Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29F - East Central Florida Regional Planning Council › Chapter 29F-3 - REGINONAL DISPUTE RESOLUTION PROCESS › Section 29F-3.102 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Situation Assessment" is a procedure of
				information collection or "fact finding" that may involve review of documents,
				interviews or an assessment meeting leading to a written or verbal report
				identifying: the issues in dispute; the stakeholders; information needed before
				a decision can be made; and a recommendation for appropriate dispute resolution
				procedures.
(2) "Pre-Initiation
				Meeting" is an informal conference with the RPC staff in order to ascertain
				whether the likely dispute is appropriate for the RDRP.
(3) "Facilitation" is a procedure in which
				the facilitator helps the parties design and follow a meeting agenda and
				assists parties to communicate more effectively throughout the process. The
				facilitator has no authority to make or recommend a decision.
(4) "Mediation" is a procedure in which a
				neutral person assists disputing parties in a negotiation process to explore
				their interests, develop and evaluate options, and reach a mutually acceptable
				agreement without prescribing a resolution. A mediator may take more control of
				the process than a facilitator and usually works in more complex cases where a
				dispute is more clearly defined.
(5) "Advisory Decision-Making" is a procedure
				aimed at enhancing the effectiveness of negotiations and helping parties more
				realistically evaluate their negotiation positions. This procedure may include
				fact-finding, neutral evaluation, or advisory arbitration, or any combination
				of these in which a neutral party or panel listens to the facts and arguments
				presented by the parties and renders a non-binding advisory decision.
(6) Jurisdiction is any local or regional
				public agency, including a special district, authority or school
				board.
(7) "Named Party" shall be
				any jurisdiction, public or private organization, group or individual who is
				named in an initiation letter, including the initiating jurisdiction, or is
				admitted by the named parties to participate in settlement of a dispute
				pursuant to Rule  29F-3.103, F.A.C. Being a "named
				party" in the RDRP does not convey or limit standing of any judicial or
				administrative proceeding.
(8)
				"Representative" is an authorized agent who is given guidance by a named party
				to represent the named party in an RDRP case. subsection
				 29F-3.103(5),
				F.A.C., sets forth the designation process.
(9) "Initiation Letter" is a letter from a
				jurisdiction formally identifying a dispute and asking named parties to engage
				in this process to resolve the dispute, and, at a minimum, attend the initial
				settlement meeting. Rule
				 29F-3.110, F.A.C., specifies
				what must be included in an initiation letter.
(10) "Response Letter" formally notifies the
				initiator and other named parties that a party is willing to participate in the
				RDRP and, at a minimum, attend at least one settlement meeting.
(11) "Settlement Agreements" are voluntarily
				approved by the individual or governing body authorized to bind the named
				party. Agreements shall take the form of memorandums of understanding,
				contracts, interlocal agreements or other forms mutually agreed to by the
				signatory parties or as required by law. A settlement may be agreed to by some
				or all of the named parties.
Rulemaking Authority
					 186.505 FS. Law Implemented
					 186.509
					 FS.
New 12-8-99.