membership previously
				specified, any municipality within the jurisdictional boundary of the Council
				may be admitted, by a majority vote of the Council, to membership on the
				Council. Such membership shall be considered on the basis of a municipality's
				uniqueness and special characteristics. Each municipality so admitted to
				membership shall have one voting representative on the Council appointed by the
				respective city council or commission. The voting representative shall be a
				city councilman or commissioner.
(e) The City of Destin shall have one voting
				representative on the Council.
(f)
				The City of Callaway and the City of Parker shall each have one voting
				representative on the Council.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.004 - Council

Current through Reg. 50, No. 138; July 16, 2024
(1) There shall be a Council composed of all
				voting representatives who have been appointed by local governments and the
				governor. The Council shall meet monthly and the September meeting shall be the
				annual meeting. Special meetings of the Council may be called for any
				appropriate purpose by the chairman of the Council when a meeting is necessary
				to conduct business, or when he is requested to do so by at least five Council
				members. Written notice of all Council meetings shall be mailed to each member
				at least 7 days prior to the meeting. The notice shall state the time and place
				of the meeting and the business to be transacted. Business transacted at a
				special meeting shall be confined to the subject stated in the notice. All
				meetings of the Council shall be open to the public as required by the Florida
				Sunshine Law, Chapter 286, F.S.
(2)
				A quorum at any meeting shall consist of not less than forty percent of the
				appointed representatives of the Council representing not less than four
				counties in the region. When a quorum has been determined to be present, a
				majority of those present and voting may take action in all matters presented
				at the meeting. Proxy voting is prohibited. Voting shall be by voice but a
				member may have his/her vote recorded in the minutes if he/she so desires. The
				Council shall keep minutes of its proceedings and shall keep records of its
				official actions, all of which shall be filed in the office of the Council and
				shall be of public record.
Rulemaking Authority
					 120.53(1),
					 163.01,
					 186.504 FS. Law Implemented
					 120.53(1),
					 163.01,
					 186.504
					 FS.
New 5-11-87, Amended 1-9-90,
					 2-2-92.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.005 - Offices, Duties, Term of Office

Current through Reg. 50, No. 138; July 16, 2024
The officers of the Council shall be the chairman and vice
				  chairman. The duties and responsibilities usually assigned to a
				  secretary-treasurer will be assumed by the Council's executive director. The
				  duties of the chairman and vice chairman shall be as follows:
(1) The chairman shall preside at meetings of
				the Council. He shall sign, as authorized by the Council, any contracts or
				other instruments which the Council deems to be in its best interest. He shall
				perform such other duties of the office as may be prescribed by the
				Council;
(2) The vice chairman
				shall assist the chairman in the performance of his duties, and either in the
				absence of the chairman or in the event of the chairman's inability or refusal
				to act, shall perform the duties of the chairman.
The term of office shall be for 1 year or until reelected or
				  until a successor is elected. New officers shall assume the duties of office
				  upon adjournment of the meeting at which they are elected. Vacancies in the
				  office shall be filled by majority vote of the Council for the remainder of the
				  unexpired term.
Rulemaking Authority
					 120.53(1),
					 186.505 FS. Law Implemented
					 120.53(1),
					 186.505
					 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.007 - Budget and Finance

Current through Reg. 50, No. 138; July 16, 2024
(1) The Council shall prepare and approve an
				annual budget request which shall be submitted to the participating
				governmental units no later than the last day of May of each year. The cost of
				the Council to the participating governmental units shall be on a per capita
				basis.
(2) Appropriations. The
				Council shall include, with the budget, a request that monies approved for the
				Council be paid on or about October 1, or as otherwise requested.
(3) Financial Statements. A monthly financial
				statement accounting for all Council funds shall be made to the
				Council.
(4) Depositories. The
				Council shall deposit all funds in local depositories. Designation of such
				depositories shall be the responsibility of the executive director of the
				Council. The Council may maintain checking and savings accounts and both shall
				be in the name of the Council. Monies in excess of what would be required to
				fund the Council's operations for 1 month may be deposited in a savings
				account.
(5) Required Signatures.
				All checks or withdrawals of funds deposited in the Council's accounts shall
				require two signatures. Those authorized to sign checks or withdraw funds shall
				be the executive director, the bookkeeper, and one member of the Council. The
				member of the Council shall be appointed by the chairman of the Council. The
				chairman may appoint himself as the Council member.
(6) Fidelity Bonds. A public official
				position schedule Fidelity Bond shall be obtained to cover the positions of the
				executive director, the bookkeeper, and the member of the Council who is
				designated by the chairman to sign checks and withdraw funds. The amount of
				bond shall not be less than $50, 000.00.
(7) Mail. The Council shall have a post
				office box, and only the executive director and his designee shall have a key
				to the box. He shall be responsible for all mail.
(8) Deposits. The bookkeeper shall be
				responsible for the preparation of deposit slips, and all deposit slips shall
				be signed by the executive director. Deposits shall not be made by any person
				other than the executive director or the bookkeeper.
(9) Receipts. Receipts shall be issued for
				all funds received by the Council. All staff members are authorized to give
				receipts.
(10) Purchasing of
				Material and Supplies.
(a) The purchasing of
				material and supplies for the Council shall be the responsibility of the
				executive director. Items in excess of $2, 500.00 shall be on a bid basis.
				Items in excess of $1, 000.00 shall be approved by the Council.
(b) Upon receipt of material and supplies,
				the individual who accepts the order shall sign for it. Before payment is made,
				the executive director shall sign the bill.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.008 - Committees

Current through Reg. 50, No. 138; July 16, 2024
The chairman may establish and maintain such committees as
				  deemed necessary to carry out the purposes and objectives of the Council.
				  Committees may be created or discontinued by the chairman subject to approval
				  of the Council.
Rulemaking Authority
					 120.53(1),
					 186.505 FS. Law Implemented
					 120.53(1),
					 186.505
					 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.009 - Procedure

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise provided for herein, Roberts' Rules of Order
				  as revised shall rule.
Rulemaking Authority
					 120.53(1),
					 186.505 FS. Law Implemented
					 120.53(1),
					 186.505
					 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.010 - Disclosure

Current through Reg. 50, No. 138; July 16, 2024
All voting members of the Council shall comply with the
				  provisions of Chapter 112, Part III, F.S., relating to Standards of Conduct for
				  Public Officials and Employees.
Rulemaking Authority 120.53(1), 163.01, 112 FS. Law
					 Implemented 120.53(1), 163.01, 112 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.011 - Amendments

Current through Reg. 50, No. 138; July 16, 2024
These rules may be amended by a majority vote of the Council
				  provided the notice of proposed changes shall contain a full statement of the
				  proposed amendments. The proposed amendments shall be placed on the next
				  regularly scheduled meeting following presentation. Proposed amendments shall
				  be mailed to all Council members at least 7 days prior to the meeting at which
				  time a vote shall be held.
Rulemaking Authority
					 120.53(1),
					 186.505 FS. Law Implemented
					 120.53(1),
					 186.505
					 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.012 - Withdrawal or Dissolution

Current through Reg. 50, No. 138; July 16, 2024
(1) Any party
				hereto or governmental unit may withdraw its membership by resolution duly
				adopted by its governing body and upon written notice of withdrawal to the
				chairman of the Council. Contractual obligations of the withdrawing member
				shall continue until such obligation has been satisfactorily terminated. All
				property, real or personal, of the Council on the effective date of withdrawal
				shall remain the property of the Council and the withdrawing member unit shall
				have no right thereto.
(2) In the
				event there is a complete termination of this agreement which would involve the
				disposition of the property of the Council, such property shall be liquidated
				and each unit of local government who were members of the Council within the
				preceding 5 years shall be entitled to a share of the proceeds proportionate to
				their contribution during those 5 years.
(3) This agreement may be terminated at any
				time by resolution duly adopted by the governing body of each and every
				principal member unit.
Rulemaking Authority
					 120.53(1),
					 186.505 FS. Law Implemented
					 120.53(1),
					 186.505
					 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-1 - ORGANIZATION › Section 29A-1.013 - Information Inquiries

Current through Reg. 50, No. 138; July 16, 2024
The principal office of the West Florida Regional Planning
				  Council is located at 3435 North 12th Avenue, Pensacola, Florida 32503. The
				  office hours are Monday through Friday, from 8:00 a.m. to 5:00 p.m. (CST). All
				  official forms, publications and documents of the West Florida Regional
				  Planning Council are available for public inspection at the Council's principal
				  office during regular business hours. Persons wishing photocopies may receive
				  same at the prevailing cost per sheet.
Rulemaking Authority
					 120.53(1),
					 186.505 FS. Law Implemented
					 120.53(1),
					 186.505
					 FS.
New 5-11-87.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-2 - REGIONAL COMPREHENSIVE POLICY PLAN › Section 29A-2.001 - West Florida Comprehensive Regional Policy Plan

Current through Reg. 50, No. 138; July 16, 2024
The West Florida Regional Planning Council hereby
				  incorporates by reference the West Florida Comprehensive Regional Policy Plan
				  as amended, September 18, 1991.
The Plan contains six parts:
A Regional Description describing the natural, human,
				  economic and urban and rural systems of the West Florida Region; a State of the
				  Region section discussing important trends and events that have occurred in the
				  Region since 1987; a Regional Issue and Background section identifying
				  significant regional resources and agencies involved; Regional Goals and
				  Policies to be used in addressing each regional issue and regional
				  standards/measures to measure progress made toward each goal; an Implementation
				  Strategy section including growth management activities, intergovernmental
				  coordination activities and ongoing planning activities; and an Evaluation
				  Report prepared by the Department of Community Affairs for proposed amendments
				  to Goals and Policies of the West Florida Comprehensive Regional Policy Plan,
				  January 1, 1991.
A copy of the Plan including proposed amendments, may be
				  obtained from the West Florida Regional Planning Council Office, 3435 North
				  12th Avenue, Pensacola, Florida 32593-0486.
Specific Authority
					 186.508(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 6-29-87, Amended 12-11-89,
					 9-18-91.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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 four optional
				components:
(c) pre-initiation
				meeting,
(d) situation assessments,
(e) mediation, and
(f) advisory
				decision-making.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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, if requested, of the initial
				settlement meeting. The RPC shall be compensated for situation assessments,
				facilitation of additional settlement meetings, mediation, technical
				assistance, and other staff services at a rate of $35.00 per hour 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 arbitration 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 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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 the 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 time frames 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 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-3.006 - Administrative Protocols

Current through Reg. 50, No. 138; July 16, 2024
The Council is responsible for implementation of RDRP.
				  Council staff shall serve as facilitator, if agreeable to the named parties,
				  and shall perform the administrative procedures necessary to implement the
				  processes set forth in this rule. A Council member(s) or Council staff may
				  serve as mediator or arbitrator if agreeable to the named parties.
Administrative duties provided by the Council staff may
				  include: conducting pre-initiation meetings; administering procedures related
				  to process initiation; conducting situation assessments; maintaining a list of
				  qualified mediators; securing the services of mediators; arranging meetings;
				  and invoicing.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-3.007 - Public Notice, Records, and Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
(1) Named
				parties shall provide 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, or
				other Florida Statutes.
(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
				Chapter 44, F.S., and other applicable law.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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 RPC 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 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-3.009 - 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.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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
				 29A-3.003(1) 
				and  29A-3.003(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 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 RPC staff, and all other named parties,
				confirming their willingness to participate in a settlement meeting. This
				response letter 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 RPC staff shall assess its interest 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 receipt 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 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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 RPC recommend use of this process to
				address a potential dispute in accordance with subsection
				 29A-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
				 29A-3.010(2),
				F.A.C.
(3) After reviewing the
				rationale submitted by, and consulting with, the requesting organization,
				group, or individual, the RPC staff will conduct a situation assessment and
				respond in writing.
(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 requester. 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.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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
				 29A-3.003(3),
				F.A.C.
(2) Settlement meetings may
				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.
(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
				 29A-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 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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 RPC, the RPC shall assist them to select and
				retain a mediator or the named parties may request that the RPC 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 Standards of Professional Conduct, Florida Rules of Civil
				Procedure, Rule 10, Part II, Section 020-150.
(3) The parties shall submit a mediation
				report in accordance with subsection
				 29A-3.015(4),
				F.A.C., of this process.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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
				RPC, the RPC shall assist the parties to select and retain an appropriate
				neutral or the parties may request that the RPC 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
				 29A-3.015(4),
				F.A.C., of this process at the conclusion.
Specific Authority
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 11-13-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29A - Emerald Coast Regional Council › Chapter 29A-3 - WEST FLORIDA REGIONAL DISPUTE RESOLUTION › Section 29A-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 RPC 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 time frame 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 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 implementing and enforcing agreements reached. The report shall
				include any statements that any named party wishes to
				include.