Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29K - Treasure Coast Regional Planning Council › Chapter 29K-4 - TREASURE COAST REGIONAL DISPUTE RESOLUTION PROCESS › Section 29K-4.011 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Situation assessment" is a procedure of
				information collection that may involve review of documents, interviews and an
				assessment meeting leading to a written or 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
				meetings" are opportunities for a party to discuss the suitability of the RDRP
				with the RPC staff for resolving their dispute before formally initiating the
				RDRP.
(3) "Facilitation" is a
				procedure in which 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 party assists disputing parties in a negotiation
				process to explore their interests, develop and evaluate options, and reach a
				mutually acceptable agreement without prescribing a resolution. A mediator may
				take more control of the process than a facilitator and usually works in more
				complex cases where a dispute is more clearly defined.
(5) "Advisory decision-making" is a procedure
				aimed at enhancing the effectiveness of negotiations and helping parties more
				realistically evaluate their negotiation positions. This procedure may include
				neutral evaluation, or advisory arbitration in which a neutral party or panel
				listens to the facts and arguments presented by the parties and render a
				non-binding advisory decision.
(6)
				"Jurisdiction" is any local government or regional agency, including: special
				districts, authorities or school boards.
(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 subsections
				 29K-4.012(1), (2) and
				(3), F.A.C. Being a "named party" in the RDRP
				does not convey or limit standing in any judicial or administrative
				proceeding.
(8) "Representative" is
				an individual who is given guidance and authority to act, to the extent
				possible, by a named party in a RDRP case. Subsection
				 29K-4.012(3),
				F.A.C., sets forth the designation process.
(9) "Initiation letter" is a letter from a
				jurisdiction formally identifying a dispute and asking named parties to engage
				in this process to resolve the dispute, and, at a minimum, attend the initial
				settlement meeting. Subsection
				 29K-4.019(2),
				F.A.C., specifies what must be included in an initiation letter.
(10) "Response letter" formally notifies the
				initiator and other named parties that a party is willing to participate in the
				RDRP and, at a minimum, attend at least one settlement meeting. Subsection
				 29K-4.019(3),
				F.A.C., specifies what must be included in a response letter.
(11) "Settlement agreements" may be
				voluntarily approved by the individual or governing body authorized to bind the
				named party. Agreements may take the form of memoranda 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
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 6-26-94.