Fla. Admin. Code tit. 29 | Fla. Admin. Code Title 29 — Regional Planning Councils

Division 29L Apalachee Regional Planning Council

Chapter 29L-1 ORGANIZATION

Fla. Admin. Code R. 29L-1.001 Name

History

Rulemaking Authority 120.53(1), 160 FS. Law Implemented 120.53(1), 160 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.01, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.002 Purpose

History

Rulemaking Authority 120.53(1), 160.02, 163.01 FS. Law Implemented 120.53(1), 160.02, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.02, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.003 Graphic Description

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.03, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.004 Definitions

History

Rulemaking Authority 120.53(1), 160.03, 163.01 FS. Law Implemented 120.53(1), 160.03, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.04, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.005 Powers

History

Rulemaking Authority 120.53(1), 160.01, 160.06, 163.184(3), 163.3184, 403.506, 403.723, Chapters 23 and 380 FS. Law Implemented 120.53(1), 163.01, 163.184, 163.3184, 403.506, 403.723, Chapters 23 and 380 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.05, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.006 Finances

History

Rulemaking Authority 120.53(1), 160, 163.01 FS. Law Implemented 120.53(1), 160, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.06, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.007 Council Membership

History

Rulemaking Authority 120.53(1), 160.04, 163.01 FS. Law Implemented 120.53(1), 160.04, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.07, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.008 Council Officers

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.08, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.009 Apalachicola River Committee

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 10-14-81, Formerly 29L-1.09, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.010 Standing and Special Committees

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.10, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.011 Technical Review Committee (TRC)

History

Rulemaking Authority 120.53(1), 160.06, 160.08, 163.01, 163.3164, 380.06, 23.012 FS. Law Implemented 120.53(1), 160.06, 160.08, 163.01, 162.3164, 380.06 FS. History–New 10-14-81, Formerly 29L-1.11, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.012 Voting, Proxy Voting

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160, 163.01 FS. History–New 4-4-78, Formerly 29L-1.12, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.013 Weighted Voting

History

Rulemaking Authority 120.53(1), 160, 163.01 FS. Law Implemented 120.53(1), 160, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.13, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.014 Vacancies

History

Rulemaking Authority 120.53(1), 160, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.14, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.015 Removal From Office

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.15, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.016 Meetings

History

Rulemaking Authority 120.53(1), 160, 163.01 FS. Law Implemented 120.53(1), 160, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.16, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.017 Procedure for Presentations to Council

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.17, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.018 Compensation and Expenses of Members

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01, 112.061 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.18, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.019 Staff

History

Rulemaking Authority 120.53(1), 160, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.19, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.020 Withdrawal and Dissolution

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.20, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.021 Information Request - Inspection of Records

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.21, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.022 Public Access to Council

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.22, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.023 Statutory Chapters

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.23, Repealed 7-4-19.

Fla. Admin. Code R. 29L-1.024 Adoption of Model Rules

History

Rulemaking Authority 120.53(1), 160.06, 163.01 FS. Law Implemented 120.53(1), 160.06, 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-1.24, Repealed 7-4-19.

Chapter 29L-2 DRI REVIEW PROCESS

Fla. Admin. Code R. 29L-2.001 General

History

Rulemaking Authority 120.53(1), 160, 163.01 FS. Law Implemented 120.53(1), 160, 163.01, FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-2.01, Repealed 7-4-19.

Fla. Admin. Code R. 29L-2.002 Fees

History

Rulemaking Authority 120.53(1), 160, 163.01, 380.06, 380.07 FS. Law Implemented 120.53(1), 160, 163.01, 380.06, 380.07 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-2.02, Amended 8-17-87, Repealed 7-4-19.

Fla. Admin. Code R. 29L-2.003 DRI Review Process

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01, 380.06 FS. History–New 4-4-78, Amended 5-13-79, 10-14-81, Formerly 29L-2.03, Amended 8-17-87, Repealed 7-4-19.

Fla. Admin. Code R. 29L-2.004 DRI Review Process ‒ Graphic

History

Rulemaking Authority 120.53(1), 163.01, 380.06, 380.07 FS. Law Implemented 120.53(1), 163.01, 380.06, 380.07 FS. History–New 4-4-78, Formerly 29L-2.04, Repealed 7-4-19.

Fla. Admin. Code R. 29L-2.005 Procedure for Filing an ADA

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01, 380.06, 380.07 FS. History–New 4-4-78, Amended 5-13-79, Formerly 29L-2.05, Amended 8-17-87, Repealed 7-4-19.

Fla. Admin. Code R. 29L-2.006 Number of Copies of the ADA

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01, 380.06 FS. History–New 4-4-78, Formerly 29L-2.06, Amended 8-17-87, Repealed 7-4-19.

Fla. Admin. Code R. 29L-2.007 Site Inspection and Conference

History

Rulemaking Authority 120.53(1), 160, 163.01 FS. Law Implemented 120.53(1), 160, 163.01, 380.06 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-2.07, Amended 8-17-87, Repealed 7-4-19.

Fla. Admin. Code R. 29L-2.008 DRI-ADA Form

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01, 380.06, 380.07 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-2.08, Amended 8-17-87, Repealed 7-4-19.

Fla. Admin. Code R. 29L-2.009 DRI Appeal Procedure

History

Rulemaking Authority 120.53(1), 160, 163.01, 380.06 FS. Law Implemented 120.53(1), 160, 163.01, 380.06, FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-2.09, Amended 8-17-87, Repealed 7-4-19.

Chapter 29L-3 A-95 REVIEW PROCESS, LGCPA, REGIONAL PLAN REVIEWS, AND OTHER REVIEW PROCEDURES

Fla. Admin. Code R. 29L-3.001 General

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-3.01, Repealed 7-4-19.

Fla. Admin. Code R. 29L-3.002 A-95 Review Procedure

History

Rulemaking Authority 120.53(1), 160.06, 160.08, 163.01, 163.3164, 23.012 FS. Law Implemented 120.53(1), 160.06, 160.08, 163.01, 163.3164, 380.06 FS. History–New 4-4-78, Amended 10-14-81, Formerly 29L-3.02, Repealed 7-4-19.

Chapter 29L-4 PERSONNEL

Fla. Admin. Code R. 29L-4.001 Discrimination Prohibited

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 4-4-78, Formerly 29L-4.01, Repealed 7-4-19.

Fla. Admin. Code R. 29L-4.002 Definitions

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 112.061, 120.53(1), 163.01 FS. History–New 4-4-78, Formerly 29L-4.02, Repealed 7-4-19.

Fla. Admin. Code R. 29L-4.003 Appointments and Separations

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 112.061, 120.53(1), 163.01 FS. History–New 4-4-78, Formerly 29L-4.03, Repealed 7-4-19.

Fla. Admin. Code R. 29L-4.004 Compensation and Expenses

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 112.061, 120.53(1), 163.01 FS. History–New 4-4-78, Formerly 29L-4.04, Repealed 7-4-19.

Fla. Admin. Code R. 29L-4.005 Work Hours and Overtime

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 4-4-78, Formerly 29L-4.05, Repealed 7-4-19.

Fla. Admin. Code R. 29L-4.006 Holidays

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 4-4-78, Formerly 29L-4.06, Repealed 7-4-19.

Fla. Admin. Code R. 29L-4.007 Leave of Absence

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 4-4-78, Formerly 29L-4.07, Repealed 7-4-19.

Chapter 29L-5 REGIONAL COMPREHENSIVE POLICY PLAN

Fla. Admin. Code R. 29L-5.002 Strategic Regional Policy Plan for the Apalachee Region

The Strategic Regional Policy Plan (SRPP) for the Apalachee Region, effective 9-11-96, 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 the Apalachee Region, which is incorporated herein by reference and copies of which are kept at the Council offices at 314 E. Central Ave., Blountstown, Florida, to guide Council decision-making.

History

Rulemaking Authority 186.507 FS. Law Implemented 186.507, 186.508 FS. History–New 9-11-96.

Chapter 29L-7 REGIONAL DISPUTE RESOLUTION PROCESS

Fla. Admin. Code R. 29L-7.001 Purpose

(1) In recognition of the regional planning councils’ role in facilitating intergovernmental problem solving, a voluntary regional dispute resolution process (RDRP) is hereby established to reconcile differences on planning, growth management and other issues among local governments, regional agencies and private interests. The process consists of four optional steps prior to commencing litigation or administrative proceedings: (1) situation assessment, (2) settlement meetings, (3) mediation or (4) advisory decision-making.

(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning and growth management issues that will: clearly identify and resolve problems as early as possible; utilize the procedures in a low-to-high cost sequence; allow flexibility in the use of the procedures; provide for the appropriate involvement of affected and responsible parties; and provide as much process certainty as possible.

(3) Use of this process shall not waive a party’s right to judicial or administrative action, nor any requirements of Chapter 164, F.S.

(4) The RDRP may be used to resolve disputes involving extrajurisdictional impacts as provided for in the intergovernmental coordination elements of local comprehensive plans as may be required by Section 163.3177, F.S.; port master plan and local comprehensive plan consistency as may be required by Section 163.3178, F.S.; the siting of community residential homes as may be required by Section 419.001(5), F.S., or other statutes which reference this process.

(5) Participation in the RDRP as a named party or in any other way does not convey or limit intervenor status or standing in any judicial or administrative proceedings.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.002 Definitions

(1) Situation assessment is a procedure of information collection that may involve review of documents, interviews and/or an assessment meeting leading to a written and/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) Facilitation is a procedure in which a neutral party 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.

(3) 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.

(4) 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, and/or advisory arbitration in which a neutral party or panel listens to the facts and arguments presented by the parties and renders a non-binding advisory decision.

(5) Jurisdiction is any local government or regional agency, including special districts, authorities or school boards.

(6) Named party shall be any jurisdiction, public or private organization, group or individual who is named in an initial request, including the initiating jurisdiction, or is admitted by the named parties to participate in settlement of a dispute pursuant to subsections 29L-7.003(1) and (2), F.A.C.

(7) Representative is an individual or team who is appointed or authorized to act and given guidance by a named party to represent them in a RDRP case. subsection 29L-7.003(3), F.A.C., sets forth the designation process.

(8) Request letter is a letter from a jurisdiction formally identifying a dispute and asking named parties to engage in this process to resolve the dispute. Rule 29L-7.010, F.A.C., specifies what must be included in a request letter.

(9) Response letter is a letter that formally notifies the initiator and other named parties that a party is willing to participate in the RDRP and, at a minimum, attend at least one settlement meeting.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.003 Participation

(1) Named parties shall automatically be allowed to participate. Other jurisdictions, public or private organizations, groups or individuals suggested by named parties in response letters or during RDRP meetings or submitting a petition to participate may become named parties if agreed to by a two-thirds majority of the participating named parties.

(2) Other jurisdictions, public or private organizations, groups or individuals seeking to become named parties shall submit to the Apalachee Regional Planning Council (ARPC) staff a written petition to participate, including reasons for the request. This petition should be filed at least five (5) days before any settlement meetings, mediation or advisory decision-making. The ARPC shall forward that request to the named parties for their consideration. Such jurisdictions, public or private organizations, groups, or individuals shall become named parties if agreed to by a two-thirds majority of the named parties, prior to or during RDRP meetings.

(3) Each of the jurisdictions, organizations, groups or individuals participating as named parties in this process shall designate a representative, in writing, or be represented by the chief administrative officer. Such a representative shall have authority to act and the responsibility for representing that party’s interest in this process and for maintaining communications with that party throughout the process. Jurisdictions are encouraged to designate a representative to participate in this process in advance of initiating or receiving a request.

(4) Any named party may invite individuals or organizations to attend meetings under this process who can provide information and technical assistance useful in the resolution of the dispute. The parties, by agreement, or the presiding neutral shall determine when and under what circumstances such invited parties may provide input.

(5) All communications by a named party called for in this process shall be submitted to all other named parties and the ARPC staff in writing.

(6) All jurisdictions are encouraged to consider the circumstances under which they would respond affirmatively to a request to initiate the process, and draft and adopt guidelines or procedures for organizations, groups, or individuals, making such a request. Local governments are encouraged to incorporate such guidelines into the six intergovernmental coordination elements of their comprehensive plans.

(7) All named parties who agree to participate in this process commit to a good faith effort to resolve problems or disputes.

(8) Any named party may withdraw from participation in dispute resolution under this process upon written notice to all other named parties and the ARPC staff.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.004 Costs

(1) There shall be no charge for processing a RDRP request and facilitation, if requested, of the initial settlement meeting. The ARPC expenses for situation assessments, facilitation of additional settlement meetings, mediation, technical assistance and other staff services shall be compensated at costs. 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.

(3) Jurisdictions formally adopting this process shall establish budgeting procedures for paying the cost of participation in this process.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.005 Timeframes

(1) The initial settlement meeting shall be scheduled and held within thirty (30) days of the date 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 meetings.

(3) Where necessary to allow this process to be effectively carried out, named parties should address deferring or seeking stays of judicial or administrative proceedings.

(4) All other timeframes specified or agreed to in this process may be shortened or extended by mutual agreement of the named parties.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.006 Public Notice, Records, and Confidentiality

(1) Named parties should consider providing 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 amendments. Public input will be discussed at the initial settlement agreement.

(2) Applicable public notice and public records requirements shall be observed as required by Chapters 119 and 120, F.S. or other applicable 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 entered 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 applicable laws, which may include Chapter 44, F.S.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.007 Pre-initiation Meeting

A jurisdiction, organization, group, or individual contemplating initiation of this process may request an informal pre-initiation meeting with the ARPC staff in order to ascertain whether the potential dispute would be appropriate for this process.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.008 Situation Assessment

(1) A jurisdiction, organization, group, or individual may request that the ARPC staff or other neutral party 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/or assessment meetings, and shall recommend issues to be addressed, parties that may participate, appropriate resolution procedures and a proposed schedule.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.009 Initiation of the Process by Jurisdictions

(1) This process is initiated by a request letter from the representative of the governing body of a jurisdiction to the named parties involved in the dispute and to the ARPC staff. This 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 process.

(2) Such a request 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 ARPC staff and all other named parties confirming their willingness to participate in a settlement meeting within twenty-one (21) days of receiving a request. This response shall include any additional issues and parties the respondent wishes considered, as well as a brief history of the dispute and description of the situation from the respondent’s point of view.

(4) Upon receipt of a request the ARPC staff shall assess its interest in the case. If the ARPC 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 ARPC 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 ARPC staff shall schedule a meeting within thirty (30) days 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.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.010 Requests to Initiate the Process Submitted by Others

(1) Private interests may ask any jurisdiction to initiate the process.

(2) Any public or private organization, group, or individual may request that the ARPC recommend use of this process to address a potential dispute in accordance with subsection 29L-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 29L-7.010(2), F.A.C.

(3) After reviewing the rationale submitted by and consulting with the requesting organization, group, or individual, the ARPC staff will conduct a situation assessment and respond in writing.

(4) If the ARPC determines that a potential dispute is suitable for the process, it shall transmit that determination in writing to the potential parties. The determination may include a recommendation that one or more of the jurisdictions among the potential parties initiate the procedure. The ARPC may also suggest that other resolution processes be considered.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.011 Settlement Meetings

(1) Settlement meetings shall, at a minimum, be attended by the named parties’ representatives designated pursuant to subsection 29L-7.003(3), F.A.C.

(2) Settlement meetings may be facilitated by an ARPC 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 29L-7.015(2), 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, administrative hearing or arbitration, as appropriate.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.012 Mediation

(1) If two or more named parties submit a request for mediation to the ARPC, the ARPC shall assist them to select and retain a mediator or the named parties may request that the ARPC 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, F.S.,

(3) Named parties shall submit a mediation report in accordance with subsection 29L-7.015(2), F.A.C., of this process.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.013 Advisory Decision-making

(1) If two or more of the named parties submit a request for advisory decision-making to the ARPC, the ARPC shall assist the parties to select and retain an appropriate neutral party or the parties may request that the ARPC make the selection.

(2) All disputes shall be handled by a neutral party 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 29L-7.015(2), F.A.C., of this process at the conclusion.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.014 Form of Agreements

(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. Upon settlement of the dispute, the parties shall provide a copy of the agreement to the ARPC.

(2) After settlement meetings, mediation, or advisory decision-making under this process, the named parties shall submit a joint report to the ARPC 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);

(d) A timeframe for starting and ending informal negotiations, additional settlement meetings, mediation, advisory decision-making, joint meetings of elected bodies, administrative hearings or litigation;

(e) Any additional ARPC assistance requested. The report shall include all material any named party wishes to include; and

(f) A written fee allocation agreement to cover the costs of agreed upon RDRP procedures.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Fla. Admin. Code R. 29L-7.015 Other Existing Dispute Resolution Processes

In addition to the RDRP Section 186.509 F.S., other resolution processes exist within Florida Statutes, including: Intergovernmental Coordination Element, Sections 163.3177(6)(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.; Termination of the Development of Regional Impact Program, Section 380.27, F.S.; Administrative Procedures Act, Chapter 120, F.S.; Florida Governmental Cooperation Act, Chapter 164, F.S.; Mediation Alternatives to Judicial Action, Chapter 44, F.S.

History

Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented 186.509 FS. History–New 3-29-94.

Division 29G Central Florida Regional Planning Council

Chapter 29G-4 CENTRAL FLORIDA STRATEGIC REGIONAL POLICY PLAN

Fla. Admin. Code R. 29G-4.001 Strategic Regional Policy Plan

The following publication of the Central Florida Regional Planning Council is hereby adopted as the Central Florida Strategic Regional Policy Plan, 1997.

History

Specific Authority 186.507, 186.508 FS. Law Implemented 186.507, 186.508 FS. History–New 4-28-97.

Division 29F East Central Florida Regional Planning Council

Chapter 29F-1 ORGANIZATION

Fla. Admin. Code R. 29F-1.101 Organization

There is hereby organized a regional planning council under the authority of chapter 186, F.S., which shall be known as the EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL, consisting of the counties of Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter, and Volusia. Council headquarters shall be in a central location as determined by a majority vote of the Council. Field offices may be maintained at other locations.

History

Rulemaking Authority 186.505, 186.512 FS. Law Implemented 186.505 FS. History–New 9-22-99, Amended 11-7-18.

Fla. Admin. Code R. 29F-1.102 Purpose

(1) To exercise the rights, duties, and powers of a regional planning council as defined in chapter 186 and section 403.723, F.S., and of a regional planning agency as defined in chapters 23 and 380 and section 403.723, F.S., as amended, including those functions enumerated by legislative finding and declarations of chapter 186, F.S., and other applicable federal, State and local laws.

(2) To provide regional coordination for the local governments in the East Central Florida Region.

(3) To exchange, interchange, and review the various programs referred to it that are of regional concern.

(4) To promote communication among local governments, public agencies and the private and nonprofit sectors in the Region.

(5) To identify regional problems and issues and work toward their resolution.

(6) To ensure the orderly and balanced growth and development of this Region, consistent with the protection of the natural resources and environment of the Region, and to promote safety, welfare and quality of life of the residents of the Region.

(7) To encourage and promote communications between neighboring regional planning districts in an attempt to ensure compatibility in development and long-range planning goals.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.103 Definitions

(1) Council – the East Central Florida Regional Planning Council.

(2) Council Member(s) – representatives appointed by the Governor or by a member local government or League of Cities.

(3) Elected official – a member of the governing body of a municipality or county or a county elected official chosen by the governing body.

(4) Ex Officio Nonvoting Member – the ex officio nonvoting members identified in section 186.504, F.S., together with an ex officio nonvoting member appointed by the Central Florida Regional Transportation Authority d/b/a Lynx and an ex officio nonvoting member appointed by the Orlando-Orange County Expressway Authority.

(5) Department – the Florida Department of Community Affairs.

(6) Federal or federal government – the government of the United States of America or any department, commission, agency or instrumentality thereof.

(7) Local general-purpose government – any municipality or county created pursuant to the authority granted under Section 1 and 2, Article VIII of the Constitution for the State of Florida.

(8) Member government – any county or any association representing a group of municipalities located within the Region.

(9) Population – the population according to the current determination by the executive office of the Governor pursuant to section 186.901, F.S., for revenue sharing purposes.

(10) Principal member unit – each of the counties in the Region.

(11) Region or East Central Florida Region – the geographical area, including both land and water, within or adjacent to the counties of Brevard, Lake, Orange, Osceola, Seminole and Volusia.

(12) State or State government – the government of the State of Florida, or any department, commission, agency or instrumentality thereof.

(13) Strategic regional policy plan – a long-range guide for physical, economic and social development of the Region that identifies regional goals, objectives and policies.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99, Amended 3-20-07.

Fla. Admin. Code R. 29F-1.104 Membership

(1) Each county in the Region shall have two voting representatives on the Council, each of whom shall be an elected official as defined in section 186.503, F.S., provided, however, that in the event the Governor appoints an elected official from a respective county, then, and in that event, such respective county may appoint a lay citizen who is a qualified elector of the county from which that representative is appointed.

(2) The municipality having the largest population in the Region may appoint one voting representative who shall be an elected official, as defined in section 186.503(3), F.S., from that municipality.

(3) Municipalities in Brevard, Lake and Volusia County may caucus through their respective local League of Cities (Space Coast League of Cities, Lake County League of Cities, and Volusia League of Cities), and shall each appoint from their members one voting representative who shall be an elected official, as defined in section 186.503(3), F.S., from a municipality. In the event a League of Cities does not appoint a representative, then the municipality with the largest population in the county whose municipalities are not represented shall be entitled to a voting representative, unless that municipality is the largest in the region and is already represented pursuant to subsection (2), above. In that event, the second largest city in that county shall be entitled to a voting representative.

(4) Municipalities in Orange, Osceola, and Seminole County may caucus through the Tri-County League of Cities and appoint from its members three voting representatives – one from each county, each of whom shall be an elected official, as defined in section 186.503(3), F.S., from a municipality. In the event the Tri-County League of Cities does not appoint one or more representatives, then the municipality with the largest population in each county whose municipalities are not represented shall be entitled to a voting representative, unless that municipality is the largest in the region and is already represented pursuant to subsection (2), above. In that event, the second largest city in that county shall be entitled to a voting representative.

(5) Pursuant to section 186.504(3), F.S., the Governor of the State of Florida appoints one-third of the voting members of the governing board of the Council.

(6) Each municipality in the region may appoint one non-voting representative. Such representatives shall have the right to participate in all activities of the Council and may make motions, but shall not have the right to vote or to serve as an officer of the Council and shall not be counted in determining either a quorum or the member balance of elected officials to Governor’s appointees.

(7) Ex officio, nonvoting members as appointed pursuant to section 186.504(4), F.S., shall have the right to participate in all activities of the Council and may make motions, but shall not have the right to vote or to serve as an officer of the Council and shall not be counted in determining either a quorum or the member balance of elected officials to Governor’s appointments.

History

Rulemaking Authority 186.505 FS. Law Implemented 120.53, 120.54, 186.504, 186.505 FS. History–New 5-1-99.

Fla. Admin. Code R. 29F-1.105 Council

(1) There shall be a council composed of voting representatives of member local governmental units and gubernatorial appointees.

(2) The Council shall meet once each month, provided there is business to conduct; the Annual Meeting will be held in September.

(3) At the Annual Meeting, the Council shall elect the officers and the Executive Committee; adopt the Annual Budget and Work Program; establish a schedule of regular meetings for the upcoming fiscal year; and conduct other business as deemed appropriate. The schedule of meetings may be amended by vote of the Council or by the Chairperson, when the Chairperson, in consultation with the Executive Director, determines that:

(a) There is insufficient business to convene a meeting on the regularly scheduled date, in which case, the meeting will be postponed to the next regularly scheduled date; or

(b) Timely action of the Council is required in order to prevent a missed opportunity that is dependent upon Council action before the next regular meeting.

(4) The chairperson or any five voting representatives of the Council shall call special meetings of the Council. Calls for special meetings shall be in writing to the Executive Director sufficiently in advance to accommodate the requirements for the publication of public meeting notices in the Florida Administrative Register and subsection 29F-1.1005(5), F.A.C.

(5) Written notice of Council meetings shall be mailed to each representative, at the representative’s address, as it appears on the records of the Council, at least seven (7) days prior to that meeting. The notice shall state the time, place, and the business to be transacted. Business transacted at all meetings shall be confined to the subject stated in the notice, except that business of an emergency nature requiring timely action of the Council may be acted upon provided that the nature of the emergency is first declared by the Chairperson and recorded in the minutes of the Council meeting.

(6) Representatives entitled to cast one-third (1/3) of the total number of votes on the Council shall constitute a quorum at any Council meeting. When a quorum is present, the majority of the votes cast shall decide any question, other than Rules revision or amendment brought to a vote before the Council.

(7) The appointing authority may designate a standing alternate for each of their members, who may attend in that member’s place. Alternates shall have the same rights as members, including voting.

(8) Each representative on the Council shall have one (1) vote on all matters under consideration.

(9) All official meetings of the Council shall be open to the public as required by the Florida Sunshine Law, chapter 286, F.S., and shall meet the requirements of the applicable sections of the Florida Administrative Procedures Act, chapter 120, F.S.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-14-99.

Fla. Admin. Code R. 29F-1.106 Council Meeting Agenda

(1) For each Council meeting the Agenda shall be set in the following manner:

(a) The Agenda shall be set ten (10) days prior to each meeting.

(b) The Executive Director shall be responsible for setting the Agenda. In fulfilling this responsibility, the Executive Director shall consult with the Chairperson. All items requested by the Chairperson shall be placed on the Agenda.

(c) Any additions, modifications or deletions to the Agenda subsequent to it being set shall be in accordance with the provisions of section 120.525(2), F.S. In particular, such additions, modifications or deletions must be determined by the Chairperson or other officer designated to preside to be of a critical or emergency nature. Items to be included within the scope of a critical or emergency nature are items that would require Council action prior to a subsequent regularly scheduled meeting at which time the item could be considered, and that by delaying consideration the purpose of the Council would not be reasonably achieved.

(d) The Agenda shall be considered by the Council at the beginning of each meeting and shall be accepted, or modified and accepted, in accordance with paragraph (c) of this section.

(2) Any person, individual, or organization may request that an item be placed on the Agenda. All requests shall be considered in the following manner:

(a) All requests for placing an item on the Agenda, except those made by the Chairperson, shall be made in writing to the Executive Director stating the following:

The subject matter to be considered;
The purpose in making the request;
The action requested of the Council, if any;
The meeting date at which the item would be considered, indicating the reason, if any, for requesting the date.

(b) The item requested shall be placed on the Agenda of the next regularly scheduled meeting, provided that:

The request is received a minimum of fourteen (14) days prior to the meeting;
The Executive Director determines that:

a. The subject matter of the request can reasonably be considered to be within the purpose of the Council as set forth in rule 29F-1.102, F.A.C., of this chapter, and;

b. Sufficient staff effort and resources are available to properly prepare a report and recommendation on the requested subject, when necessary.

In Making these determinations, the Executive Director may confer with the Chairperson. All requests that are not placed on the Agenda shall be brought to the Council’s attention by the Executive Director at the next meeting.

(c) Should a Council Member wish to have an item, previously considered and acted upon by the Council, reconsidered, the Council Member may request, at any regular Council meeting, that the item be placed on the next meeting Agenda. The request must receive a majority vote of the Council Members present to agenda the item.

(3) Unless otherwise provided by chapter 120, F.S., or provided herein, the most recently published edition of Robert’s Rules of Order shall rule.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.107 Finances

(1) The Council’s work year and fiscal year shall be the twelve (12) months beginning the first day of October and ending the thirtieth day of September.

(2) The Council shall adopt a work program and budget for each fiscal year by the beginning of that fiscal year. The Council shall provide, by July 1 of each year, an estimate of the next fiscal year’s membership fee to the governing body of each county local government member unit. Each county local government member unit shall include in its annual budget and provide to the Council funds in an amount sufficient to fund its proportionate share of the Council's adopted budget.

(3) The proportionate share of the Council’s budget shall be an amount that bears the same ratio to the local share of the total annual Council budget as the population of each county local government member unit bears to the total population of all participatory counties. The local share is the total annual budget minus funds supplied to the Council under contract with Federal or State agencies.

(4) The Council, in adopting its annual budget, shall establish a reasonable minimum financial contribution from each county local government member unit.

(5) Assessments shall be due in full on October 1.

(6) Each county local member government that does not remit the assessed amount by November 1 shall lose all voting privileges, both for representatives from the principal member and other appointees from the county, until payment is made.

(7) The following persons are designated to sign all checks issued by the Council: 1) the Chairperson; 2) the Vice-Chairperson; 3) the Secretary-Treasurer; and 4) the Executive Director of the Council. Additional staff persons shall be designated as signators by the Council to avoid problems associated with time or distance. All checks over $1,000 are to be signed by two (2) of the above-designated persons.

(8) The budget and such other changes, amendments or supplements as are necessary to conduct the fiscal affairs of the Council shall be amended by action of the Council provided, however, that the budget may not be amended to increase the annual per capita contribution by the county local government member units.

(9) The purchase of any single item of either equipment or goods that will require the expenditure of more than three thousand dollars ($3,000), and that is not included in the current approved budget, must be approved by the Council.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.108 Officers, Term of Office and Duties

(1) At the annual meeting of the Council, the Council shall elect from its membership the following officers: Chairperson, Vice-Chairperson, Secretary and Treasurer. Each member so elected shall serve for one (1) year or until reelected or a successor is elected.

(2) The newly elected officers shall be declared installed following their election, and shall assume the duties of office.

(a) The Chairperson shall be responsible for overseeing the organization of the work of the Council; for seeing that all policies of the Council are carried out; for signing any contract or other instrument that the Council deems in its best interest; and for presiding over all Council meetings. The Chairperson, or a designated Council Member, shall be an ex officio member of all committees.

(b) The Vice-Chairperson shall act in the Chairperson’s absence or inability to act. The Vice-Chairperson shall perform such other functions as may be assigned by the Chairperson or the Council.

(c) The Secretary shall be responsible for minutes for the meeting, keeping the roll of members, general oversight of the financial affairs of the Council and such other duties as may be assigned by the Chairperson or the Council.

(d) The Treasurer shall be responsible for the general oversight of the financial affairs of the Council; and such other duties as may be assigned by the Chairman or the Council.

(3) There shall be an Executive Committee consisting of the Chairperson, Vice-Chairperson, Secretary, Treasurer and the immediate past Chairperson, and two members selected from current Council Membership. If there is no immediate past Chairperson still in continuous service, the Council shall elect an additional member to serve on the Executive Committee until such time as there is an immediate past Chairperson still in continuous service. A majority of the Executive Committee Membership shall be County Representatives.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99, Amended 10-23-13, 11-7-18.

Fla. Admin. Code R. 29F-1.109 Vacancies

Any vacancy in membership shall be filled for the unexpired term in the same manner as the initial appointment.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.110 Removal from Office

Should a Council Member have three (3) consecutive absences from regular meetings or miss more than one-half of the regularly scheduled meetings in a calendar year, the Secretary shall so advise the appropriate member government, or the Governor, and request another appointment. Members shall be removed from the Council by the authority which made the appointment only after written notice of such action has been given to the Council.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.111 Committees

(1) The Council shall establish and maintain such committees as it deems necessary to carry out the purposes and objectives of the Council. Committees shall be created or discontinued by the Chairperson as directed by the Council.

(2) All committees and chairmen thereof shall be appointed by the Council Chairperson with the approval of a majority of the Council, except that when the need arises between regular meetings of the Council, the Chairperson shall fill vacancies and appoint temporary committee members or a temporary committee Chairperson. Any person so appointed by the Chairperson between regular meetings of the Council shall have full and complete authority to vote and carry out the duties of regular committee members until the next regular Council meeting or such shorter period of time as the Chairperson shall determine. The authority of the person appointed by the Chairperson between regular meetings of the Council may not extend past the next regular meeting unless confirmed by a majority of the Council. If a majority of the Council does not confirm the person appointed for future service on the committee, this shall in no way affect the validity of the actions taken by such person during the period between regular meetings of the Council.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.112 Staff

(1) The Council shall employ and set the compensation of an Executive Director, who shall serve at the pleasure of the Council.

(a) The Executive Director may be dismissed by the Council provided, however, that said dismissal shall have been initiated at a regular meeting of the Council in accordance with the following procedure:

The question of dismissing the Executive Director shall be raised by a representative of the Council at a regular meeting of the Council;
The question of dismissal of the Executive Director must be approved by the Council for inclusion on the agenda of the next regular meeting of the Council;
The agenda in which a motion for dismissal is included shall be published not less than 7 days in advance of the regular Council meeting at which the proposal for dismissal shall be considered by the Council;
The notice and agenda of said Council meeting shall be mailed to each Council representative at least 7 days in advance of the meeting;
Any motion for dismissal of the Executive Director must be approved by a majority of Council representatives present at the meeting.

(2) The Executive Director shall employ and discharge professional, technical, or clerical staff as may be necessary to carry out the purpose of the Council. The Executive Director may make agreements with other agencies, within or without the geographic boundaries of the region, for temporary transfer, loan or other cooperative use of staff employees and, with the consent of the Council or pursuant to procedures established by the Council, may acquire the services of consultants.

(3) The Executive Director shall be responsible to the Council for supervising and administering the work program of the Council, including preparation of a proposed annual budget, for administration and supervision of Council employees, and for acquiring employee benefit coverages.

(4) The Executive Director shall act as assistant to the Council officers in performing their duties and shall, at the direction of the Secretary-Treasurer, prepare minutes of each meeting and be responsible for distributing copies to members of the Council, and shall perform such other duties and responsibilities as directed by the Council.

(5) The Executive Director shall be an ex-officio member of all Council committees.

(6) The Executive Director shall act as agency clerk.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.113 Plans, Studies, Activities, and Reports

(1) In the event one or more governmental units or public agencies within the Region should desire the Council staff to conduct special studies or activities pertaining to a portion of the entire Region, they may make application to the Council by ordinance, resolution, rule or order, wherein the applying entities bind themselves to pay all costs involved in the study or activity. If the Council deems the study or activity feasible, after considering the availability of staffing and other necessary resources and the application’s consistency with the Council’s mission, it shall enter into a separate contract with the particular entity to conduct same.

(2) The Council shall prepare an annual report on its activities. Copies of this report shall be provided to the appropriate State entities and all general-purpose local governments within the Region. Copies of the report will also be available to interested persons upon payment of the cost to produce the report.

(3) The Council shall make reports jointly with other regional planning councils to the appropriate legislative committees, as required or requested.

(4) The Council shall annually prepare an accounting of the receipts and disbursements of all funds received by the Council for its preceding fiscal year. This accounting shall be rendered in accordance with section 186.505(8), F.S.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.114 Dissolution

In the event that the Council is dissolved, any funds remaining on hand belonging to the Council will be repaid to the various member local governments comprising the Council in proportion to their contribution during the year of such dissolution, exclusive of financial obligations incurred by the Council up until the time of dissolution.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Fla. Admin. Code R. 29F-1.115 Information Request

(1) The principal office of the East Central Florida Regional Planning Council is located at 1011 Wymore Road, Suite 105, Winter Park, Florida 32789. All official forms, publications, or documents are available for public inspection at the Council’s principal office during regular business hours.

(2) Copies of the Council’s forms, publications and official documents prepared for public dissemination are available as follows:

(a) Public agencies, defined as those organizations representing the public government agencies situated in the State of Florida, receive printed Council publications at no charge;

(b) Private organizations situated in Florida and all parties outside of Florida can receive printed Council publications at cost;

(d) Council publications out of print or forms and documents are available for public inspection at the Council’s principal office. Any person wishing photocopies may receive them at cost.

(3) Photocopies of other items in the public record of the Council may be obtained at cost.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 9-22-99.

Chapter 29F-2 PERSONNEL REGULATIONS

Fla. Admin. Code R. 29F-2.101 General

The rules of this chapter provide the practices and procedures to be followed by all persons when dealing with the East Central Florida Regional Planning Council. These rules are in addition to all practices, procedures and definitions imposed by applicable statutes, regulations, and rules.

History

Specific Authority 120.54(5), 186.505 FS. Law Implemented 120.54(5), 186.505 FS. History–New 11-24-99.

Fla. Admin. Code R. 29F-2.102 Meetings, Hearings and Workshops

(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 Chairperson or the Executive Director not less than ten (10) days before the Council's upcoming public meeting, hearing or workshop. The Executive Director, in consultation with the Chairperson, shall include the party on the agenda or notify the party in writing of the reasons for not including the person on the agenda. An opportunity for general public comment will be included in each 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 Chairperson shall instruct all persons as to the amount of time allocated for presentation and as to the appropriateness of written materials offered.

History

Specific Authority 120.54(5), 185.505 FS. Law Implemented 120.54(5), 186.505 FS. History–New 11-24-99.

Fla. Admin. Code R. 29F-2.103 Scheduling Meetings

All committee and subcommittee meetings will be scheduled by the respective committee chairperson at a time and place of his or her choosing. Logistical support such as preparation and mailing of meeting notices, arranging for a meeting hall, preparation of meeting materials, and the taking and preparation of minutes will be provided by staff person or persons designated by the Executive Director. Upon selection of a meeting time and place by a committee chairperson, staff will comply with the following procedure:

(1) Reserve a meeting room by contacting the appropriate party.

(2) If the meeting will be held at other than the customary location, then upon confirmation of reservation, the Executive Director will advise the Mayor of the city in which the meeting is to be held, as well as the appropriate Chairperson of the Board of County Commissioners that a meeting has been scheduled. The notice will indicate the time, place, and subject of the meeting and will extend an invitation to the Mayor and Board Chairperson to attend or send a representative.

(3) Staff will prepare a meeting notice to be sent to all appropriate committee members. Said notices will include a meeting agenda and will be placed in the mail so that committee members will receive them at least ten days in advance of the meeting.

(4) Information copies of all meeting notices will be sent to the area media.

(5) A copy of all meeting notices will be posted on the bulletin board in the Council office.

History

Specific Authority 186.505 FS. Law Implemented 120.54, 186.505 FS. History–New 11-24-99.

Fla. Admin. Code R. 29F-2.104 Conducting Meetings

(1) All meetings will be conducted by the Chairperson or Vice-Chairperson. In the absence of the Chairperson and Vice-Chairperson, the membership shall select one of its members to conduct the meeting.

(2) Minutes will be kept of all meetings. Minutes will be taken by a staff member designated by the Executive Director.

(3) Minutes of the Council, Executive Committee, Finance Committee and other committees will be prepared and distributed by the staff at least 7 days in advance of the next meeting.

History

Specific Authority 186.505 FS. Law Implemented 120.54, 186.505 FS. History–New 11-24-99.

Fla. Admin. Code R. 29F-2.105 Rule and Policy Making Proceeding

Except as otherwise provided herein, administrative policies and policy amendments proposed for adoption by the Council shall be decided by vote of the Council as follows:

(1) Notice of the proposed policy or amendment shall contain a full statement of the policy or the proposed policy changes;

(2) The proposed policy or amendment shall be placed on the agenda of the next regularly scheduled meeting;

(3) The proposed policy or amendment shall be mailed to all Council members at least ten (10) days prior to the meeting at which a vote will be held;

(4) Council members may propose relevant changes from the floor to any proposed policy or amendment under consideration on the agenda; and

(5) The proposed policy or amendment shall be approved by a majority vote of the representatives present at the Council meeting.

History

Specific Authority 120.54(5), 185.505 FS. Law Implemented 120.54, 186.505 FS. History–New 11-24-99.

Chapter 29F-3 REGINONAL DISPUTE RESOLUTION PROCESS

Fla. Admin. Code R. 29F-3.101 Purpose

(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 required components: (a) process initiation (initiation and response letters); and (b) settlement meetings; and four optional components: (a) pre-initiation meeting; (b) situation assessments; (c) mediation; or (d) advisory decision-making.

(2) The RDRP’s intent is to provide a flexible process that will: clearly identify and resolve problems as early as possible; utilize the procedures in a low-to-high cost sequence; allow flexibility in the order in which the procedures are used; provide for the appropriate involvement of affected and responsible parties; and provide as much process certainty as possible.

(3) The RDRP may be used to resolve disputes involving extra-jurisdictional impacts arising from: the intergovernmental coordination elements of local comprehensive plans required by Section 163.3177, F.S.; inconsistencies between port master plans and local comprehensive plans; the siting of community residential homes required by Section 419.001(5), F.S.; and any other matters covered by statutes that reference the RDRP.

(4) The RDRP shall not be used to address disputes involving environmental permits or other regulatory matters unless all the parties involved agree to initiate use of the RDRP.

(5) Use of the RDRP shall not alter a jurisdiction’s, organization’s, group’s or individual’s right to judicial or administrative determination of any issue if that entity is entitled to such a determination under statutory or common law.

(6) 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.

(7) The RDRP does not supplant local processes established for resolving intra-jurisdictional disputes and is not intended to be used by parties dissatisfied with the appropriate application of local rules and regulations within their jurisdiction.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New12-8-99.

Fla. Admin. Code R. 29F-3.102 Definitions

(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.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New12-8-99.

Fla. Admin. Code R. 29F-3.103 Participation

(1) Named parties shall automatically be allowed to participate. Other jurisdictions, public or private organizations, groups, or individuals suggested by named parties in response letters or during RDRP meetings or submitting a petition to participate, may become named parties if agreed to by a two-thirds majority of the participating named parties, except as provided for in subsection 29F-3.103(2), F.A.C. Fee allocation agreements will be amended as appropriate.

(2) All initiation and response letters made in accordance with intergovernmental coordination elements (ICE) of local government comprehensive plans shall only list affected jurisdictions as named parties. The named parties may at the initial settlement meeting or at subsequent RDRP meetings add public or private named parties by mutual agreement of all the current named parties.

(3) Named parties who do not respond within 21 calendar days of receipt of the initiation letter may not participate in the RDRP unless they submit a petition for participation.

(4) Jurisdictions, public or private organizations, groups or individuals seeking to become named parties shall submit to the East Central Florida Regional Planning Council (RPC) staff a written petition to participate, including reasons for the request. Such jurisdictions, public or private organizations, groups, or individuals shall become named parties if agreed to by a two-thirds majority of the named party, prior to or during RDRP meetings.

(5) Each of the jurisdictions, organizations, groups or individuals participating as named parties in this process shall designate a representative, in writing, or be represented by the chief executive officer. Such a representative shall have authority to act, subject to such qualifications imposed by the party as the representative may advise all other named parties in advance, and the responsibility for representing that party’s interest in this process and for maintaining communications with that party throughout the process. Jurisdictions are encouraged to designate a representative to participate in the RDRP in advance of initiating or receiving a request.

(6) Any named party may invite individuals or organizations to attend meetings under this process who can provide information and technical assistance useful in the resolution of the dispute. The parties, by agreement, or the presiding neutral shall determine when and under what circumstances such invited parties may provide input.

(7) All communications by a named party called for in this process shall be submitted to all other named parties and the RPC staff in writing.

(8) All named parties who agree to participate in this process commit to a good faith effort to resolve problems or disputes.

(9) Any named party may withdraw from participation in the RDRP at any time upon written notice to all other named parties and the RPC staff.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.104 Costs

(1) The RPC shall be compensated for situation assessments, facilitation of settlement meetings, mediation, technical assistance and other staff services based on reasonable actual costs. 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 unless the parties mutually agree to a different allocation. The agreed upon cost allocation shall be documented in a written fee agreement.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99

Fla. Admin. Code R. 29F-3.105 Timeframes

(1) The initial meeting of the participating parties shall be scheduled and held within 30 days of the date of receipt of the last response letter or conclusion of the 21 calendar day response period referenced in subsection 29F-3.103(3), F.A.C., whichever occurs first.

(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) Excepting the 30-day period for the initial meeting, all time frames specified or agreed to in this process may be shortened or extended by mutual agreement of the named parties.

(4) Where necessary to allow this process to be effectively carried out, named parties should address deferring or seeking stays of judicial or administrative proceedings.

(5) The participating parties may, by agreement, utilize procedures in the RDRP in any order.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.106 Public Notice, Records and Confidentiality

(1) Named parties should consider appropriate opportunities for public input at each step in this process, such as allowing the submittal of written or verbal comments on issues, alternative solutions and impacts of proposed agreements.

(2) Applicable public notice, public records, and public meeting requirements shall be observed as required by Chapters 119 and 120, F.S., or other applicable Florida Statutes.

(4) To the extent permitted by law, mediation under this process will be governed by the confidentiality provisions of applicable laws, which may include Chapter 44, F.S.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.107 Pre-Initiation Meeting

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.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.108 Situation Assessment

(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 assessment meetings or any combination of these and shall recommend issues to be addressed, parties that may participate, appropriate resolution procedures and a proposed schedule.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.109 Initiation of the Process by Jurisdictions

(1) This process is initiated by an initiation letter from the representative of the governing body of a jurisdiction, other than the regional planning council, to the named parties as provided for in Rule 29F-3.103, 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 RDRP; 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) calendar days of receiving the initiation letter. 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 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) In instances where the RPC is not a named or potential party, it may, upon its own initiative, recommend that a potential dispute is suitable for this process and transmit its recommendation to potential parties, who may, at their discretion, choose to initiate the RDRP.

(6) The RPC staff shall schedule a meeting at the most convenient time within the thirty (30) day period provided for in subsection 29F-3.105(1), F.A.C.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.110 Requests to Initiate Submitted by Others

(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 pertaining to a development proposal that would have an impact on an adjacent local government or identified state or regional resources or facilities, in accordance with subsection 29F-3.109(5), F.A.C. Such a request shall be submitted in writing and shall include the information required for an initiation letter in subsection 29F-3.109(2), F.A.C.

(3) After reviewing the information submitted by, and consulting with, the requesting organization, group or individual, the RPC staff will conduct a situation assessment and respond in writing. The situation assessment shall involve an informal review of provided documents and other information, interviews or meetings as necessary to determine the issues in dispute, the stakeholders, additional information which is needed to reach a decision and an opinion of whether the dispute meets the intent and purpose of the RDRP, as stated in Rule 29F-3.101, F.A.C.

(4) If the RPC staff determines, through the situation assessment, 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. If determined to be suitable for the process, the written determination shall include a recommendation that one or more of the jurisdictions among the potential parties initiate the process. The RPC may also suggest that other processes be used. Any party may request that the staff’s determination of the suitability of the dispute for this process be reviewed by the governing board of the RPC at its next regularly scheduled meeting. Such requests must be made in writing and delivered to the Executive Director of the RPC within 15 days of the date of the staff’s written determination. In making its decision, the governing board shall consider the situation assessment report, and other information which may be presented, for conformity with the criteria and intent of this chapter.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.111 Settlement Meetings

(1) Settlement meetings shall, at a minimum, be attended by the named parties’ representatives designated pursuant to subsection 29F-3.103(3), F.A.C.

(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.

(4) The parties shall submit a settlement meeting report in accordance with subsection 29F-3.115(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 and, if so inclined, proceed to a joint meeting of governing bodies pursuant to Chapter 164, F.S., litigation, administrative hearing or arbitration as appropriate.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99

Fla. Admin. Code R. 29F-3.112 Mediation

(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.

(3) The parties shall submit a mediation report in accordance with subsection 29F-3.115(4), F.A.C.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.113 Advisory Decision-Making

(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 29F-3.115(4), F.A.C.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Fla. Admin. Code R. 29F-3.114 Settlement Agreements and Reports

(1) The form of all settlements reached through this process shall be determined by the named parties. The following are examples of acceptable formats for presenting the settlement: interlocal agreements, concurrent resolutions, memoranda of understanding, plan amendments, deed restrictions.

(2) 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.

(3) 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);

(d) 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;

(e) Any additional RPC assistance requested;

(f) A written fee allocation agreement to cover the costs of agreed upon RDRP procedures. The report shall include all material any named party wishes to include.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99

Fla. Admin. Code R. 29F-3.115 Other Existing Dispute Resolution Processes

(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 a jurisdiction’s, organization’s, group’s or individual’s right to judicial or administrative determination of any issue if that 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 way does not convey or limit intervenor status or standing in any judicial or administrative proceedings.

(5) In addition to the RDRP Section 186.509, F.S., parties may consider the applicability of other resolution processes which exist within Florida Statutes including: Intergovernmental Coordination Element, Sections 163.3177(h)(1) & (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.; Termination of the Development of Regional Impact Program, Section 380.27, F.S.; Administration Procedures Act, Chapter 120, F.S.; Florida Governmental Cooperation Act, Chapter 164, F.S.; Mediation Alternatives to Judicial Action, Chapter 44, F.S.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.509 FS. History–New 12-8-99.

Chapter 29F-21 STRATEGIC REGIONAL POLICY PLAN

Fla. Admin. Code R. 29F-21.001 Strategic Regional Policy Plan

There is hereby adopted, for the east Central Florida region, the Strategic Regional Policy Plan, (East Central Florida 2060 Plan)(November 16, 2011), which is incorporated herein by reference. Copies are available at the offices of the East Central Florida Regional Planning Council at 309 Cranes Roost Blvd., Suite 2000, Altamonte Springs, Florida 32701, between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday.

History

Rulemaking Authority 186.508(1) FS. Law Implemented 120.535(1), 186.507, 186.508(1) FS. History–New 8-3-98, Amended 10-3-13.

Division 29A Emerald Coast Regional Council

Chapter 29A-1 ORGANIZATION

Fla. Admin. Code R. 29A-1.001 Name

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.

History

Rulemaking Authority 120.53(1), 186.505(2) FS. Law Implemented 120.53(1), 186.505(2) FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.002 Purpose

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.

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 163, 186, 380 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.003 Council Membership and Appointments, Term of Office, Vacancies

(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.

(2) Term of Office. Council members shall serve at the pleasure of the appointing authority.

(3) Vacancies. Any vacancy shall be filled for the unexpired term in the same manner as the initial appointment.

History

Rulemaking Authority 120.53(1), 163, 186.504 FS. Law Implemented 120.53(1), 163, 186.504 FS. History–New 5-11-87, Amended 6-20-88, 2-2-92.

Fla. Admin. Code R. 29A-1.004 Council

(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.

History

Rulemaking Authority 120.53(1), 163.01, 186.504 FS. Law Implemented 120.53(1), 163.01, 186.504 FS. History–New 5-11-87, Amended 1-9-90, 2-2-92.

Fla. Admin. Code R. 29A-1.005 Offices, Duties, Term of Office

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.

History

Rulemaking Authority 120.53(1), 186.505 FS. Law Implemented 120.53(1), 186.505 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.006 Powers

The Council has the following powers:

(1) To exercise the powers granted by Chapters 23, 163, 186 and 380, F.S.;

(2) To conduct studies of the region’s resources with respect to existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, human resources, natural resources, government, and any other matters which are relevant to regional planning;

(3) To adopt rules of procedures and by-laws, to regulate its affairs and conduct its business;

(4) To adopt an official seal;

(5) To maintain office space at such places within the region as may from time to time be required in performance of its duties;

(6) To employ and set the compensation of the executive director, who shall employ and discharge professional, technical or clerical staff as may be necessary to carry out the purposes of the Council;

(7) To authorize compensation for members of the Council for per diem, travel, and other reasonable expenses for meetings, hearings and other official business;

(8) To hold public hearings, sponsor public forums, and conduct other activities whenever deemed necessary or useful in the execution of the functions of the Council;

(9) To acquire, own, operate, maintain, lease or sell real or personal property and hold title thereto in the name of the Council;

(10) To fix and determine in accordance with applicable laws by resolution, rules and regulations relating to advertisement for bids, manner of bidding and amount below which same will not be required;

(11) To sue and be sued, implead and be impleaded, complain and defend, intervene and appeal, before all courts and administrative agencies;

(12) To accept gifts, apply for and use grants, assistance funds and bequests of money and other property from the United States, the state, local units of government, and any person for any Council purpose and to enter into agreements required in connection therewith, and to hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan or agreement relating thereto;

(13) To make and enter into all contracts and agreements, and do and perform all acts and deeds necessary or incidental to the performance of its duties and the exercise of its powers;

(14) To prescribe all terms and conditions for the employment of officers, employees, and agents including, but not limited to the fixing of pay and classification plan, benefits, and the filing or performance and fidelity bonds and such policies of insurance covering itself and employees as it may deem advisable;

(15) To participate with other government agencies, educational institutions, and private organizations in the coordination of the activities above;

(16) To determine and collect charges or fees for the provision of assistance for special services and for reviews and referrals;

(17) To select and appoint such advisory bodies as the Council may find appropriate for the conduct of its activities;

(18) To enter into contracts to provide, at cost, such services related to its responsibilities as may be requested by local governments within the region and which the Council finds feasible to perform.

History

Rulemaking Authority 120.53(1), 186.505 FS. Law Implemented 186.505 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.007 Budget and Finance

(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.

(11) Bookkeeping. It shall be the responsibility of the executive director to maintain a double-entry set of books for the Council. An annual audit shall be conducted by a firm employed by the Council.

History

Rulemaking Authority 120.53(1), 186.505 FS. Law Implemented 120.53(1), 186.505 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.008 Committees

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.

History

Rulemaking Authority 120.53(1), 186.505 FS. Law Implemented 120.53(1), 186.505 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.009 Procedure

Unless otherwise provided for herein, Roberts’ Rules of Order as revised shall rule.

History

Rulemaking Authority 120.53(1), 186.505 FS. Law Implemented 120.53(1), 186.505 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.010 Disclosure

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.

History

Rulemaking Authority 120.53(1), 163.01, 112 FS. Law Implemented 120.53(1), 163.01, 112 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.011 Amendments

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.

History

Rulemaking Authority 120.53(1), 186.505 FS. Law Implemented 120.53(1), 186.505 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.012 Withdrawal or Dissolution

(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.

History

Rulemaking Authority 120.53(1), 186.505 FS. Law Implemented 120.53(1), 186.505 FS. History–New 5-11-87.

Fla. Admin. Code R. 29A-1.013 Information Inquiries

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.

History

Rulemaking Authority 120.53(1), 186.505 FS. Law Implemented 120.53(1), 186.505 FS. History–New 5-11-87.

Chapter 29A-2 REGIONAL COMPREHENSIVE POLICY PLAN

Fla. Admin. Code R. 29A-2.001 West Florida Comprehensive Regional Policy Plan

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.

History

Specific Authority 186.508(1) FS. Law Implemented 120.53(1) FS. History–New 6-29-87, Amended 12-11-89, 9-18-91.

Chapter 29A-3 WEST FLORIDA REGIONAL DISPUTE RESOLUTION

Fla. Admin. Code R. 29A-3.001 Purpose

(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.

(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning management issues that will: clearly identify and resolve problems as early as possible; utilize the procedures in a low-to-high cost sequence; allow flexibility in the order in which the procedures are used; provide as much process certainty as possible.

(3) The RDRP may be used to resolve disputes involving: extra jurisdictional impacts as provided for in the intergovernmental coordination elements of local comprehensive plans, as required by Section 163.3177, F.S.; inconsistencies between port master plans and local comprehensive plans as required by Section 163.3178, F.S.; the siting of community residential homes as required by Section 419.001(5), F.S., and any other matters caused by statutes which reference the RDRP process.

(4) The RDRP shall not be used to address disputes involving environmental permits or other regulatory matters unless all of the parties involved agree to initiate use of the RDRP.

(5) Use of the RDRP shall not alter a jurisdiction’s organization’s, group’s or individual’s right to a judicial or administrative determination of any issue if that entity is entitled to such a determination under statutory or common law.

(6) 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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.002 Definitions

(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.

(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 record-keeping, neutral evaluation, or advisory arbitration in which a neutral party or panel listens to the facts and arguments presented by the parties and renders a non-binding advisory decision.

(6) “Jurisdiction” is any local government or regional agency, including 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 29A-3.003(1), (2) and (3), F.A.C. Being a “named party” in the RDRP does not convey or limit standing in any judicial or administrative proceeding.

(8) “Representative” is an individual who is given guidance and authority to act, to the extent possible, by a named party in a RDRP case. Subsection 29A-3.003(4), 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 29A-3.010(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 29A-3.010(3), F.A.C., specifies what must be included in a response letter.

(11) “Settlement agreements” may be voluntarily approved by the individual or governing body authorized to bind the named party. Agreements may take the form of memorandums of understanding, contracts, interlocal agreements or other form mutually agreed to by the signatory parties or as required by law. A settlement may be agreed to by some or all of the named parties.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.003 Participation

(1) Named parties shall automatically be allowed to participate. Other jurisdictions, public or private organizations, groups, or individuals, suggested by named parties in response letters or during RDRP meetings or submitting a petition to participate, may become named parties if agreed to by a two-thirds majority of the participating named parties, except as provided for in subsection 29A-3.003(2), F.A.C. Fee allocation agreements will be amended as appropriate.

(2) All initiation and response letters made in accordance with intergovernmental coordination elements (ICE) of local government comprehensive plans shall only list affected local government jurisdictions as named parties. The named parties may at the initial settlement or at subsequent RDRP meetings add public or private named parties by mutual agreement of all the current named parties.

(3) Other jurisdictions, public or private organizations, groups or individuals seeking to become named parties shall submit to the regional planning council staff a written petition to participate, including reasons for the request and information required in subsection 29A-3.010(2), F.A.C. Such jurisdictions, public or private organizations, groups, or individuals shall become named parties if agreed to by a two-thirds majority of the named parties, prior to or during RDRP meetings, except as pursuant to subsection 29A-3.003(2), F.A.C. Named parties who do not respond within 21 days of the initiation letter may not participate in the RDRP unless they submit a petition for participation.

(4) Each of the jurisdictions, organizations, groups, or individuals participating as named parties in this process shall designate a representative, in writing, or be represented by the chief executive officer. Such a representative shall have authority to act, to the maximum extent possible, and shall have responsibility for representing that party’s interest in this process and maintaining communications with that party throughout the process. Jurisdictions are encouraged to designate a representative to participate in the RDRP in advance of initiating or receiving a request.

(5) Any named party may invite individuals or organizations to attend meetings under this process who can provide information and technical assistance useful in the resolution of the dispute. The parties, by agreement, or the presiding neutral shall determine when and under what circumstances such invited parties may provide input.

(6) All communications by a named party called for in this process shall be submitted to all other named parties and the RPC staff in writing.

(7) All named parties who agree to participate in this process commit to a good faith effort to resolve problems or disputes.

(8) Any named party may withdraw from participation in the RDRP upon written notice to all other named parties and the RPC staff.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.004 Costs

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.005 Timeframes

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.006 Administrative Protocols

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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.007 Public Notice, Records, and Confidentiality

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.008 Pre-initiation Meeting

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.009 Situation Assessment

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.010 Initiation of the Process by Jurisdictions

(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.

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.011 Requests to Initiate Submitted by Others

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.012 Settlement Meetings

(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.

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.013 Mediation

(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.

(3) The parties shall submit a mediation report in accordance with subsection 29A-3.015(4), F.A.C., of this process.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.014 Advisory Decision-Making

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Fla. Admin. Code R. 29A-3.015 Settlement Agreements and Reports

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 11-13-94.

Chapter 29A-4 WEST FLORIDA STRATEGIC REGIONAL POLICY PLAN

Fla. Admin. Code R. 29A-4.001 West Florida Strategic Regional Policy Plan

The West Florida Regional Planning Council hereby incorporates by reference the West Florida Strategic Regional Policy Plan. The Plan contains six parts: A statement of purpose; an executive summary briefly describing the strategic regional subject areas and selected goals and policies; strategic regional subject areas trends and conditions statements and regional goals and policies; a coordination outline providing an overview of regional planning activities; a glossary of terms and key words; and identification of regionally significant resources including highest quality FNAI natural communities occurrences; rarest FNAI natural communities; specific locations of endangered, threatened, special concern and rare species of plants and animals; significant wildlife aggregation areas; strategic habitat conservation areas; and regionally significant facilities. Comments and recommended revisions from the Executive Office of the Governor shall be included in the West Florida Strategic Regional Policy Plan in a comment section, pursuant to subsection 186.508(1), F.S. A copy of the Plan may be obtained from the West Florida Regional Planning Council Office, 3435 North 12th Avenue, Pensacola, Florida 32593-0486.

History

Specific Authority 186.507, 186.508 FS. Law Implemented 186.507, 186.508 FS. History–New 8-27-96, Amended 10-19-97.

Division 29C North Central Florida Regional Planning Council

Chapter 29C-8 RULES OF PROCEDURE AND PRACTICE PERTAINING TO THE REGIONAL DISPUTE RESOLUTION PROCESS (RDRP)

Fla. Admin. Code R. 29C-8.001 Purpose

(1) The purpose of the 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: process initiation (initiation and response letters), and 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).

(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning and growth management issues. The process is designed to clearly identify and resolve problems as early as possible, utilize the procedures in a low-to-high cost sequence, allow flexibility in the order in which the procedures are used, provide for the involvement of affected and responsible parties, and provide as much process certainty as possible.

(3) The RDRP may be used to resolve disputes involving: extrajurisdictional impacts as provided for in the intergovernmental coordination elements of local comprehensive plans, as required by Section 163.3177, F.S.; inconsistencies between port master plans and local comprehensive plans, as required by Section 163.3178, F.S.; the siting of community residential homes, as required by Section 419.001(5), F.S.; and any other matters covered by statutes which reference the RDRP.

(4) The RDRP shall not be used to address disputes involving environmental permits or other regulatory matters unless all of the parties involved agree to initiate use of the RDRP.

(5) Use of the RDRP shall not alter a jurisdiction’s organization’s, group’s or individual’s right to a judicial determination of any issue if that entity is entitled to such a determination under statutory or common law.

(6) 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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.002 Definitions

(1) SITUATION ASSESSMENT is a procedure of information collection that may involve review of documents, interviews and an assessment meeting to identify the issues in dispute, the stakeholders, information needed before a decision can be made, or 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 a neutral party, acting as a facilitator, helps the named 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, acting as a mediator, assists named parties in a negotiation process in exploring their interests, developing and evaluating options, and reaching a mutually-acceptable agreement. 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 renders a non-binding advisory decision.

(6) JURISDICTION is any local, regional, or state government or agency, including special districts, authorities and school boards.

(7) NAMED PARTY shall be any jurisdiction, public or private organization, group or individual which (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 29C-8.003(1), (2) and (3), F.A.C. Being a “named party” in the RDRP does not convey or limit standing in any judicial or administrative proceeding.

(8) REPRESENTATIVE is an individual who is given guidance and authority to act, to the extent possible, by a named party in a RDRP case. Subsection 29C-8.003(4), 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 29C-8.010(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 29C-8.010(3), F.A.C., specifies what must be included in a response letter.

(11) SETTLEMENT AGREEMENTS may be voluntarily approved by the individual or governing body authorized to bind the named party. Agreements may take the form of memorandums of understanding, contracts, interlocal agreements or other form mutually agreed to by the signatory parties or as required by law. A settlement may be agreed to by some or all of the named parties.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.003 Participation

(1) Named parties shall automatically be allowed to participate. Other jurisdictions, public or private organizations, groups, or individuals suggested by named parties in response letters or during RDRP meetings or submitting a petition to participate, shall be allowed to become named parties if agreed to by a two-thirds majority of the participating named parties, except as provided for in subsection 29C-8.003(2), F.A.C. Fee allocation agreements may be amended as appropriate.

(2) All initiation and response letters made in accordance with intergovernmental coordination elements (ICE) of local government comprehensive plans shall only list affected local government jurisdictions as named parties. The named parties may, at the initial settlement or at subsequent RDRP meetings, add public or private named parties by mutual agreement of all the current named parties.

(3) Other jurisdictions, public or private organizations, groups or individuals seeking to become named parties shall submit to the North Central Florida Regional Planning Council (Council) a written petition to participate, including reasons for the request and information required in subsection 29C-8.010(2), F.A.C. Such jurisdictions, public or private organizations, groups, or individuals shall become named parties if agreed to by a two-thirds majority of the named parties prior to or during RDRP meetings, except as provided by subsection 29C-8.003(2), F.A.C. Named parties who do not respond within thirty days of the initiation letter may not participate in the RDRP unless they submit a petition for participation.

(4) Each of the jurisdictions, organizations, groups, or individuals participating as named parties in this process shall designate a representative, in writing, or be represented by the chief administrative officer. Such a representative shall have responsibility for representing that party’s interest in this process and for maintaining communications with that party throughout the process and, to the extent possible, shall have the authority to act for that party. Jurisdictions are encouraged to designate a representative to participate in the RDRP in advance of initiating or receiving a request.

(5) Any named or neutral party may invite individuals or organizations to attend meetings under this process who (which) can provide information and technical assistance useful in the resolution of the dispute. The parties, by agreement, or the presiding neutral shall determine when and under what circumstances such invited parties may provide input.

(6) All communications by a named party called for in this process shall be submitted to all other named parties and the Council in writing.

(7) All named parties who agree to participate in this process commit to a good faith effort to resolve problems or disputes.

(8) Any named party may withdraw from participation in the RDRP upon written notice to all other named parties and the Council.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.004 Costs

(1) There shall be no charge for processing a RDRP initiation request and facilitation 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 based on reasonable actual costs. 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 named parties or according to another agreed upon allocation. The agreed upon cost allocation shall be documented in a written fee agreement.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.005 Timeframes

(1) The initial settlement meeting shall be scheduled and held within forty-five 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 sixty days of the date of the conclusion of the initial settlement meeting.

(3) All timeframes specified or agreed to in this process may be shortened or extended if agreed to by a two-thirds majority 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 defer or seek stays of judicial or administrative proceedings.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.006 Administrative Protocols

The Council may adopt administrative procedures 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 should be adopted as rules.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.007 Public Notice, Records, and Confidentiality

(1) Named parties should provide appropriate opportunities for public input at each step in this process, such as submitting written or oral 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) Parties utilizing these procedures agree that no comments, meeting records, or written or oral offers of settlement shall be presented by them as evidence in any subsequent judicial or administrative action.

(4) To the extent permitted by law, mediation under this process will be governed by the confidentiality provisions of applicable laws, which may include Chapter 44, F.S.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.008 Pre-initiation Meeting

A jurisdiction, organization, group, or individual contemplating initiation of this process must request an informal pre-initiation meeting with the Council staff in order to ascertain whether the potential dispute would be appropriate for this process.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.009 Situation Assessment

(1) A jurisdiction, organization, group, or individual may request that the Council (or other entity if the Council is one of the named parties) 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 should participate, appropriate resolution procedures, and a proposed schedule.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.010 Formal Initiation of the Process by Jurisdictions

(1) A formal 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 29C-8.003(1) and (2), F.A.C., and to the Council. The initiation letter must be accompanied by a resolution of the governing body authorizing the specific initiation or by a letter which authorizes its designated representative as defined in this rule to initiate requests utilizing the RDRP.

(2) Such an initiation letter shall identify the following: the issues to be discussed; the 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 Council and all other named parties confirming their willingness to participate in a settlement meeting within thirty days of receipt of the initiation letter. 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 description of the situation from the respondent’s point of view.

(4) Upon receipt of an initiation letter, the Council shall assess its interest in the case. If the Council 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 Council may not initiate the RDRP but 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 Council shall schedule a settlement meeting within thirty days of the date of receipt of the initiation request.

(7) In the event that a dispute affects jurisdictions involving two or more regions, the process adopted by the region of the initiating jurisdiction shall govern, unless the named parties agree otherwise.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.011 Requests to Initiate Process Submitted by Others

(1) Private interests may request any jurisdiction to initiate the process.

(2) Any public or private organization, group, or individual may request that the Council recommend use of this process to address a potential dispute in accordance with subsection 29C-8.010(5), F.A.C. Such a request shall be submitted in writing and shall include the information required for an initiation letter as outlined in subsection 29C-8.010(2), F.A.C.

(3) After reviewing the rationale submitted by and consulting with the requesting organization, group, or individual, the Council will conduct a situation assessment and respond in writing.

(4) If the Council determines that the potential dispute is suitable for the process, it shall transmit that determination in writing to the potential parties. The determination may include a recommendation that one or more of the jurisdictions among the potential parties initiate the procedure. The Council may also suggest that other, resolution processes be considered.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.012 Settlement Meetings

(1) Settlement meetings shall, at a minimum, be attended by the named parties’ representatives designated pursuant to subsection 29C-8.003(4), F.A.C.

(2) Settlement meetings may be facilitated by a Council staff member or other neutral facilitator acceptable to the named parties and shall be held at a time and place acceptable to the named parties.

(3) At the settlement meeting, the named 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 named parties shall submit a settlement meeting report in accordance with subsection 29C-8.015(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 named 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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.013 Mediation

(1) If two or more of the named parties submit a request for mediation to the Council, the Council shall assist them in selecting and retaining a mediator or the named parties may request that the Council 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. Named 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) Named parties shall submit a mediation report in accordance with subsection 29C-8.015(4), F.A.C., at the conclusion of advisory decision-making.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.014 Advisory Decision-making

(1) If two or more of the named parties submit a request for advisory decision-making to the Council, the Council shall assist the named parties in selecting and retaining an appropriate neutral party or the named parties may request that the Council make the selection.

(2) All disputes shall be handled by a neutral party who understands Florida growth management issues, has appropriate experience and is acceptable to the named parties.

(3) The named parties shall submit an advisory decision-making report in accordance with subsection 29C-8.015(4), F.A.C., of this process.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.015 Settlement Agreements and Reports

(2) Agreements signed by designated representatives may be in the form of recommendations to the named parties 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 Council 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 informal negotiations, additional settlement meetings, mediation, advisory decision-making, joint meetings of elected bodies, administrative hearings or litigation;

(d) Any additional Council assistance requested;

(e) A written fee allocation agreement to cover the costs of 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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Fla. Admin. Code R. 29C-8.016 Other Dispute Resolution Processes

(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 a jurisdiction’s, organization’s, group’s or individual’s right to a judicial or administrative determination of any issue if that 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 way does not convey or limit intervenor status or standing in any judicial or administrative proceedings.

(5) Other resolution processes that the parties may wish to consider utilizing which exist within Florida Statutes include the following: Intergovernmental Coordination Element, Section 163.3177(h)1. & 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.; Termination of the Development of Regional Impact Program, Section 380.27, F.S.; Administrative Procedures Act, Chapter 120 F.S.; Florida Governmental Cooperation Act, Chapter 164, F.S.; Mediation Alternatives to Judicial Action, Chapter 44, F.S.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-12-94.

Chapter 29C-9 NORTH CENTRAL FLORIDA STRATEGIC REGIONAL POLICY PLAN

Fla. Admin. Code R. 29C-9.001 Strategic Regional Policy Plan

There is hereby adopted, for the North Central Florida Region, the Strategic Regional Policy Plan of the North Central Florida Regional Planning Council Council http://www.flrules.org/Gateway/reference.asp?No=Ref-10009 and http://www.flrules.org/Gateway/reference.asp?No=Ref-10010 dated May 23, 1996, amended August 28, 1997, February 27, 2003, October 27, 2011, August 23, 2018, which is incorporated herein by reference and made part of this rule. Copies of the publication may be obtained from the Council’s web site at http://www.ncfrpc.org/publications.html.

History

Rulemaking Authority 186.508(1), 186.511 FS. Law Implemented 120.535(1), 120.54, 186.507, 186.508(1), 186.511 FS. History–New 7-14-96, Amended 10-16-97, 4-28-03, 1-5-12, 11-7-18.

Division 29D Northeast Florida Regional Planning Council

Chapter 29D-1 ORGANIZATION, PURPOSE AND OPERATION

Fla. Admin. Code R. 29D-1.001 Organization

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.01, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.002 Purpose

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01, 163.3184(3), 380.05, 380.06, 23.012 FS. History–New 2-14-78, Formerly 29D-1.02, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.003 Definitions

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.03, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.004 Membership, Voting and Term of Office

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.04, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.005 Vacancies

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.05, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.006 Removal From Office

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.06, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.007 Officers, Term of Office and Duties

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.07, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.008 Meetings

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01, 119.01, 286.01 FS. History–New 2-14-78, Formerly 29D-1.08, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.009 Finances

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.09, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.010 Powers

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01, 163.3184(3), 380.05, 380.06, 23.012 FS. History–New 2-14-78, Formerly 29D-1.10, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.011 Staff

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.11, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.012 Special, Ad Hoc or Advisory Committees

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.12, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.013 Special Studies and Activities

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.13, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.014 Procedure

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.14, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.015 Withdrawal and Dissolution

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.15, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.016 Compensation and Expenses of Members

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01, 112.061 FS. History–New 2-14-78, Formerly 29D-1.16, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.017 Amendments

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.17, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.018 Adoption

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.18, Repealed 7-4-19.

Fla. Admin. Code R. 29D-1.019 Information Request

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 110.01, 120.53(1), 163.01 FS. History–New 2-14-78, Formerly 29D-1.19, Repealed 7-4-19.

Chapter 29D-2 REVIEW PROCEDURES AND POLICY

Fla. Admin. Code R. 29D-2.001 A-95 Review

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 12-6-77, Formerly 29D-2.01, Repealed 7-4-19.

Chapter 29D-3 DEVELOPMENTS OF REGIONAL IMPACT

Fla. Admin. Code R. 29D-3.0001 Development of Regional Impact (DRI), Review Process

History

Rulemaking Authority 120.53(1), 160.01, 160.02, 160.02(5), 160.05, 380.06 FS. Law Implemented 120.53(1), 160.01, 160.02, 160.02(5), 160.05, 380.06 FS. History–New 9-3-81, Formerly 29D-3.001, Repealed 7-4-19.

Fla. Admin. Code R. 29D-3.0004 DRI Monitoring

History

Rulemaking Authority 120.53(1), 160.01, 160.02, 160.02(5), 160.05, 380.06 FS. Law Implemented 120.53(1), 160.01, 160.02, 160.02(5), 160.05, 380.06 FS. History–New 9-3-81, Formerly 29D-3.004, Repealed 7-4-19.

Chapter 29D-5 LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW

Fla. Admin. Code R. 29D-5.101 Definitions

History

Rulemaking Authority 120.53(1)(a), 186.505(12), 163.01(4), (5) FS. Law Implemented 120.53(1)(a), 186.505 FS. History–New 11-10-91, Repealed 7-4-19.

Fla. Admin. Code R. 29D-5.201 Local Government Comprehensive Plan Amendment Initial Review

History

Rulemaking Authority 120.53(1)(a), 186.505(12), 163.01(4), (5) FS. Law Implemented 120.53(1)(a), 186.505 FS. History–New 11-10-91, Repealed 7-4-19.

Fla. Admin. Code R. 29D-5.202 Local Government Comprehensive Plan Amendment Initial Review Fee

History

Rulemaking Authority 120.53(1)(a), 186.505(12), 163.01(4), (5) FS. Law Implemented 120.53(1)(a), 186.505 FS. History–New 11-10-91, Repealed 7-4-19.

Fla. Admin. Code R. 29D-5.203 Initial Review Fee Deposit

History

Rulemaking Authority 120.53(1)(a), 186.505(12), 163.01(4), (5) FS. Law Implemented 120.53(1)(a), 186.505 FS. History–New 11-10-91, Repealed 7-4-19.

Fla. Admin. Code R. 29D-5.301 Local Government Comprehensive Plan Amendment Review

History

Rulemaking Authority 120.53(1)(a), 186.505(12), 163.01(4), (5) FS. Law Implemented 120.53(1)(a), 186.505 FS. History–New 11-10-91, Repealed 7-4-19.

Fla. Admin. Code R. 29D-5.302 Local Government Comprehensive Plan Amendment Review Fee

History

Rulemaking Authority 120.53(1)(a), 186.505(12), 163.01(4), (5) FS. Law Implemented 120.53(1)(a), 186.505 FS. History–New 11-10-91, Repealed 7-4-19.

Fla. Admin. Code R. 29D-5.303 Amendment Review Fees

History

Rulemaking Authority 120.53(1)(a), 186.505(12), 163.01(4), (5) FS. Law Implemented 120.53(1)(a), 186.505 FS. History–New 11-10-91, Repealed 7-4-19.

Chapter 29D-6 REGIONAL DISPUTE RESOLUTION

Fla. Admin. Code R. 29D-6.001 Purpose

(1) In recognition of the Northeast Florida Regional Planning Council’s (NEFRPC) role in facilitating intergovernmental problem solving, a voluntary regional dispute resolution process (RDRP) is hereby established to reconcile differences on planning, growth management, disputes arising from the intergovernmental review required by local government intergovernmental coordination element, or inconsistencies between port master plans and local government comprehensive plan, and other issues among local governments, regional agencies and private interests. Components of the RDRP consists of: process initiation; situation assessment; settlement meetings, mediation or advisory decision making; and settlement agreements.

(2) Use of this process shall not alter a jurisdiction’s, organization’s, group’s or individual’s right to judicial or administrative determination of any issue if that entity is entitled to such a determination under statutory or common law.

(3) Participation in the RDRP as a named party or in any other way does not convey or limit intervenor status or standing in any judicial or administrative proceedings.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.002 Definitions

(1) Situation Assessment – is a procedure of information collection that may involve review of documents, interviews and/or assessment meetings leading to a written and/or verbal report(s) identifying: the issues in the dispute; the stakeholders; information needed before a decision can be made; and a recommendation on the best dispute resolution procedures.

(2) Pre-initiation meetings – are opportunities for a party to discuss the suitability to the RDRP with the RPC staff for resolving their dispute before formally initiating the RDRP.

(3) Facilitation – is a procedure in which a 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 third 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 fact finding, neutral evaluation, and/or advisory arbitration in which a neutral party or panel listens to the facts and arguments presented by the parties and renders a non-binding advisory decision.

(6) Jurisdiction – is any local government or regional agency.

(7) Named Party(ies) – 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 29D-6.003(1), (2) and (3), F.A.C. Being a named party in the RDRP does not convey or limit standing in any judicial or administrative proceeding.

(8) Representative – is an individual who is given guidance and authority to act, to the extent possible; by a named party in a RDRP case. This individual shall be designated by the process set forth pursuant to Rule 29D-6.003, F.A.C.

(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 29D-6.010, F.A.C., specifies what is required in an initiation letter.

(10) Response Letter – is a letter which formally notifies the initiator, the Northeast Florida Regional Planning Council, 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 29D-6.010(3), F.A.C., specifies what must be included in a response letter.

(11) Settlement Agreement – may be voluntarily approved by the individual or governing body authorized to bind the named party. Agreements may take the form of memorandums of understanding, contracts, interlocal agreements or other for 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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.003 Participation

(1) Named parties shall automatically be allowed to participate in the RDRP. Other jurisdictions, public or private organizations, groups, or individuals suggested by a named party in response letters or during RDRP meetings or submitting a petition to participate, may become named parties if agreed to by two-thirds majority of the named parties, except as provided in subsection 29D-6.003(2), F.A.C.

(2) All initiation and response letters made in accordance with intergovernmental coordination elements (ICE) of local government comprehensive plans; or involving consistency between port master plans and local comprehensive plans shall only list affected jurisdictions as named parties. The named parties may at the initial settlement or subsequent RDRP meetings add public or private named parties by mutual agreement of all the current named parties.

(3) Other jurisdictions, public or private organizations, groups or individuals seeking to become a named party shall submit to the Northeast Florida Regional Planning Council staff a written petition to participate, including reasons for the request and information required in subsection 29D-6.010(2), F.A.C. Such jurisdictions, public or private organizations, groups, or individuals shall become named parties if agreed to by a two-thirds majority of the named parties, prior to or during RDRP meetings; except as pursuant to subsection 29D-6.003(2), F.A.C. Named parties who do not respond within 10 calendar days of the initiation letter may not participate in the RDRP unless they submit a petition to participate.

(4) Each named party shall designate a representative in writing, or be represented by the chief executive officer. Jurisdictions are encouraged to designate a representative to participate in the RDRP in advance of initiating or receiving a request.

(6) All communications by a named party called for in this process shall be submitted to all other named parties and the NEFRPC staff in writing.

(7) All named parties who agree to participate in this process commit to a good faith effort to resolve problems or disputes.

(8) Any named party may withdraw from participation in the RDRP upon written notice to all other parties and the Northeast Florida Regional Planning Council staff.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.004 Cost

(1) The Northeast Florida Regional Planning Council shall be reimbursed for actual costs, both direct and indirect, associated with the implementation of this process.

(2) The costs of administration, situation assessment, settlement meetings, mediation or advisory arbitration shall be split equally between the parties or according to other agreed upon allocation.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.005 Timeframes

(1) The initial settlement meeting shall be scheduled and held within 30 days of the date 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 conclusion of the initial settlement meeting.

(3) Where necessary to allow this process to be effectively carried out, named parties should address deferring or seeking stays of judicial or administrative proceedings.

(4) All timeframes specified in this rule may be shortened or extended by mutual agreement of the named parties.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.006 Administrative Protocols

(1) 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.

(2) 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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.007 Public Notice Records and Confidentiality

(1) Applicable public notice and public records requirements shall be observed as required by Chapters 119, 120, 286 or other Florida Statutes.

(2) Participants in this process agree by their participation that no comments, meeting records, or written or verbal offers of settlement shall be entered by them as evidence in subsequent judicial or administrative action.

(3) To the extent permitted by law, mediation under this process will be governed by the confidentiality provisions of Chapter 44.302(2), F.S.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.008 Pre-Initiation Meeting

A jurisdiction, organization, group, or individual contemplating initiation of this process may request an informal pre-initiation meeting with Council staff in order to ascertain whether the potential dispute would be appropriate for this process.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.009 Situation Assessment

(1) A jurisdiction, organization, group, or individual may request that the RPC staff or other neutral party 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/or assessement meetings, and shall recommend issues to be addressed, parties that may participate, appropriate resolution procedures and a proposed schedule.

(3) The situation assessment is intended to examine the nature of the dispute; identify affected and potential parties; and assist the parties to evaluate appropriate dispute resolution procedures.

(4) The situation assessment shall be performed by Council staff, unless the Council is a named party. In those cases where the Council is a named party, the situation assessment will be performed by a neutral agreeable to all the named parties.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.010 Initiation of the Procedure

(1) This process is initiated by an initiation letter from the representative of the governing body of a jurisdiction to the named parties involved in the dispute and to the NEFRPC 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 issue to be discussed; named parties to be involved in the dispute resolution process; the initiating party’s representatives and others who will attend, and a brief history of the dispute indicating why it is appropriate for this process.

(3) Private interests may ask any jurisdiction to initiate the process.

(4) Named parties shall send a response letter to the NEFRPC staff, and all other parties confirming their willingness to participate in a settlement meeting within ten 10 calendar days of receipt of the initiation letter. 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 description of the situation from the respondent’s point of view.

(5) Upon receipt of a request the NEFRPC shall assess its interest in the case. If the NEFRPC 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.

(6) The NEFRPC 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.

(7) The NEFRPC staff shall schedule a meeting at the most convenient time within thirty (30) days of the date of the initiation request.

(8) Any dispute which arise from the intergovernmental review required by local government intergovernmental coordination element, or from inconsistencies between port master plans and local government comprehensive plan shall automatically be accepted for dispute resolution by the NEFRPC.

(9) 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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.011 Settlement Meetings

(1) Settlement meetings shall, at a minimum, be attended by the named parties’ representatives designated pursuant to subsection 29D-6.003(3), F.A.C.

(2) Settlement meetings may be facilitated by a NEFRPC 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 29D-6.015(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, administrative hearing or arbitration, as appropriate.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.012 Mediation

(1) If two or more of the named parties submit a request for mediation to the NEFRPC staff, the NEFRPC shall assist them to select and retain a mediator or the named parties may request that the NEFRPC 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 shall consider but not be limited to 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 29D-6.015(4), F.A.C., of this process.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.013 Advisory Decision-Making

(1) If two or more named parties submit a request for advisory decision making to the NEFRPC the NEFRPC shall assist the parties to select and retain an appropriate neutral or the parties may request the NEFRPC 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 29D-6.015(4), F.A.C., of this process at the conclusion.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.014 Settlement Agreements and Reports

(2) Agreements signed by designated representatives shall be in the form of recommendations to formal bodies and subject to their formal approval.

(3) Agreements may be reached by two or more named parties even if all of the named parties do not agree or do not sign a formal agreement if the agreement does not effect the rights of the other named parties that do not sign the agreement.

(4) After settlement meetings, mediation, or advisory decision making under this process, the named parties shall submit a joint report to the NEFRPC staff which shall, at a minimum, include:

(a) Identification of the issues discussed and indicating which were resolved;

(b) A list of potentially affected or involved jurisdictions, organizations, groups, or individuals (including those which may not be named parties);

(d) 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, and;

(e) Any additional NEFRPC assistance requested.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Fla. Admin. Code R. 29D-6.015 Other Dispute Resolution Processes

(1) In addition to the RDRP under Section 186.509, Florida Statutes, parties may consider the applicability of other resolution processes within Florida Statutes, including: Intergovernmental Coordination Element, Section 163.3177(6)(h)(1) & (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 380.27, F.S.; Administrative Procedures Act, Chapter 120, F.S.; Florida Governmental Cooperation Act, Chapter 164, F.S.; Mediation Alternatives to Judicial Action, Chapter 44, F.S.

(2) When appropriate, parties may obtain a stay of judicial or administrative proceedings to provide time for RDRP negotiations.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 7-5-94.

Chapter 29D-7 STRATEGIC REGIONAL POLICY PLAN

Fla. Admin. Code R. 29D-7.001 Strategic Regional Policy Plan

There is hereby adopted for the Northeast Florida Region, the Northeast Florida 2025 Strategic Regional Policy Plan (SRPP), dated February 5, 2026, which is incorporated herein by reference http://flrules.org/Gateway/reference.asp?No=Ref-19471, copies of which are available at the Council office at 40 East Adams Street, Suite 320, Jacksonville, FL 32202. The reference document which is the subject of this proposed rulemaking notice is available free of charge at https://nefrc.org/srpp.

History

Rulemaking Authority 120.54, 186.507, 186.508, 186.511 FS. Law Implemented 120.54, 186.507, 186.508, 186.511 FS. History–New 9-18-97, Amended 1-16-14, 3-29-21, 7-6-26

Division 29J South Florida Regional Planning Council

Chapter 29J-2 PRACTICE AND PROCEDURE

Fla. Admin. Code R. 29J-2.001 General

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.

History

Rulemaking Authority 120.54, 163.01, 186.501 FS. Law Implemented 120.54, 163.01(5)(h), 186.505 FS. History–New 8-6-75, Formerly 29J-2.01, Amended 3-9-99.

Fla. Admin. Code R. 29J-2.002 Meetings, Hearings and Workshops

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-6-75, Formerly 29J-2.02, Amended 1-9-23.

Fla. Admin. Code R. 29J-2.003 Developments of Regional Impact (DRI)

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.).

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–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.

Fla. Admin. Code R. 29J-2.004 Intergovernmental Coordination and Review Procedures

(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.

(3) When evaluating the project or program, comments by the South Florida Regional Planning Council are to include information about:

(a) The extent to which the project is consistent with comprehensive planning for the area.

(b) The extent to which the project duplicates or needs to be coordinated with other projects or programs.

(d) The extent to which the project meets areawide objectives relating to natural and human resources, and economic and community development.

(e) The extent to which the project impacts the natural environment.

(f) The project impact on balanced patterns of settlement and the delivery of services to all sectors of the area population, including minority groups.

(4) The authority of the Council to take appropriate action on applications is hereby delegated to the Executive Director, in the following manner:

(a) Application is determined by staff not to be of regional interest, the Executive Director shall so comment to the appropriate Federal agency on behalf of the Council.

(b) When an application is determined to be of regional interest but which is either consistent with or not inconsistent with regional plans or policies, completed or in progress, or which is modified during the review period to be so classified, the Executive Director shall so comment to the appropriate Federal agency on behalf of the Council.

(c) When an application is determined to be inconsistent with regional plans or policies, completed or in progress, and it is recommended by staff to receive adverse comment, the Executive Director shall submit the application and recommended adverse comments to the Council for its consideration and action.

(5) The Executive Director shall provide a monthly report to the Council indicating the status of all applications currently being reviewed by the Council’s staff.

History

Rulemaking Authority 120.54, 163.01, 186.505 FS. Law Implemented 120.54, 163.01, 186.505 FS. History–New 8-6-75, Formerly 29J-2.04, Amended 3-9-99.

Fla. Admin. Code R. 29J-2.005 Rule Making Proceeding

History

Rulemaking Authority 120.54, 160.01, 186.501 FS. Law Implemented 120.54(1), 163.01(5)(h), 186.505 FS. History–New 7-4-76, Formerly 29J-2.05, Repealed 6-12-02.

Fla. Admin. Code R. 29J-2.006 Declaratory Statements

History

Rulemaking Authority 120.54, 160.01, 186.501 FS. Law Implemented 120.54(1), 163.01(5)(h), 186.505 FS. History–New 7-4-76, Formerly 29J-2.06, Repealed 6-12-02.

Fla. Admin. Code R. 29J-2.007 Regional Plan for South Florida

History

Rulemaking Authority 120.54, 186.505, 186.511 FS. Law Implemented 120.54, 186.505, 186.508, 186.511 FS. History–New 6-9-87, Amended 8-14-91, Repealed 8-13-95.

Fla. Admin. Code R. 29J-2.008 Conflict Mediation Process

History

Rulemaking Authority 120.54, 186.505 FS. Law Implemented 120.54, 186.505, 186.509 FS. History–New 8-4-88, Repealed 10-10-94.

Fla. Admin. Code R. 29J-2.009 Strategic Regional Policy Plan for South Florida

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.

History

Rulemaking Authority 186.507 FS. Law Implemented 186.507, 186.508 FS., Chapter 93-206, Laws of Florida. History–New 8-13-95, Amended 12-26-96, 7-12-04.

Fla. Admin. Code R. 29J-2.0045 Comprehensive Regional Policy Plan

History

Rulemaking Authority 120.54, 160.07, 186.505 FS. Law Implemented 120.54, 160.07, 186.505 FS. History–New 8-18-82, Amended 2-6-84, Formerly 29J-2.045, Amended 8-6-86, Repealed 5-24-88.

Chapter 29J-3 REGIONAL DISPUTE RESOLUTION PROCESS

Fla. Admin. Code R. 29J-3.001 Purpose

(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).

(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning and growth management issues that will: clearly identify and resolve problems as early as possible; utilize the procedures in a low-to-high cost sequence; allow flexibility in the order in which the procedures are used; provide for the appropriate involvement of affected and responsible parties; and provide as much process certainty as possible.

(3) Use of the RDRP shall not alter a jurisdiction’s, organization’s, group’s, or individual’s right to a judicial or administrative determination of any issue if that entity 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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Amended 1-9-23, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.002 Definitions

(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 SFRPC 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 fact-finding, neutral evaluation, or advisory arbitration in which a neutral party or panel listens to the facts and arguments presented by the parties and renders a non-binding advisory decision.

(6) Jurisdiction is any local government or regional agency, including 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 subsection 29J-3.003(1), (2) and (3), F.A.C. Being a named party in the RDRP does not convey or limit standing in any judicial or administrative proceeding.

(8) Representative is an individual who is given guidance and authority to act, to the extent possible, by a named party to represent them in a RDRP case. subsection 29J-3.003(4), 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 29J-3.010(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 29J-3.010(3), F.A.C., specifies what must be included in a response letter.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.003 Participation

(1) Named parties shall automatically be allowed to participate. Other jurisdictions, public or private organizations, groups, or individuals suggested by named parties in response letters or during RDRP meetings or by submitting a petition to participate shall become named parties if agreed to by a two-thirds majority of the named parties except as provided for in subsection 29J-3.003(2), F.A.C. Fee allocation agreements will be amended as appropriate.

(3) Other jurisdictions, public or private organizations, groups or individuals seeking to become named parties shall submit to the South Florida Regional Planning Council (SFRPC) staff a written petition to participate, including reasons for the request and information required in subsection 29J-3.010(2), F.A.C. Such jurisdictions, public or private organizations, groups, or individuals shall become named parties if agreed to by a two-thirds majority of the named parties, prior to or during RDRP meetings, except as pursuant to subsection 29J-3.003(2), F.A.C. Named parties who do not respond within 21 days of the initiation letter may not participate in the RDRP unless they submit a petition for participation.

(4) Each of the jurisdictions, organizations, groups, or individuals participating as named parties in this process shall designate a representative, in writing, or be represented by the chief executive officer. Such a representative shall have authority to act, to the maximum extent possible, and shall have the responsibility for representing that party’s interest in this process and maintaining communications with that party throughout the process. Jurisdictions are encouraged to designate a representative to participate in the RDRP in advance of initiating or receiving a request.

(6) All communications by a named party called for in this process shall be submitted to all other named parties and the SFRPC staff in writing.

(7) All named parties who agree to participate in this process commit to a good faith effort to resolve problems or disputes.

(8) Any named party may withdraw from participation in the RDRP upon written notice to all other named parties and the SFRPC staff.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.004 Costs

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.005 Timeframes

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.006 Administrative Protocols

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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.007 Public Notice, Records, and Confidentiality

(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.

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.008 Pre-initiation Meeting

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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.009 Situation Assessment

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.010 Initiation of the Process by Jurisdictions

(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.

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.011 Requests to Initiate Submitted by Others

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.012 Settlement Meetings

(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.

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.013 Mediation

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Amended 1-9-23, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.014 Advisory Decision-making

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Fla. Admin. Code R. 29J-3.015 Settlement Agreements and Reports

(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.

History

Specific Authority 186.509 FS. Law Implemented 186.509 FS. History–New 8-17-94, Reviewed 8-11-26.

Division 29I Southwest Florida Regional Planning Council

Chapter 29I-1 ORGANIZATION, PURPOSE AND OPERATIONS

Fla. Admin. Code R. 29I-1.001 Name and Scope

The name of this agency is the Southwest Florida Regional Planning Council (SWFRPC, or “Council”), a voluntary association of counties and cities formed as of November 8, 1973, under the laws of Florida and comprising the 9th Comprehensive Regional Planning District as provided for by the Florida Statutes.

History

Rulemaking Authority 186.502, 186.504(6), 186.505(2) FS. Law Implemented 186.504 FS. History–New 2-9-76, Formerly 29I-1.01, Amended 5-14-09.

Fla. Admin. Code R. 29I-1.002 Purpose

(1) Purpose. The purposes of the Southwest Florida Regional Planning Council shall be:

(a) To provide a means to permit local governmental units to make the most efficient use of their powers to cooperate for mutual advantages in order to provide services and facilities that will accord best with geographic, economic, social, land use, transportation, public safety resources and other factors influencing the needs and development of local communities within Planning District No. 9;

(b) To serve as a regional coordinator for the local governmental units comprising the planning district;

(d) To promote communication between the local governments for the conservation and compatible development of the Southwest Region;

(e) To cooperate with Federal, State and local government and non-government agencies to accomplish regional objectives; and

(f) To do all things authorized for a Regional Planning Agency under Chapters 163, 186 and 380, F.S., and other applicable Florida, Federal and Local Laws, rules and regulations.

(2) Mission. It is the mission of the Council:

To work together across neighboring communities to consistently protect and improve the unique and relatively unspoiled character of the physical, economic and social worlds we share for the benefit of our future generations.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 186.502 FS. History–New 2-9-76, Amended 7-18-82, Formerly 29I-1.02, Amended 5-7-92, 5-14-09.

Fla. Admin. Code R. 29I-1.003 Staff Functions; General Description

The Council shall appoint an Executive Director who shall have the responsibility for the general management of the affairs of the Council, subject to the governing laws of the State and such regulations as may be adopted by the Council.

(1) The Executive Director shall annually prepare a budget for the Council and transmit the Council’s budget request to the member governmental units.

(2) The Executive Director shall be responsible for the general management of the Council’s office, for assisting the Secretary of the Council in the recording and maintenance of Council minutes and other documents of record, for any moneys received on behalf of the Council, for the keeping of financial statements in such form and in accordance with such procedures as shall be required by the Treasurer.

(3) The Executive Director may appoint and discharge any employee or subordinates in accordance with the policies of the Council and applicable Federal and Florida Statutes and regulations, and shall fix compensation within such limits as may be provided by the approved Council budget.

(4) The Executive Director may make agreements on behalf of the Council in performing the duties entrusted to him/her and shall attest all necessary instruments.

History

Rulemaking Authority 186.505(1), 186.505(4) FS. Law Implemented 186.505 FS. History–New 2-9-76, Formerly 29I-1.03, Amended 5-7-92, 5-14-09.

Fla. Admin. Code R. 29I-1.004 Council Membership and Appointments, Term of Service, Vacancies, Removal from Office

(1) Membership and Appointments.

(a) The Council shall include the Counties of Charlotte, Collier, Glades, Hendry, Lee and Sarasota, each of which shall be represented on the Council by two voting representatives appointed by their respective Board of County Commissioners.

(b) All municipalities within each county shall select one representative of one of the municipalities within the county who will be a voting representative.

(c) Further, each city has the option to be a member local government and to appoint one representative from the city’s governing board; cities taking this option shall not participate in the process in paragraph (b) above.

(d) The representative(s) to the Council from each member local government shall be the elected chief representative of said local government or a member of its governing body chosen by such body to be its representative.

(e) Changes in membership provisions shall require a two thirds vote of the members.

(2) Terms of Service.

(a) Council members shall serve, and may be reappointed, at the pleasure of the appointing authority for terms not to exceed 3 years.

(b) Member governments may appoint alternate representative(s) to the Council. Alternate representative(s) shall be the chief elected official of said local government or a member of its governing body chosen by such body to be its alternate representative.

(3) Vacancies.

Any vacancy shall be filled for the unexpired term in the same manner as the initial appointment.

(4) Removal from Service.

Should a Council member have three consecutive unexplained absences from regular Council meetings, the Council shall so advise the appropriate appointing authority and request another appointment. Voting representatives will continue to occupy their offices until the Council is notified in writing of their replacement.

History

Rulemaking Authority 186.502, 186.505(1) FS. Law Implemented 186.504 FS. History–New 2-9-76, Amended 2-20-77, 7-18-82, Formerly 29I-1.04, Amended 5-4-88, 3-1-95, 5-14-09.

Fla. Admin. Code R. 29I-1.005 Officers, Term, Duties, Committees

(1) The regular January monthly meeting shall include electing from the regular membership officers with duties as follows:

(a) Chair – The Chair shall be the Chief Executive Officer, responsible for executing contracts for the Council, for overseeing the organization of the work of the Council, for seeing that all policy decisions of the Council are carried out, and for such other executive level functions as the Council shall assign. Except as provided for elsewhere, the Chair shall serve as a non-voting member of each advisory committee.

(b) Vice-Chair – The Vice-Chair shall act for the Chair in his/her absence, or in the event of the Chair’s inability to act, perform all the functions of the Chair.

(c) Secretary – The Secretary shall conduct the correspondence of the Council, keep and distribute the minutes of the meetings, be custodian of the records and seal, keep the roll of all members, and discharge such other duties as may be assigned by the Chair or the members. The Executive Director shall serve as deputy to the Secretary.

(d) Treasurer – The Treasurer shall supervise the financial affairs of the Council, including recommending designation of checking and savings account depositories, and perform such other duties as usually pertain to that office. Except as provided for elsewhere, each negotiable check or warrant shall bear the signature of the Treasurer.

(2) Each officer so elected shall serve one (1) year or until re-elected or a successor is elected.

(3) A Nominating Committee comprised of at least three (3) Council members, each from a different County shall be appointed by the Chair at the regular December meeting of the Council for the purpose of proposing candidates for all offices for the following year. Additional nominations may be made by any Council member at the January monthly meeting. Newly elected officers shall be declared to be installed following their election at the January monthly meeting and shall assume the duties of office upon adjournment of said meeting.

(4) Standing and Special Committees.

The Council is empowered to designate and appoint standing committees, study groups, boards, and consultants consisting of members or non-members as the Council determines are essential or desirable to carry out its policies and objectives. The Council is empowered to direct the Executive Director to assign staff to support such standing committees, study groups, boards and consultants to carry out the Council’s policies and objectives. The Chair may appoint such special Advisory Committees consisting of members or non-members as he/she deems necessary or expedient to assist the Council and staff from time to time. Standing Committee members shall serve for terms of one (1) year. Special advisory committee members shall serve for the same period as the appointing Chair. All Committee actions shall be advisory only to the Council. The Council may, however, delegate certain specific administrative and review prerogatives to a committee in order to expedite the Council’s work.

History

Rulemaking Authority 186.505 FS. Law Implemented 186.505 FS. History–New 2-9-76, Amended 2-20-77, Formerly 29I-1.05, Amended 5-14-09.

Fla. Admin. Code R. 29I-1.006 Conduct of Meetings

(1) The Council shall hold regular monthly meetings at a time and place to be determined by the membership prior to adjournment of the previous meeting or by the Chair in the absence of such determination. A monthly meeting may be waived by a majority of the Council. Business to have been conducted at the waived meeting shall be considered at the next successive monthly meeting.

(2) Special meetings of the Council may be called by the Chair at his/her discretion or when requested by six (6) voting members.

(3) Voting.

(a) Council members must be present to vote. A quorum shall consist of a majority of the total voting membership of the Council, representing at least four (4) of the Counties. When a quorum is present, a majority of those present may take action on matters properly presented at the meeting. Members present shall vote on each question presented to the Council unless they disqualify themselves. Business shall be transacted only at regular or special called meetings and shall be duly recorded in the minutes thereof.

(b) As permitted by Florida Statutes, Council members are present at a meeting when participating through interactive video and telephone systems.

(4) Minutes.

(a) The Council shall record minutes of its proceedings and official actions in the office of the Council.

(b) The minutes of prior meetings approved by a majority of the members present, shall become the official minutes.

(c) Each resolution shall be signed by the presiding officer at the meeting and by the Executive Director and entered in the minutes.

(5) Rules of Debate.

(a) Chair Participation: The presiding Chair shall not be deprived of any rights and privileges of a Council member by reason of being the presiding Chair, but may move or second a motion only after the gavel has been passed to the Vice-Chair or another member of the Council.

(b) Form of Address: Members shall address only the presiding officer for recognition; shall confine themselves to the question under debate; and shall avoid personalities and indecorous language.

(c) The Question: Upon the closing of debate the Chair shall call the question by voice or roll call vote. Members may give a brief statement or file a written explanation of their vote.

(6) Amending the Agenda.

If a subject is not on the Agenda it may be added by motion and a majority vote that the subject should not be delayed until the next meeting.

(7) DRI Recommendations.

(a) When the Council is considering the recommendations it shall make to a local government, the Council, in addition to its normal staff presentation, shall allow limited presentations by the following: the developer; the adjacent or contiguous city and county involved; technical consultants to the Council; and members of the public, who shall be required to submit a “Request to Speak” form. The applicant may request additional time for presentation. The Chair may limit or restrict the time available for any presentation. Any Council member may ask the developer, or any person present, specific questions concerning specific issues of the proposed development.

(b) The Council may close debate by a majority vote of the members present.

(8) Voting shall be by voice, but members shall have their votes recorded in the minutes if they so desire. A roll call vote shall be held upon proper motion. All other questions of procedure shall be governed by Robert’s Rules of Order, Revised.

(9) Staff memoranda and committee resolutions, minutes and reports are prepared for the purpose of providing the Council with the basic information it requires to make decisions. Such staff memoranda and committee resolutions, minutes and reports are advisory only and not final actions or conclusions of the Council itself. The Council shall release all such data to the chief executive officer of each member governmental unit upon his request.

(10) All official meetings of the Council shall be open to the public as required by Florida Sunshine Laws, Chapter 286, F.S., and shall meet the requirements of the applicable sections of the Florida Administrative Procedures Act, Chapter 120, F.S. The Council shall give seven (7) days notice of meetings and workshops, in addition to any other notices as required by Florida Statutes.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 186.505 FS. History–New 2-9-76, Amended 2-20-77, 7-18-82, Formerly 29I-1.06, Amended 5-7-92, 5-14-09.

Fla. Admin. Code R. 29I-1.007 Budget and Finances

(1) The Council shall cause to be prepared and shall adopt on or before August 15 of each year a budget for the development and implementation of the planning and development programs by such means and through such agencies as the Council shall determine and shall certify a copy thereof to the Clerk of the governing body of each local government that is a member established through paragraphs (a) and (c) of subsection 29I-1.004(1), F.A.C., above. Upon approval thereof by the governing body each member local government shall include in its annual budget and cause the levy of a millage sufficient to produce the amount necessary to fund its proportionate share of the Council’s total budget for the District, which, beyond minimums for individual membership established by the Council, bears the same ratio to the total budget as the population of each member unit bears to the total population of the District, all as determined annually by official population forecasts by the state of Florida for the year preceding each budget determination.

(2) The fiscal year of the Council shall commence on the first day of October of each year and end on the last day of September of the following year.

(3) The Council shall have the right to receive and accept in furtherance of its functions, funds, grants and services from Federal, State and Local Governments or their agencies and from private and community sources, and to expend therefrom such sums of money as shall be deemed necessary from time to time for the attainment of its objectives.

(4) Services Charges. The Council may establish fees for its services reasonably related to the general cost of providing such service including but not limited to the processing of Applications for Developments of Regional Impact.

(5) The Council shall maintain bank accounts, including, but not limited to, checking and savings accounts, and to do those things generally authorized by law for such public authorities.

(6) Designation of Authorized Fiscal Signatures. Each check or warrant issued by the Council shall be co-signed by one of two designated Council officers and by one of two designated Council employees in the following manner:

(a) Authorized Council Officers. Treasurer, or in his absence, a voting member designated by the Council.

(b) Authorized Council Employees. Executive Director, or in his absence, the Director of Planning, shall verify that budgeting provisions have been made therefor, and that quid pro quo has been received and shall have the check or warrant prepared.

All such Officers or Employees of the Council to whom authority to receive and disburse funds has been delegated shall be sufficiently bonded under a general fidelity bond to be paid by the Council.

(7) The Council shall prepare or cause to be prepared annually a report of its activities for the preceding fiscal year, to include an independently audited financial statement. The annual report shall be officially presented to the Council at its Annual Meeting.

(8) Council members shall receive no compensation for their services but shall be reimbursed for travel expenses incurred while engaged in specific, authorized activities on behalf of the Council.

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 186.502, 163.01 FS. History–New 2-9-76, Amended 7-18-82, Formerly 29I-1.07, Amended 5-4-88.

Fla. Admin. Code R. 29I-1.008 Responsibilities and Authority

The Council shall exercise all powers granted to regional planning councils, or regional planning agencies by Section 186.505 F.S., and by its Interlocal Agreement dated, November 8, 1973, amended October 28, 1980, incorporated by reference and available from the Council.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 186.502 FS. History–New 2-9-76, Amended 7-18-82, Formerly 29I-1.08, Amended 5-7-92, 5-14-09.

Fla. Admin. Code R. 29I-1.009 Amendments

These rules shall be amended by a majority vote of the Council. All proposed amendments shall be voted on at a regular meeting, the call of which meeting shall have included notice of the proposed amendment, and which shall have been duly advertised in accordance with the provisions of Chapter 120, F.S.

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 163.01 FS. History–New 2-9-76, Amended 2-20-77, Formerly 29I-1.09.

Fla. Admin. Code R. 29I-1.010 Information Requests

(1) The principal office of the Southwest Florida Regional Planning Council is located at 1926 Victoria Avenue, Fort Myers, Florida 33901-3414. The office hours are Monday through Friday, from 8:00 a.m. to 5:00 p.m. All official forms, publications or documents of the Council are available for public inspection at the Council’s principal office during regular business hours.

(2) All information requests are fulfilled in compliance with the Florida Public Records Law, Chapter 119, F.S.

(3) Copies of the Council’s forms, publications and official documents prepared for public dissemination are available as follows:

(a) Public agencies, defined as those organizations representing the public; government agencies situated in the State of Florida receive Council publications at no charge.

(b) Private organizations situated in Florida and all parties outside of Florida can receive Council publications at cost.

(c) Publications out of print or singular documents are available for inspection at its principal office. Persons wishing photocopies may receive same at cost.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 186.505 FS. History–New 2-9-76, Formerly 29I-1.10, Amended 5-14-09.

Chapter 29I-4 DEVELOPMENTS OF REGIONAL IMPACT (DRI's)

Fla. Admin. Code R. 29I-4.001 DRI Review Process

(1) The DRI Review Process incorporates the following Council practices and procedures in conjunction with the required guidelines, reviews, reports, recommendations, and time limitations imposed by Chapter 380, F.S. The Southwest Florida Regional Planning Council (SWFRPC) has been charged by the State with the responsibility of reviewing Developments of Regional Impact (DRI’s) as defined and authorized by Chapter 380, F.S. The SWFRPC is responsible for State Region 9, encompassing the Counties of Charlotte, Collier, Glades, Hendry, Lee and Sarasota.

(2) By law, the SWFRPC has 50 days in which to review an Application for Development Approval (ADA) after receiving notice that the legislative body of the local government will hold a DRI Public Hearing. However, the local government cannot schedule a DRI Public Hearing until it has received a letter from the SWFRPC indicating that the application is sufficient for review or that the SWFRPC has received notification from the developer that the additional requested information will not be supplied.

(3) Upon receiving a DRI-ADA, the SWFRPC has 30 calendar days in which to determine the sufficiency of the information provided. In order to provide an applicant with reasonable assurance that ADA will be acceptable, all information requested must be in the ADA. If the information in an ADA is determined by the SWFRPC to be insufficient, the applicant and the local government will be notified, in writing, of any information desired. If additional information is requested, the applicant has two options:

(a) To provide a letter within five working days of the receipt of the statement, requesting additional information, stating that the additional information will be provided to the SWFRPC and the local government. The applicant may choose to supply some of the requested information and decline, in writing, to provide the balance.

(b) To notify the SWFRPC that the requested additional information will not be provided. In this case, the SWFRPC may find it necessary to recommend that the ADA be denied for lack of information.

(4) Within 30 calendar days after receipt of such additional information, the SWFRPC shall review it following procedures specified in paragraphs (3)(a) and (b) above and may request only that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information.

(5) If an applicant does not provide the information requested by the SWFRPC within 120 days of its request, the application shall be considered withdrawn. The SWFRPC Executive Director, at his discretion, may grant an additional 45 day extension, upon formal written request for an extension by the applicant. Any further time extension, beyond the discretionary 45 day time extension, must be formally requested by the applicant and approved by the SWFRPC board at its regular monthly meeting, prior to expiration of the discretionary 45 day extension.

Any such extension shall be based upon the complexity, availability of data and additional analysis caused by a time extension and any unnecessary hardships upon the developer.

(6) If the application is sufficient or if the developer has notified the SWFRPC that the additional requested information will not be provided, the SWFRPC, within 10 days of finding the application sufficient or receipt of notice from the applicant, will notify the local government and the applicant in writing. The local government is then required to set a DRI Public Hearing date at its next scheduled meeting. The notice of Public Hearing must be published at least 60 days in advance of the Hearing. The DRI Public Hearing date should be at least 10 days after the SWFRPC’s meeting at which the DRI Assessment Report is officially adopted.

(7) The receipt of the local government notice of a DRI Public Hearing by the SWFRPC initiates the statutorily provided 50-day review period within which the Council must prepare and transmit a DRI Assessment Report to the local government. To eliminate the possibility of having to set up special Council meeting dates, the local government and the SWFRPC must coordinate the transmittal of the notice of the DRI Public Hearing so it is received by the SWFRPC no less than 45 days before the Council meeting at which the DRI Assessment Report would be officially adopted by the Council.

(8) After the DRI Public Hearing is held, the local government has 30 days to issue a Development Order. However, a time extension may be requested by the applicant. During the DRI Public Hearing, the local governments must consider the report and recommendations of the SWFRPC. The Development Order should approve, approve with conditions or deny the DRI. The Development Order should address all the regional issues raised by the SWFRPC indicating how these issues have or have not been resolved.

(9) Certified copies of the Development Orders shall be sent by the local government to the state land planning agency, the SWFRPC, and the applicant. Upon receipt of a copy of the Development Order to the state land planning agency, the SWFRPC, the owner, and the developer, a 45 day period begins during which appeals may be initiated. Three parties may appeal a Development Order: the landowner, the developer, or the state land planning agency. No development permit should be issued by the local government during this 45 day period. Should an appeal take place, no development permit should be issued by the local government until the appeal is adjudicated. An appeal is made to the Land and Water Adjudicatory Commission. Decisions of the Commission are subject to judicial review under Chapter 120, F.S.

(10) The Council will review substantial deviation determinations made by local government on approved DRI Development Orders. The Council will assist the state land planning agency in monitoring the progress of the development and its compliance with the terms of the approved development. The Council will notify local governments if the required annual report is not received from the developer.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 380.06 FS. History–New 2-9-76, Amended 2-20-77, 9-26-77, 7-18-82, Formerly 29I-4.01, Amended 7-27-86, 2-19-92, 5-14-09.

Fla. Admin. Code R. 29I-4.003 Procedures for Filing an ADA

(1) An Application for Development Approval (ADA) may be received at any time by the SWFRPC. Before filing an ADA, the applicant shall contact the SWFRPC to arrange for a preapplication conference. During this conference, SWFRPC shall provide the applicant information about the DRI Process and the use of preapplication conferences to identify the appropriate listed regional issues and coordinate appropriate state, district, and local agency requirements.

(2) If during a preapplication meeting, the applicant states that any question(s) from the ADA appear unnecessary for a DRI and requests such question(s) be eliminated, the SWFRPC shall review the arguments of the applicant and then draft a written agreement for the elimination of any question(s) it deems unnecessary. If the SWFRPC determines during sufficiency review of a DRI that elimination of any ADA question(s) was based upon erroneous information, the question shall be immediately reinstated.

(3) The applicant must send a “Letter of Intent” to the Council at least one week prior to the submission of the DRI-ADA. All DRI communication and requests should be directed to:

Executive Director

Southwest Florida Regional Planning Council

(Please contact the agency for appropriate mailing address)

(4) At various intervals in the DRI Review Process, the Council’s staff and the developer/owner, or a representative, may meet to discuss information deficiencies of the ADA and regional issues identified in the ADA. These meetings will be used to establish communication with the applicant and to seek appropriate measures to changes in the ADA necessary to resolve the regional issues prior to final review of the ADA by the Council.

(5) State, regional, and local governmental agencies will be invited to participate in the DRI Review process. Comments or reports on a particular DRI provided by such agencies will be included in the report of the staff to the Council.

(6) Standards used in review of DRI projects shall be as specified within SWFRPC rules and Regional Comprehensive Policy Plans. The SWFRPC shall also consider other appropriate Federal, State and Local Government Standards and Policies during the review of DRI projects.

History

Rulemaking Authority 120.53(1), 163.01, 186.505 FS. Law Implemented 120.53(1), 163.01, 186.505, 380.06, 380.07 FS. History–New 2-9-76, Amended 2-20-77, 7-18-82, Formerly 29I-4.03, Amended 7-27-86, 2-19-92.

Fla. Admin. Code R. 29I-4.004 DRI-ADA Form

(1) An application for development approval shall be submitted using the state land planning agency official ADA forms specified within Rule 9J-2.010, F.A.C. Form RPM-BSP-ADA-1, Development of Regional Impact Application for Development Approval under Section 380.06, F.S., effective 11/90, hereby incorporated by reference, shall be used and may be obtained from the SWFRPC. Each question shall be fully answered. The Standard ADA form is subject to clarification to reflect specific regional concerns and to clarify the intent and response necessary to specific questions or parts of questions. Such supplemental questions shall be provided to the applicant at the preapplication meeting.

(2) Applications are required to be submitted on 8 1/2 x 11 inch paper. Digital files and geo-referenced data may also be required. Each question must be repeated in the application text with the answer following.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 380.06 FS. History–New 2-9-76 Amended 2-20-77, 7-18-82, Formerly 29I-4.04, Amended 7-27-86, 2-19-92, 5-14-09.

Fla. Admin. Code R. 29I-4.005 DRI-ADA Submission

Copies of the completed ADA shall be submitted to the local government on the same date submitted to the SWFRPC. A minimum of 20 copies shall be submitted to the SWFRPC. Additional copies may be requested based on the number of regional review agencies expected to participate in the review process.

History

Rulemaking Authority 120.53(1), 163.01, 186.505 FS. Law Implemented 120.53(1), 163.01, 186.505, 380.06, 380.07 FS. History–New 2-9-76, Amended 1-3-77, 2-20-77, 7-18-82, Formerly 29I-4.05, Amended 7-27-86, 2-19-92.

Fla. Admin. Code R. 29I-4.006 Request for DRI Review

The applicant must complete and deliver with the application for development approval (ADA) a “SWFRPC receipt and review fee agreement for review of developments of regional impact,” (eff. 7/2006 available from Southwest Florida Regional Planning Council).

History

Rulemaking Authority 186.505(1) FS. Law Implemented 186.505, 380.06 FS. History–New 2-9-76, Amended 2-20-77, Formerly 29I-4.06, Amended 2-19-92, 5-14-09.

Fla. Admin. Code R. 29I-4.007 DRI Review Fee

The DRI review fee for each DRI application, Florida Quality Development application, substantial deviation application, substantial deviation determination, supplemental plans and reviews identified in a development order requiring regional review or approval and review of each annual report are governed by the provisions of Rule 9J-2.0252, F.A.C. (DRI Review Fee Rule).

History

Rulemaking Authority 186.505(1) FS. Law Implemented 380.06, 380.07 FS. History–New 8-19-76, Amended 2-20-77, 7-18-82, Formerly 29I-4.07, Amended 7-27-86, 9-20-88, 2-19-92, 5-14-09.

Fla. Admin. Code R. 29I-4.0081 Master Development Approval Alternative Review Procedure

(1) If a proposed development is planned for development over an extended period of time, the developer may follow an alternative development of regional impact review procedure by filing an application for master development approval of the project and agree to present subsequent increments of the development for preconstruction review. This alternative procedure shall follow development of regional impact procedures established by statute and rule but shall not be used for the optional coordinated review process. The developer shall consult with the local government and the SWFRPC regarding information to be provided; the timing of review of phases, increments, or issues related to regional impacts of the proposed development; and any other considerations that must be addressed in the application for master development approval and the agreement required by Section 380.06, F.S. The agreement shall be entered into by the developer, the SWFRPC, and the local government having jurisdiction before the application for master development approval is filed.

(2) In determining sufficiency of information contained in an application for master development approval, the SWFRPC shall give consideration to: the adequacy and availability of sufficient, reliable information; the necessity of subsequent review of phases, increments, or issues related to regional impacts; additional information which may be required in subsequent incremental applications; and issues which could result in the denial of an incremental application.

(3) Prior to adoption of the master plan development order by the local government, the SWFRPC board shall review the draft development order and, if appropriate, related agreements, at a regularly scheduled board meeting, to ensure that the requirements of Section 380.06, F.S., are met.

(4) The review of subsequent incremental applications shall be as prescribed in Section 380.06, F.S. Substantial changes in conditions underlying the approval of the master development order was based are to be construed to mean changed conditions or inaccurate information that creates a reasonable likelihood of additional adverse regional impact or any other regional impact not previously reviewed by the regional planning agency.

History

Rulemaking Authority 120.53, 163.01, 186.505 FS. Law Implemented 120.53, 163.01, 186.505, 380.06, 380.07, FS. History–New 7-27-86.

Fla. Admin. Code R. 29I-4.009 Conceptual Agency Review

In order to facilitate the planning and preparation of permit applications for projects that undergo development-of-regional-impact review, and in order to coordinate the information required to issue such permits a developer may elect to request conceptual agency review pursuant to Section 380.06, F.S., either concurrently with development-of-regional-impact review and comprehensive plan amendments, if applicable, or subsequent to a preapplication conference. The developer should notify the SWFRPC and appropriate review agencies of his intent to request Conceptual Agency Review at the pre-application conference.

History

Rulemaking Authority 120.53, 163.01, 186.505 FS. Law Implemented 120.53, 163.01, 186.505, 380.06, 380.07 FS. History–New 7-27-86.

Fla. Admin. Code R. 29I-4.010 Downtown Development Authorities

(1) A downtown development authority may submit a development-of-regional-impact application for development approval pursuant to Section 380.06, F.S. The area described in the application may consist of any or all of the land over which a downtown development authority has the power described in Section 380.031(5), F.S. For the purposes of this subsection, a downtown development authority shall be considered the developer whether or not the development will be undertaken by the downtown development authority.

(2) In addition to information required by the development-of-regional-impact application, the application for development approval submitted by a downtown development authority shall specify the total amount of development planned for each land use category.

History

Rulemaking Authority 120.53, 163.01, 186.505, FS. Law Implemented 120.53, 163.01, 186.505, 380.06, 380.07, FS. History–New 7-27-86.

Fla. Admin. Code R. 29I-4.011 Areawide Development of Regional Impact

(1) An authorized developer may submit an areawide development of regional impact to be reviewed pursuant to the procedures and standards set forth in Section 380.06, F.S. The areawide development-of-regional-impact review shall include an area wide development plan in addition to any other information required by rule pursuant to Section 380.06, F.S., and the information required in the state land planning agency official ADA form.

(2) Prior to filing an Areawide DRI, the authorized developer shall submit a petition to the local government, the SWFRPC, and the state land planning agency requesting authorization to submit an Areawide ADA. Such petition shall include proof that timely, actual notice has been provided by the petitioner to each person owning land within the proposed areawide development plan. This notice shall be in addition to other notice of public hearings as required by Section 380.06, F.S.

(3) Criteria used by the SWFRPC for evaluating a petition shall include, but not be limited to:

(a) Whether the developer is financially capable of processing the application for development approval through final approval pursuant to this section.

(b) Whether the defined planning area and anticipated development therein appear to be of a character, magnitude, and location that a proposed areawide development plan would be in the public interest. Any public interest determination under this criterion is preliminary and not binding on the state land planning agency, the SWFRPC, or local government.

(4) The local government shall submit any order which approves the petition, or approves the petition with conditions, to the petitioner, to all owners of property within the defined planning area, to the SWFRPC, and to the state land planning agency, within 30 days after the order becomes effective.

(5) The petitioner, an owner of property within the defined planning area, or the state land planning agency may appeal the decision of the local government to the Florida Land and Water Adjudicatory Commission by filing a notice of appeal with the Commission. The procedures established in Section 380.07, F.S., shall be followed for such an appeal.

(6) In reviewing an application for a proposed areawide development of regional impact, the SWFRPC shall evaluate the following criteria, in addition to any other criteria set forth in this rule:

(a) Whether the developer has demonstrated its legal, financial, and administrative ability to perform any commitments it has made in the application for a proposed areawide development of regional impact.

(b) Whether the developer has demonstrated that all property owners within the defined planning area consent or do not object to the proposed areawide development of regional impact.

(c) Whether the area and the anticipated development are consistent with the applicable, local, regional, and state comprehensive plans and any state land development plan.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 380.06 FS. History–New 7-27-86, Amended 5-14-09.

Fla. Admin. Code R. 29I-4.012 Florida’s Quality Developments Program

(1) An authorized developer may file an application under the Florida’s Quality Developments program pursuant to Section 380.061, F.S. The developer shall submit the application to the state land planning agency, the SWFRPC, and the appropriate local government for review. The review shall be conducted under the time limits and procedures set forth in Section 120.60, F.S., except that the 90-day time limit shall cease to run when all three entities reviewing the project have notified the applicant of their decision on whether the development should be designated under this program.

(2) Criteria used by the SWFRPC for review of an application submitted under this program shall be as specified within Section 380.06, F.S.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 380.06 FS. History–New 7-27-86, Amended 5-14-09.

Fla. Admin. Code R. 29I-4.013 Review of Amendments to Development Orders

(1) The developer shall submit, simultaneously, to the local government, the SWFRPC, and the state land planning agency, the request for approval of a proposed change to a previously approved development of regional impact. The form for this submission shall be as prescribed by rule of the Department of Community Affairs.

(2) The SWFRPC shall review the proposed change and may, in its discretion and within 30 days of submittal by the developer of the request for approval of a change, advise the local government of its intention to participate at the public hearing before the local government.

(3) The decision of the local government to approve, with or without conditions, or to deny the proposed change that the developer asserts does not require further review, shall be subject to the appeal provisions of Section 380.07, F.S.

(4) If a proposed change requires further development-of-regional-impact review pursuant to this section, the review shall be conducted subject to the following additional conditions:

(a) The development-of-regional-impact review conducted by the SWFRPC shall address only those issues raised by the proposed change except as provided in paragraph (b).

(b) The SWFRPC shall consider, and recommend whether to approve, approve with conditions, or deny the proposed change as it relates to the entire development.

(c) If the SWFRPC determines that the proposed change as it related to the entire development should be approved, any new conditions in the amendment to the development order recommended by the SWFRPC shall address only those issues raised by the proposed change.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 380.06 FS. History–New 7-27-86, Amended 5-14-09.

Chapter 29I-5 CLEARINGHOUSE REVIEW PROCEDURES

Fla. Admin. Code R. 29I-5.001 General

(1) The Southwest Florida Regional Planning Council was designated as the are awide clearinghouse pursuant to United States Office of Management and Budget Circular A-95 for substate District Nine on May 17, 1974.

(2) The Council’s Clearinghouse Review function addresses projects requiring review under OMB Circular A-95 as well as U.S. Army Corps of Engineers/Department of Environmental Regulation Permits, Environmental Impact Statements, Florida Highway Projects, and Coast Guard Permits.

History

Rulemaking Authority 163.01, 120.53(1) FS. Law Implemented 163.01, 120.53(1) FS. History–New 9-5-78, Amended 10-15-78, Formerly 29I-5.01.

Fla. Admin. Code R. 29I-5.002 Classification of Projects

(1) Because of the high volume of Clearinghouse reviews, and the desire of the Council to provide more detailed analysis of those projects of regional significance, without duly burdening those applications of a local nature, a classification system is employed. All applications are classified as either a) Projects of Regional Significance, b) Projects of Less Than Regional Significance.

(2) Projects of Regional Significance include:

(a) All federally assisted projects or programs of organizations or agencies having multi-jurisdictional responsibility within all or part of the Region.

(b) All applications for comprehensive planning and management grants.

(c) All applications for projects which cross county boundaries, impact two or more counties, or projects of significant multi-jurisdictional impact.

(d) All applications for projects which approach the DRI threshold.

(e) All Environmental Impact Statements.

(f) All Proposals with a significant water quality impact on the Council’s 208 study area.

(g) Any project which, due to its unique aspects, has regional significance.

(3) Projects of Less Than Regional Significance.

All applications NOT determined to be of Regional Significance are considered Projects of Less Than Regional Significance.

History

Rulemaking Authority 163.01, 120.53(1) FS. Law Implemented 163.01, 120.53(1) FS. History–New 9-5-78, Amended 10-15-78, Formerly 29I-5.02.

Fla. Admin. Code R. 29I-5.003 Review Criteria

(1) Projects of Regional Significance.

In reviewing Projects of Regional Significance, the following criteria is generally used in whole or in part:

(a) Project’s consistency with adopted regional and local goals, objectives and policies.

(b) The need for the project and whether it duplicates an existing program.

(d) Accuracy of data utilized; appropriateness of methodology, and the completeness of the proposal.

(e) The project’s potential for air, noise and water pollution.

(f) The potential impact on historic/archeologic sites, wildlife habitats and sensitive ecosystems.

(g) The potential for increased surface water runoff and/or erosion.

(h) The accessibility to adequate infrastructure.

(i) The location of project in relation to those it will serve.

(j) If the project is located in the coastal zone, the project’s compatibility with the State’s Coastal Zone Management Program.

(k) The impact of traffic generated by the project.

(l) The effects on energy resource supply and demand.

(m) The project’s potential secondary impacts including impacts on neighboring communities.

(n) The potential displacement of people, housing or business.

(o) The project’s relationship to flood plain.

(2) Projects of Less than Regional Significance.

In reviewing Projects of Less Than Regional Significance, consistency with adopted regional and local goals, objectives and policies is assessed.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 380.06 FS. History–New 9-5-78, Amended 10-15-78, Formerly 29I-5.03, Amended 5-14-09.

Fla. Admin. Code R. 29I-5.004 Review Procedures

All projects and programs which are reviewed by the Council are processed as follows:

(1) Receipt of Project.

When a proposal (Notification of Intent, Pre-Application, Permit Application, EIS, etc.) is received, it is date stamped, logged in and assigned a file number by the A-95 Coordinator. The Council has thirty (30) days to complete its Clearinghouse review of a project.

(2) Emergency Situations.

There are emergency situations when the Council will accept projects for Clearinghouse review with less than thirty (30) days remaining to review the project. The Council will work closely with the applicant to ensure that potential funding is not jeopardized. Review will commence when the documents are in a draft stage. Before the applicant is notified in writing of the Clearinghouse comments, however, the Council requires that the application in its final form be officially transmitted to it.

(3) Local Government Comment.

The A-95 Coordinator solicits comment from the local governments and other agencies whose interests might be affected. These letters indicate a deadline for comments. Comments received from local government or other agencies will either be included in the Council’s comments or attached to them. If no comment is received by this date, it is presumed that the project or program is not inconsistent with local plans.

(4) Staff Action.

Each project or program is screened by the Council staff to determine if it is a new application or a continuation/modification of an existing program. The staff member then determines if the project is of regional significance and applies the appropriate review criteria.

(5) Staff Recommendations.

Utilizing the classification system and respective review criteria, described previously, each project is identified to be within one of four categories as follows:

(a) Less than Regional Significance – Consistent with goals, objectives and policies,

(b) Less than Regional Significance – Not consistent with goals, objectives and policies,

(d) Regional Significance – Not consistent with goals, objectives and policies.

When initial staff review determines that a proposal of regional significance does not appear consistent with regional goals, objectives and policies, every effort is made with the applicant to resolve the issues. This includes requesting additional information, meeting with the applicant, or discussing the issues with local government or other commenting agencies. If the issues are resolved through this effort, the project is recategorized.

The identification of the projects as to category, along with all analysis and comments, constitutes the staff's recommended action. Prior to each Council meeting, a report is prepared identifying the staff's recommended action for all Clearinghouse projects received during the previous month.

(6) Council Action.

Unless prevented by extenuating circumstances, the Council shall approve or disapprove the staff's recommended action for the Clearinghouse projects received during the previous month. Due to their importance, staff recommendations regarding Projects of Regional Significance that are not consistent with Regional and local goals, objectives, and policies shall be considered by the Council on an individual basis.

History

Rulemaking Authority 163.01, 120.53(1) FS. Law Implemented 163.01, 120.53(1) FS. History–New 9-5-78, Amended 10-15-78, Formerly 29I-5.04.

Fla. Admin. Code R. 29I-5.005 Review Procedure – Graphic Presentation

History

Rulemaking Authority 163.01, 120.53(1) FS. Law Implemented 163.01, 120.53(1) FS. History–New 9-5-78, Amended 10-15-78, Formerly 29I-5.05.

Chapter 29I-6 REGIONAL COMPREHENSIVE POLICY PLAN

Fla. Admin. Code R. 29I-6.002 Strategic Regional Policy Plan

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.

History

Rulemaking Authority 186.508(1) FS. Law Implemented 120.53(1) FS. History–New 10-23-95, Amended 7-3-02.

Chapter 29I-7 REGIONAL DISPUTE RESOLUTION PROCESS

Fla. Admin. Code R. 29I-7.001 Purpose

(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.

(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning and growth management issues that will clearly identify and resolve problems as early as possible; utilize the procedures in a low-to-high cost sequence; allow flexibility in the order in which the procedures are used; provide for the appropriate involvement of affected and responsible parties; and provide as much process certainty as possible.

(3) The RDRP may to be used to resolve disputes involving extrajurisdictional impacts as provided for in the intergovernmental coordination elements of local comprehensive plans, as required by Section 163.3177, F.S.; inconsistencies between port master plans and local comprehensive plans, as required by Section 163.3178, F.S.; the siting of community residential homes, as required by Section 419.001(5), F.S.; and any other matters covered by statutes which reference the RDRP.

(4) The RDRP shall not be used to address disputes involving environmental permits or other regulatory matters unless all the parties involved agree to initiate use of the RDRP.

(5) The RDRP does not replace local processes and is not intended to be used by parties dissatisfied with the appropriate application of local rules and regulations.

(6) Use of the RDRP shall not alter the right of a jurisdiction, organization, group, or individual to judicial or administrative determination of any issues if that entity is entitled to such a determination under statutory or common law.

(7) Participation in the RDRP as a named party or in any other capacity does not convey or limit intervenor status in any judicial or administrative proceedings.

(8) All named parties who agree to participate in this process commit to a good faith effort to resolve problems or disputes.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.002 Definitions

(1) “Situation assessment” is a procedure of information collection that may involve review of documents, interviews, and an assessment meeting leading to a written or oral report identifying the issues in dispute, the stakeholders, the information needed before a decision can be made, and a recommendation for appropriate dispute resolution procedures. This procedure is sometimes referred to as “fact finding.”

(2) “Pre-initiation meeting” is a meeting which provides the opportunity for a party to discuss with the RPC staff the suitability of the RDRP for resolution of a dispute before formal initiation of the RDRP.

(3) “Facilitation” is a procedure in which the facilitator helps the parties to design and follow a meeting agenda and assists the parties to communicate more effectively throughout the process. The facilitator has no authority to make or recommend a decision.

(4) “Mediation” is a procedure in which a neutral party assists disputing parties in a negotiation process to explore their interests, develop and evaluate options, and reach a mutually acceptable agreement without prescribing a resolution. A mediator (who may take more control of the process than a facilitator) usually works in more complex cases in which a dispute is more clearly defined.

(5) “Advisory decision-making” is a procedure aimed at enhancing the effectiveness of negotiations and helping parties more realistically evaluate their negotiation positions. This procedure may include fact-finding, neutral evaluation, or advisory arbitration in which a neutral party or panel listens to the facts and arguments presented by the parties and renders a non-binding advisory decision.

(6) “Jurisdiction” is any local government or regional agency, including any special district, authority, or school board.

(7) “Named party” is any jurisdiction, organization, group, or individual who is named in an initiation letter, including the initiating jurisdiction, or any jurisdiction, organization, group, or individual who is permitted by the named parties to participate in settlement of a dispute pursuant to subsections 29I-7.003(1), (2) and (3), F.A.C. Being a “named party” in the RDRP does not convey or limit standing in any judicial or administrative proceeding.

(8) “Representative” is an individual who is given guidance and authority to act, to the extent possible, by a named party in a RDRP case. Subsection 29I-7.003(4), F.A.C., sets forth the process for designation of a representative.

(9) “Initiation letter” is a letter from a jurisdiction that formally identifies a dispute, asks named parties to engage in this process to resolve the dispute, and, at a minimum, requests the named parties to attend the initial settlement meeting. Rule 29I-7.010, F.A.C., specifies what must be included in an initiation letter.

(10) “Response letter” is a letter that formally notifies the initiator and other named parties that a party is willing to participate in the RDRP and, at a minimum, attend at least one settlement meeting. Subsection 29I-7.010(3), F.A.C., specifies what must be included in a response letter.

(11) “Settlement agreements” may be voluntarily approved by the individual or governing body authorized to bind the named party. Agreements may take the form of memorandums of understanding, contracts, interlocal agreements, or some other form mutually agreed to by the signatory parties or as required by law. A settlement may be agreed to by some or all of the named parties.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.003 Participation

(1) Named parties shall automatically be allowed to participate. Other jurisdictions, public or private organizations, groups, or individuals may be suggested by a named party in response letters or during RDRP meetings. Any such entity or individual may also submit a petition to participate. In any case, such an entity or individual may become a named party if agreed to by a two-thirds majority of the participating named parties, except as provided for in subsection 29I-7.003(3), F.A.C. Fee allocation agreements will be amended as appropriate.

(2) All initiation and response letters that are made in accordance with intergovernmental coordination elements of local government comprehensive plans shall list only affected local government jurisdictions as named parties. The named parties, at the initial settlement meeting or at subsequent RDRP meetings, may add public or private named parties by mutual agreement of all the current named parties.

(3) Other jurisdictions, public or private organizations, groups or individuals seeking to become named parties shall submit to the Regional Planning Council (RPC) staff a written petition to participate, including reasons for the request and information required in subsection 29I-7.010(2), F.A.C. Such jurisdictions, organizations, groups, or individuals shall become named parties if agreed to by a two-thirds majority of the named parties, prior to or during RDRP meetings, except as pursuant to subsection 29I-7.003(2), F.A.C. Named parties who do not respond within 21 days of the date of the initiation letter may not participate in the RDRP unless they submit a petition for participation.

(4) Each of the jurisdictions, organizations, groups, or individuals participating as a named party in this process shall designate a representative, in writing, or be represented by the chief executive officer. Such a representative shall have authority to act, to the maximum extent feasible, and shall have responsibility to represent that party’s interest in this process and to maintain communications with that party throughout the process. Jurisdictions are encouraged to designate a representative to participate in this process in advance of initiating or receiving a request.

(5) Individuals or organizations who can provide information and technical assistance useful in the resolution of the dispute may be invited by a named party or the presiding neutral to attend meetings under this process. The parties, by agreement, or the presiding neutral shall determine when and under what circumstances such individuals or entities may be invited. Invited parties may provide input as agreed by the named parties or the presiding neutral.

(6) All communications by a named party called for in this process shall be submitted to all other named parties and the RPC staff in writing.

(7) Any named party may withdraw from participation in dispute resolution under this process upon written notice to all other named parties and the RPC staff.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.004 Costs

(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.

History

Rulemaking Authority 186.505(1) FS. Law Implemented 186.505(5), 186.505(19) FS. History–New 4-12-94, Amended 5-14-09.

Fla. Admin. Code R. 29I-7.005 Time Frames

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.006 Administrative Protocols

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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.007 Public Notice, Records, and Confidentiality

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.008 Pre-Initiation Meeting

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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.009 Situation Assessment

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.010 Initiation of the Process by Jurisdictions

(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.

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.011 Requests to Initiate Submitted by Others

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.012 Settlement Meetings

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.013 Mediation

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.014 Advisory Decision-Making

(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.

(2) A neutral handling a dispute must understand Florida growth management issues, have appropriate experience, and be acceptable to the parties.

(3) The parties shall submit an advisory decision-making report in accordance with subsection 29I-7.015(4), F.A.C., of this process at the conclusion.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.015 Settlement Agreements and Reports

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Fla. Admin. Code R. 29I-7.016 Other Dispute Resolution Processes

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 4-12-94.

Division 29H Tampa Bay Regional Planning Council

Chapter 29H-1 ORGANIZATION

Fla. Admin. Code R. 29H-1.001 Name

The name of this agency shall be the Tampa Bay Regional Planning Council, effective September 8, 1975, under Section 163.01, F.S.

History

Rulemaking Authority 120.53(1)(a), 163.01, 163.01(5)(h) FS. Law Implemented 120.53(1)(a), 163.01(5)(c), 163.01(5), (7)(a) FS. History–New 11-27-75, Formerly 29H-1.01.

Fla. Admin. Code R. 29H-1.002 Purposes

The Council shall serve local governments in the Tampa Bay Area as the areawide clearinghouse and comprehensive planning agency, with the powers, duties and responsibilities for carrying out regional planning and coordination as set forth in the interlocal agreement establishing the Council.

The purposes of the Council shall include, but not be limited to, the following:

(1) To provide local governments with a means of exercising the rights, duties, and powers of a Regional Planning Agency as defined in Chapters 23, 380 and Sections 163.01, 163.02, F.S., as amended, including those functions enumerated hereinabove by preambles, and other applicable Florida, Federal and Local Law.

(2) To provide a means for conducting the comprehensive regional planning process.

(3) To provide regional coordination for the members of the Council.

(4) To act in an advisory capacity to exchange, interchange and review the various programs referred to it by the individual members which are of regional concern.

(5) To promote communication among members and the identification and resolution of common regional-scale problems.

(6) To cooperate with Federal, State, Local and nongovernmental agencies and citizens to coordinate State, Federal, and Local planning and development programs in order to assure the orderly and balanced growth and development of the region, consistent with the protection of the natural resources and environment of the region and to protect the health, safety, welfare and quality of life of the residents of the region.

History

Rulemaking Authority 120.53(1)(a), 163.01(2), 163.02(5)(a) FS. Law Implemented 120.53(1)(a), 163.01(2), 163.01(5)(a) FS. History–New 11-27-75, Formerly 29H-1.02.

Fla. Admin. Code R. 29H-1.003 General Description

(1) The staff of the Tampa Bay Regional Planning Council is headed by an Executive Director. The staff includes an Assistant Director and/or Director of Planning, professional, technical and clerical personnel. Staff duties and responsibilities are assigned by the Executive Director.

(2) The following are the general operating areas of the Council’s staff:

(a) Information Services. Maintenance and provision of regional-scale information, which is timely and accurate to assist the public and private sectors in decisions on regional issues.

(b) Regional Planning, Review and Coordination. Functioning in a review, coordination, analysis and comment capacity for local, state and federal governments. This responsibility includes the general stated purposes of the Council (Rule 29H-1.002, F.A.C.), and specifically the regional planning agency responsibility for developments of regional impact, pursuant to Chapter 380, F.S., and areawide clearinghouse responsibility consistent with OMB Circular A-95, Revised.

(c) Assistance to Local Governments, Authorities, Regional Agencies and Others. Advice and special assistance to local governments, authorities, regional agencies, and others is provided by the Council when the Council has the financial and professional resources available.

(3) The Executive Director may act on behalf of the Council when necessary to meet the statutory responsibilities of the Council and it is not possible for either the full Council or the Executive-Budget Committee to meet. In any instance when the Executive Director takes final agency action, a report of such action shall be made at the next regular meeting of the Council for whatever action is deemed appropriate by the Council.

History

Rulemaking Authority 120.53(1)(a), 163.01, 186.504, 186.505 FS. Law Implemented 120.53(1)(a), 163.01, 186.504, 186.505 FS. History–New 11-27-75, Formerly 29H-1.03, Amended 3-9-09.

Fla. Admin. Code R. 29H-1.004 Membership and Voting

(1) Each member government shall be represented on the Regional Planning Council by a representative which shall be an elected official of said member government and shall be duly appointed by the governing body of said member government. Each representative shall serve at the pleasure of the governing body of the member unit of government.

(2)(a) Additional representatives which shall constitute no more than one-third of the voting representatives shall be appointed by the Governor subject to confirmation by the Florida Senate, and shall reside within the geographic area covered by the Regional Planning Council. No two appointees of the Governor shall have their place of residence in the same county until each county within the region is represented by a Governor’s appointee.

(b) Each Governor’s appointee shall serve at the pleasure of the Governor.

(3) Any county or municipality contained within or contiguous with the jurisdictional boundary of a member of the Regional Planning Council may be admitted, by a majority vote of the Regional Planning Council, to membership upon resolution of the governing body joining the agreement establishing the Council by the county or municipality requesting such membership.

(4)(a) For the general conduct of business, each member government shall have an equal vote which shall be one vote for each representative, except as provided below.

(b) Prior to a vote and upon the call of three representatives, a weighted vote shall be taken by roll call. The total weighted vote shall consist of the member governments’ vote and the Governor appointees’ vote. The member governments’ vote shall be two-thirds of the total vote and shall be apportioned among the member government representatives in the same proportion as the member governments’ population bears to the total population of the region; provided, however, that no portion of the population shall be represented by more than one member government.

(c) The Governor’s appointees’ vote shall be one-third of the total vote and shall be apportioned among the Governor’s appointed representatives (in the same proportion as the appointed representative’s county of residence’s population bears to the total population of the region).

History

Rulemaking Authority 120.53(1)(a), 163.01(5), (6) FS. Law Implemented 120.53(1)(a), 160.01, 163.01(2), 163.01(5)(a) FS. History–New 11-27-75, Amended 11-8-76, 3-29-82, Formerly 29H-1.04.

Fla. Admin. Code R. 29H-1.005 Officers and Committees

The officers of the Council shall be as follows:

(1) Chair: The Chair shall preside at meetings of the Tampa Bay Regional Planning Council. The Chair shall appoint all committees and committee chairs and shall sign on behalf of the Council all deeds, contracts, and other formal instruments, and shall perform such other duties as may from time to time be assigned by the Council.

(2) Vice-Chair: The Vice-Chair shall, during the absence of the Chair or inability to act, have and exercise all the powers and duties of the Chair and shall perform such other duties as may from time to time be assigned by the Council.

(3) Secretary-Treasurer: The Secretary-Treasurer shall give notice and keep minutes of all meetings, have custody of the records of the Council and of its seal, and attest all necessary instruments. The Secretary-Treasurer shall be the chief financial agent of the Council and may exercise authority in all financial matters in accordance with such authority as may be granted by the Council. The Secretary-Treasurer shall have an annual audit made by an independent auditing firm approved by the Council and shall submit a yearly financial report at the Annual General Meeting.

(4) The officers shall be elected annually by the Council and shall hold office for one (1) year or until their respective successors are elected and qualified. The Council shall utilize a Nominating Committee, chosen by the Chair, for nominating the annual slate of officers. Any vacancy in office shall be filled by the Council at its next regular meeting; the person so elected shall serve until a successor is elected and duly qualified.

(5) Executive-Budget Committee: An Executive-Budget Committee may be appointed by the Council and shall at a minimum consist of all officers of the Council. The Committee shall exist for the time specified and shall perform those duties delegated to it by the Council, including approving an annual budget to govern financial operations of the Council for each fiscal year beginning October 1st and shall submit same to the June regular meeting of the Council for adoption, unless otherwise decided. The Chair of the Executive-Budget Committee shall be the Chair of the Council and the Committee shall meet at the call of the Chair. The Executive-Budget Committee may act on behalf of the full Council when a quorum of the full Council is not present, in case of emergencies, or when required to meet the statutory responsibilities of the Council, and shall report such action to the Council at its next regular meeting for whatever action the Council deems necessary. In those instances when the Committee acts on behalf of the full Council, members of the Committee may attend and participate either by telephone or in person.

(6) Advisory Committees: The Chair may appoint Advisory Committees to assist the Chair, the Council and the staff in carrying out their responsibilities. Advisory Committees may consist of Council and non-Council members. The Council Chair shall either appoint a Chair from among the members of each Advisory Committee or delegate authority to one or more Advisory Committees to appoint a Chair from among their members. Advisory Committees shall meet upon the call of the Council Chair, its Chair or the Executive Director, and shall consider such matters as may be referred to it. Advisory Committees shall present recommendations, findings and reports to the full Council and/or the Executive-Budget Committee for whatever action is deemed appropriate.

(7) Agency on Bay Management: The Council Chair shall appoint the members of the Agency on Bay Management, which shall carry out responsibilities and operate in accordance with policies approved by the Council. The Agency on Bay Management shall consist of Council and non-Council members. The Council Chair shall appoint the Chair and Vice Chair of the Agency on Bay Management.

(8) Clearinghouse Review Committee. The Clearinghouse Review Committee is a committee established by the Council with authority to conduct pre-application meetings, site visits concerning proposed Developments of Regional Impact (DRI), and provide advice as necessary on matters relating to the Strategic Regional Policy Plan for the Tampa Bay Region and/or intergovernmental coordination and review.

(a) The Council Chair shall appoint a minimum of five Council representatives to the Committee of which the Vice Chair of the Council shall be the Chair of the Committee. The term of each appointment shall expire with the term of the Chair of the Council.

(b) The Committee or the staff shall conduct a preapplication conference for each DRI to be assessed by the Council pursuant to the following procedures:

A project summary will be prepared by the applicant and submitted at least 20 days prior to the scheduled date of the project preapplication conference.
The project summary will be reviewed by Council staff and a report prepared for committee action which will include the aspects of the proposed project recommended for designation as regional issues of concern.
The project summary, along with the staff report, will be sent to committee members and to the appropriate reviewing agencies 10 days prior to the scheduled date of the project preapplication conference. The staff report will also be provided to the applicant 10 days prior to the scheduled date of the project preapplication conference.
Preapplication conferences, as needed, shall be held once a month during the regularly scheduled Clearinghouse Review Committee meetings.
The applicant, Council staff and reviewing agencies shall be provided the opportunity to identify areas of concern with the proposed projects during the preapplication conference.
A list of regional issues specific to the project, as approved by the committee, shall be provided 10 days following the preapplication conference to the developer for consideration during the preparation of the Application for Development Approval, as part of the follow-up correspondence reiterating the areas of agreement reached at the preapplication conference.

(c) A site inspection for committee members, other agency representatives and staff will be held, as needed, during the month following the preapplication conference and shall be scheduled for the mutual convenience of the parties involved.

(d) As necessary and upon the request of the Council or staff, the committee shall review and provide advice on matters relating to the Strategic Regional Policy Plan for the Tampa Bay Region and/or intergovernmental coordination and review.

(9) Other Committees: The Chair or Executive Director may appoint additional standing or special committees as deemed necessary. Appointments to special committees need not be limited to members of the Tampa Bay Regional Planning Council. All committee appointments shall be for the work year and shall expire with the term of the Chair.

History

Rulemaking Authority 120.53(1)(a), 163.01(2), (7)(a), (b), 186.504, 186.505 FS. Law Implemented 120.53(1)(a), 163.01(2), (7)(a), (b), 186.504, 186.505 FS. History–New 11-25-75, Amended 11-8-76, 11-19-79, 8-15-83, 10-21-84, Formerly 29H-1.05, Amended 3-9-09.

Fla. Admin. Code R. 29H-1.006 Meetings

(1) There shall be an annual General Meeting for the swearing in of officers and other business which shall be the December regular meeting of the Council.

(2) Regular meetings of the Council shall be held on the second Monday of each month or such other date as may be specified by the Council, except that the Council will not meet during January and July.

(3) Special meetings may be called by the Chair provided that ample notice is given to all members.

(4) A quorum of the Council shall consist of a simple majority of the total number of representatives. A quorum shall be required for the conduct of all official business. Each representative present shall vote on each question presented to the Council except in the event that a representative requests disqualification for cause. No one individual shall cast more than one vote on any one question. Any appointed representative may send an alternate to represent him/her at any meeting of the Council provided said alternate is duly appointed to the same member government governing body.

(5) The Secretary-Treasurer or designee shall keep minutes of each meeting and distribute a copy thereof to each voting member.

(6) All regular meetings, special meetings, workshops, and hearings held by the Tampa Bay Regional Planning Council and any of its Committees shall be open to the general public.

History

Rulemaking Authority 120.53(1)(a), 163.01, 163.01(5)(h), 186.504, 186.505 FS. Law Implemented 120.53(1)(a), 163.01(5)(c), 186.504, 186.505 FS. History–New 11-27-75, Amended 11-8-76, Formerly 29H-1.06, Amended 3-9-09.

Fla. Admin. Code R. 29H-1.007 Finances

(1) Fiscal/Work Year.

The work year and fiscal year of the Regional Planning Council shall be the 12 months beginning the first day of October and ending the 30th day of September.

(2) Yearly Membership Assessment.

Each member government shall pay basic dues of two thousand dollars ($2,000.00) per fiscal year. Each member county and member municipality located in a nonmember county in addition to the basic dues shall contribute such cash amount per capita on the total population of its county (City) as is required to make up the remainder of the adopted annual budget over and above the total of the members’ basic dues. The population base for calculating such pro-rata contribution shall be the most current reported for each county (city) in accordance with the official annual estimate of county (city) population established pursuant to Section 23.019, F.S.

(3) Payment of Dues and Assessments.

Dues and Assessments are due in full 30 days after adoption by the Council.

(4) Penalties.

Any member who does not remit its dues and assessed amount within 30 days after the first day of the fiscal year shall lose all voting privileges until payment is made.

(5) Service Charges.

The Council may set fees for its services commensurate with costs incurred therewith and provided such fees are not otherwise prohibited.

(6) In addition to annual dues, the Council may receive and accept in furtherance of its functions: gifts, grants, assistance funds, bequests, and services from federal, state, and local governments or their agencies and from private and community sources, and to expend therefrom such sums of money as shall be deemed necessary from time to time for the attainment of its objectives in accordance with all applicable laws.

(7) The Council shall maintain bank accounts including but not limited to checking and savings and may purchase short-term U.S. government securities, Certificates of Deposit, and conduct its finances in accordance with all applicable laws.

(8) All checks drawn on Council accounts shall be cosigned. The Chairman, Vice-Chairman, Secretary-Treasurer, the Council’s Executive Director, and Assistant Director are hereby designated as authorized fiscal signators.

(9) An independent auditor shall conduct an annual audit of the Council’s finances at the close of each fiscal year.

History

Rulemaking Authority 163.01, 163.01(5)(h) FS. Law Implemented 163.01(5)(d), 163.01(5)(e), 163.01(5)(g), 163.01(10)(b) FS. History–New 11-27-75, Amended 11-8-76, Formerly 29H-1.07.

Fla. Admin. Code R. 29H-1.008 Powers

The Council shall have all powers granted in the interlocal agreement established by the Council, including:

(1) To exercise powers granted by Chapters 23, 380 and Sections 163.01, 163.02, F.S., as now existing or as from time to time amended.

(3) To adopt rules of procedure and bylaws, to regulate its affairs and conduct its business.

(4) To adopt an official seal.

(5) To maintain office space at such places within the region as may from time to time be required in performance of its duties.

(6) To employ and set the compensation of the Executive Director, who shall serve at the pleasure of the Council. The Executive Director shall employ and discharge professional, technical or clerical staff as may be necessary to carry out the purposes of the Council.

(7) To authorize compensation for members of the Council for per diem, travel, and other reasonable expenses for meetings, hearings and other official business conducted outside the region’s boundaries.

(8) To hold public hearings, sponsor public forums, and conduct other activities whenever deemed necessary or useful in the execution of the functions of the Council.

(9) To acquire, own, operate, maintain, lease or sell real or personal property and hold title hereto in the name of the Council.

(10) To fix and determine in accordance with applicable laws by resolution rules and regulations relating to advertisement for bids, manner of bidding and amount below which same will not be required.

(11) To sue and be sued, implead and be impleaded, complain and defend, intervene and appeal, in all courts and administrative agencies.

(12) To accept gifts, apply for and use grants, assistance funds or bequests of money or other property from the United States, the state, a local unit of government or any person for any Council purpose and to enter into agreements required in connection therewith, and to hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan or agreement relating thereto.

(13) To make and enter into all contracts and agreements, and do and perform all acts and deeds necessary or incidental to the performance of its duties and the exercise of its powers.

(14) To prescribe all terms and conditions for the employment of officers, employees and agents including but not limited to the fixing of pay and classification plans, benefits, and the filing of performance and fidelity bonds and such policies of insurance covering itself and employees as it may deem advisable.

(15) To participate with other government agencies, educational institutions, and private organizations in the coordination of the activities above.

(16) To determine and collect charges or fees for the provision of assistance for special services and for reviews and referrals.

(17) To select and appoint such advisory bodies as the Council may find appropriate for the conduct of its activities.

History

Rulemaking Authority 163.01, 163.01(4), (5)(b), (c), (h), 186.504, 186.505 FS. Law Implemented 163.01(5)(a), (g), (h), (j), (m), (10)(b), 186.504, 186.505 FS. History–New 11-27-75, Formerly 29H-1.08, Amended 3-9-09.

Fla. Admin. Code R. 29H-1.009 Amendments

These rules shall be amended by the affirmative vote of a majority of the representatives to the Regional Planning Council. All proposed amendments shall be voted on at a regular meeting, the call of which meeting shall have included notice of the proposed amendment.

History

Rulemaking Authority 163.01 FS. Law Implemented 163.01(5)(h) FS. History–New 11-27-75, Formerly 29H-1.09.

Fla. Admin. Code R. 29H-1.010 Information Inquiries and Submissions

(1) The principal office of the Tampa Bay Regional Planning Council is located at 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, Florida 33782. The office hours are Monday through Friday, from 8:30 a.m. to 5:00 p.m. All official forms, publications or documents of the Tampa Bay Regional Planning Council are available for public inspection at the Council’s principal office during regular business hours.

(2) All documents filed with the Council shall be submitted in original printed form (“hard copy”) and in electronic form unless the nature of the submission, or any part thereof, would result in an undue burden for the originator or the Council, in which case a hard copy will suffice.

(3) Copies of the Council’s forms, publications, and official documents prepared for public dissemination are available for inspection and copying in accordance with the public records law.

History

Rulemaking Authority 120.53(1)(a), 163.01(5)(h), 186.504, 186.505 FS. Law Implemented 120.53(1)(a), 163.01(5)(h), 186.504, 186.505 FS. History–New 11-27-75, Amended 11-19-79, Formerly 29H-1.10, Amended 3-9-09.

Chapter 29H-2 AGENDA AND SCHEDULING OF MEETINGS AND WORKSHOPS

Fla. Admin. Code R. 29H-2.0001 Purpose

The purpose of this Chapter 29H-2, F.A.C., is to establish rules of procedure for the agenda and scheduling of meetings and workshops. The Council shall follow the Model Rules of Procedure, Chapter 28-102, F.A.C., of the Administration Commission, as amended from time to time.

History

Specific Authority 120.53(1), 186.504, 186.505 FS. Law Implemented 120.53(1), 186.504, 186.505 FS. History–New 11-8-76, Formerly 29H-2.001, Amended 1-27-09.

Fla. Admin. Code R. 29H-2.001 Notice of Meeting

History

Specific Authority 120.53 FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-2.01, Repealed 1-27-09.

Fla. Admin. Code R. 29H-2.003 Agenda of Meetings and Workshops

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-2.03, Repealed 1-27-09.

Fla. Admin. Code R. 29H-2.007 Emergency Meetings

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-2.07, Repealed 1-27-09.

Chapter 29H-3 RULE-MAKING PROCEEDING

Fla. Admin. Code R. 29H-3.0001 Purpose

The purpose of this Chapter, 29H-3, F.A.C., is to establish rules of procedure to govern rule-making proceedings. The Council shall follow the Model Rules of Procedure, Chapter 28-103, F.A.C., of the Administration Commission, as amended from time to time.

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.001, Amended 1-27-09.

Fla. Admin. Code R. 29H-3.001 Commencement of Proceeding

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.01, Repealed 1-27-09.

Fla. Admin. Code R. 29H-3.003 Notice of Proceeding, and the Proposed Rules

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.03, Repealed 1-27-09.

Fla. Admin. Code R. 29H-3.007 Content of Notice

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.07, Repealed 1-27-09.

Fla. Admin. Code R. 29H-3.011 Petitions to Initiate Rule-making Proceedings

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.11, Repealed 1-27-09.

Fla. Admin. Code R. 29H-3.013 Council Action on Petitions to Initiate Rule-making Proceedings

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.13, Repealed 1-27-09.

Fla. Admin. Code R. 29H-3.015 Rules Effective Prior to January 1, 1975

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.15, Repealed 1-27-09.

Fla. Admin. Code R. 29H-3.031 Rule-making Proceeding ‒ Hearing

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.31, Repealed 1-27-09.

Fla. Admin. Code R. 29H-3.035 Description of Publication by Reference

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.35, Repealed 1-27-09.

Fla. Admin. Code R. 29H-3.037 Emergency Rule Hearing

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-3.37, Repealed 1-27-09.

Chapter 29H-4 DECLARATORY STATEMENTS

Fla. Admin. Code R. 29H-4.0001 Purpose

The purpose of this Chapter, 29H-4, F.A.C., is to establish rules of procedure for declaratory statement. The Council shall follow the Model Rules of Procedure, Chapter 28-105, F.A.C., of the Administration Commission, as amended from time to time.

History

Specific Authority 120.53(1), 186.504, 186.505 FS. Law Implemented 120.53(1), 120.565, 186.504, 186.505 FS. History–New 11-8-76, Formerly 29H-4.001, Amended 1-27-09.

Fla. Admin. Code R. 29H-4.001 General

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1), 120.565 FS. History–New 11-8-76, Formerly 29H-4.01, Repealed 1-27-09.

Fla. Admin. Code R. 29H-4.005 Purpose and Use of Declaratory Statement

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1), 120.565 FS. History–New 11-8-76, Formerly 29H-4.05, Repealed 1-27-09.

Fla. Admin. Code R. 29H-4.007 Council Disposition

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1), 120.565 FS. History–New 11-8-76, Formerly 29H-4.07, Repealed 1-27-09.

Chapter 29H-5 DECISIONS DETERMINING SUBSTANTIAL INTERESTS

Fla. Admin. Code R. 29H-5.0001 Purpose

The purpose of this Chapter, 29H-5, F.A.C., is to establish rules of procedure for decisions determining substantial interests. The Council shall follow the Model Rules of Procedure, Chapter 28-106, F.A.C., of the Administration Commission.

History

Specific Authority 120.53(1), 186.504, 186.505 FS. Law Implemented 120.53(1), 186.504, 186.505 FS. History–New 11-8-76, Formerly 29H-5.001, Amended 1-27-09.

Fla. Admin. Code R. 29H-5.001 General

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.01, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.002 Parties to Proceedings

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.02, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.003 Appearances

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.03, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.007 Consolidation

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.07, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.008 Joinder of Parties

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.08, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.009 Disqualification

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.09, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.011 Pre-hearing Conference

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.11, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.013 Rule Proceedings Under Section 120.57, F.S

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.13, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.015 Requests for Formal and Informal Proceedings

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.15, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.022 Amendment of Petitions

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.22, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.025 Formal Proceedings

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.25, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.027 Continuance of Hearing or Extension of Time

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.27, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.029 Subpoenas

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.29, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.031 Witness Fees

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.31, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.033 Transcript of Proceeding

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.33, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.035 Recommended Order and Report

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.35, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.041 Informal Proceedings

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.41, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.044 Submission of Evidence

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.44, Repealed 1-27-09.

Fla. Admin. Code R. 29H-5.051 Final Orders

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-5.51, Repealed 1-27-09.

Chapter 29H-7 COUNCIL EXEMPTION FROM CHAPTER 120 F.S., AND MODEL RULES

Fla. Admin. Code R. 29H-7.0001 Purpose

The purpose of this Chapter, 29H-7, F.A.C., is to establish rules of procedure whereby the Council may seek exemption from Chapter 120, F.S., and the Model Rules. The Council shall follow the Model Rules of Procedure, Chapter 28-108, F.A.C., of the Administration Commission, as amended from time to time.

History

Specific Authority 120.53(1), 186.504, 186.505 FS. Law Implemented 120.53(1), 186.504, 186.505 FS. History–New 11-8-76, Formerly 29H-7.001 Amended 1-27-09.

Fla. Admin. Code R. 29H-7.001 Petition for Exemption or Modification

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-7.01, Repealed 1-27-09.

Fla. Admin. Code R. 29H-7.005 Public Hearing

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-7.05, Repealed 1-27-09.

Fla. Admin. Code R. 29H-7.007 Renewal of Exemption

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-7.07, Repealed 1-27-09.

Fla. Admin. Code R. 29H-7.009 Amendment of Model Rules

History

Specific Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-7.09, Repealed 1-27-09.

Chapter 29H-8 DRI REVIEW PROCEDURES

Fla. Admin. Code R. 29H-8.001 General

This chapter contains procedures and requirements of the Council which are in addition to the laws, rules and regulations of State and local government applicable to the review of a development of regional impact (DRI).

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-8.01.

Fla. Admin. Code R. 29H-8.002 Fees

A review fee shall be paid by each applicant prior to the commencement of the Council’s initial, subsequent or substantial deviation review of a Development of Regional Impact Application for Development Approval, Areawide Application for Development Approval and Florida’s Quality Development Review pursuant to Chapter 380, F.S. Substantial Deviation, incremental or subsequent review fees shall be payable for each separate review subsequent to, or required by, any Development of Regional Impact Development Order. The applicant shall remit said fee, in accordance with Rule 9J-2.0252, F.A.C., as amended from time to time. For Other Reviews, including but not limited to Development Order Amendments, the fee for the Council’s review shall be $100 per hour.

History

Rulemaking Authority 120.053(1), 186.504, 186.505, 186.505(12) FS. Law Implemented 120.053(1), 186.504, 186.505, 186.505(12) FS. History–New 11-8-76, Amended 11-19-79, 3-29-82, 10-14-82, 4-26-84, 11-14-85, Formerly 29H-8.02, Amended 5-28-86, 6-10-87, 7-3-88, 1-27-09.

Fla. Admin. Code R. 29H-8.003 Number of Copies of the ADA

The applicant will submit copies of all required and requested information in the number of copies requested by the Council in accordance with directives from the state land planning agency.

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Amended 3-29-82, Formerly 29H-8.03.

Fla. Admin. Code R. 29H-8.004 Site Inspection and Conference

A date for a site inspection and conference with the developer, authorized agent and/or project consultant will be established by mutual agreement to occur subsequent to submission of the ADA but prior to the setting of the final public hearing.

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Formerly 29H-8.04.

Fla. Admin. Code R. 29H-8.005 Additional Information Form

The applicant shall be requested to supply additional information by completing in full the following form which is hereby adopted by reference: “Addendum Application,” dated July, 1981.

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-8-76, Amended 3-29-82, Formerly 29H-8.05.

Fla. Admin. Code R. 29H-8.006 Regional Issues

Final recommendations for a DRI project approval or denial, or identification of conditions or approval in a final DRI report by the Council shall concern only those issues referenced in the Council’s adopted growth policy, “Future of the Region: A Strategic Regional Policy Plan for the Tampa Bay Region”.

History

Rulemaking Authority 120.53(1), 186.504, 186.505 FS. Law Implemented 120.53(1), 186.504, 186.505, 380.06(22)(b) FS. History–New 3-29-82, Formerly 29H-8.06, Amended 1-27-09.

Fla. Admin. Code R. 29H-8.007 Questions to be Eliminated From the ADA

If an applicant proposes to eliminate any of the required DRI questions from the application, or TBRPC addendum application, a list shall be submitted to TBRPC for consideration with the summary narrative prepared by the applicant. Agreement reached at the pre-application conference will be binding on all parties.

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 380.06(7)(b) FS. History–New 3-29-82, Formerly 29H-8.07.

Fla. Admin. Code R. 29H-8.008 Project Summary

A summary of the proposed project shall be prepared by the applicant and ten (10) hard copies and one (1) electronic copy submitted to the Council staff at least twenty (20) working days prior to the pre-application meeting for distribution to reviewing agencies. This summary shall include a legal property description; a general description of the proposed project in appropriate detail, general location map, proposed conceptual master site plan, transportation impact area, environmental features, predevelopment site conditions and surrounding land use.

History

Rulemaking Authority 120.53(1), 186.504, 186.505 FS. Law Implemented 120.53(1), 186.504, 186.505 FS. History–New 3-29-82, Formerly 29H-8.08, Amended 1-27-09.

Chapter 29H-9 REVIEW CRITERIA

Fla. Admin. Code R. 29H-9.001 Purpose

In carrying out its various assigned responsibilities for review and comment, the Council shall use adopted review criteria in addition to any applicable government regulations and generally accepted professional standards.

History

Specific Authority 120.53(1)(a), 380.06(14)(b) FS. Law Implemented 120.53(1)(a), 380.06(14)(b) FS. History–New 11-19-79, Formerly 29H-9.01.

Fla. Admin. Code R. 29H-9.003 Review Criteria

The following official publication of the Tampa Bay Regional Planning Council is hereby adopted, and incorporated by reference, with the exception of Appendix D, 2004 Indicators Report, as specific review criteria: Future of the Region: A Strategic Regional Policy Plan for the Tampa Bay Region, 2005. The publication may be obtained by contacting the Tampa Bay Regional Planning Council offices at 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, Florida 33782; Telephone (727) 577-5151 or at the Council’s website: http://www.tbrpc.org.

History

Specific Authority 186.507, 186.508 FS. Law Implemented 186.507, 186.508 FS. History–New 3-12-96, Amended 11-25-98, 10-19-05.

Chapter 29H-11 INFORMAL MEDIATION PROCESS

Fla. Admin. Code R. 29H-11.001 Initiation of Mediation

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.01, Repealed 1-27-09.

Fla. Admin. Code R. 29H-11.002 Appointment of Mediator

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.02, Repealed 1-27-09.

Fla. Admin. Code R. 29H-11.003 Qualifications of a Mediator

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.03, Repealed 1-27-09.

Fla. Admin. Code R. 29H-11.004 Time and Place of Mediation

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.04, Repealed 1-27-09.

Fla. Admin. Code R. 29H-11.005 Identification of Matters in Dispute

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.05, Repealed 1-27-09.

Fla. Admin. Code R. 29H-11.006 Authority of Mediator

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.06, Repealed 1-27-09.

Fla. Admin. Code R. 29H-11.007 Record of Proceeding

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.07, Repealed 1-27-09.

Fla. Admin. Code R. 29H-11.008 Termination of Mediation

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.08, Repealed 1-27-09.

Fla. Admin. Code R. 29H-11.009 Fee Schedule

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 186.509 FS. History–New 10-30-85, Formerly 29H-11.09, Repealed 1-27-09.

Chapter 29H-12 LOCAL GOVERNMENT COMPREHENSIVE PLAN REVIEWS

Fla. Admin. Code R. 29H-12.001 General

(1) The Council is primarily responsible for reviewing the relationship, effect and compliance of the local plan or amendment with the adopted Comprehensive Regional Policy Plan pursuant to Chapter 163, Part II, Florida Statutes. In order to comply with the requirements placed on the Council by the statutes, this rule provides for a Local Government Comprehensive Plan (LGCP) review fee to local governments in accordance with the following schedule:

(2) Review Fee.

(a)1. A base review fee as follows:

POPULATION AMOUNT

Under 5,000 $1,000

5,000-20,000 $2,000

Over 20,000 $3,000

In addition, four cents per capita will be charged, based on the Bureau of Economic and Business Research's most recent population estimates. No fee shall exceed $10,000.

(b) The full review fee shall be paid to Tampa Bay Regional Planning Council concurrent with the required submittal of the Local Government Comprehensive Plan package to the Department of Community Affairs.

(c) In lieu of fee, Council member governments shall pay a special assessment dues according to formula in paragraph (2)(a).

(d) A fee of $35.00 per hour shall be charged for review of amendments to a Local Government Comprehensive Plan and shall be due upon receipt of an invoice from the Tampa Bay Regional Planning Council.

(e) Local Government Comprehensive Plan review fees are non-refundable.

History

Specific Authority 120.53(1)(a), 186.505(12) FS. Law Implemented 120.53(1)(a), 186.505(12) FS. History–New 1-1-89.

Chapter 29H-13 DISPUTE RESOLUTION PROCESS

Fla. Admin. Code R. 29H-13.001 Purpose

In recognition of the regional planning council’s role as a mediator and conciliator, a voluntary regional dispute resolution process (DRP) is hereby established to reconcile differences on planning and growth management issues among local governments, regional agencies, port master plans, and private interests. This DRP shall not be utilized to address disputes involving environmental permits or other regulatory matters unless requested to do so by the parties involved. Components of the DRP include: process initiation; situation assessments; voluntary mediation; advisory arbitration; and settlement agreements.

History

Rulemaking Authority 163.3177(6)(h)1., 163.3177(6)(h)2., 163.3178(5), 186.505(1), 186.505(20), 186.509 FS. Law Implemented 163.3177, 163.3178, 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.002 Definitions

(1) ADVISORY ARBITRATION is a process where a neutral third person or panel listens to the facts and arguments presented by the parties and renders a non-binding decision.

(2) CERTIFICATE OF SERVICE is when a party shall certify in substance:

“I certify that copy hereof has been furnished to (here insert name or names) by (delivery) (mail) this _______ day of ________.

__________________”

Party

and shall be taken as proof of such service.

(3) CROSS-JURISDICTIONAL DISPUTE is a dispute which involves more than one jurisdiction.

(4) DISPUTE RESOLUTION PROCEDURES include facilitation, mediation, and advisory arbitration processes in which a neutral person assists disputing parties to resolve their dispute. The three processes differ in the kind of assistance the neutral person offers.

(5) FACILITATION is a process where a 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.

(6) INFORMAL NEGOTIATIONS include staff discussions, meetings, document exchanges, coordination committees, task forces, etc.

(7) JURISDICTION is any local government, special district, or regional agency.

(8) MEDIATION is a process where a neutral person acts to encourage and facilitate the resolution of a dispute without prescribing what the resolution should be. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement. A mediator helps the parties explore their interests and develop and evaluate options for resolving their dispute.

(9) PARTY is any jurisdiction, organization, group or individual that is named in a petition or is invited to participate in settlement of a dispute by the named parties.

(10) PERSON is any jurisdiction, organization, group or individual that is not named in a petition.

(11) SITUATION ASSESSMENT is a process of information collection involving interviews and review of documents leading to a written report(s) identifying: the issues in dispute; the stakeholders; information needed before a decision can be made; and a recommendation on the best dispute resolution procedures.

History

Rulemaking Authority 186.505(1), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.003 Process and Intent

(1) The objective of the DRP is to provide a procedure to reconcile differences on planning and growth management issues that will:

(a) Clearly identify and resolve problems as early as possible.

(b) Utilize DRP components in a low-to-high-cost sequence.

(d) Provide for appropriate involvement of affected and responsible parties.

(e) Provide as much process certainty as possible.

(2) The DRP contemplates the use of the following procedures: initiation period; informal negotiation; settlement period; mediation; advisory arbitration; and administrative or judicial action, as appropriate. The resolution of an issue through the DRP shall not alter any person’s right to a judicial or administrative determination of any issue if that person is entitled to such a determination under statutory or common law.

(3) It is permissible to move forward or backward and have cooling off periods within the DRP.

History

Rulemaking Authority 186.505(1), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.004 Initiation of Procedure

(1) A potential party may request an informal pre-initiation consultation prior to the submission of a petition in order to ascertain whether the issue(s) or impact(s) identified meet the purpose of this rule.

(2) Jurisdictions may initiate petitions. Local governments may initiate petitions on behalf of a private interest.

(3) Any dispute cognizable under Florida Statutes shall be automatically accepted into the dispute resolution process.

(4) A private interest who has demonstrated the existence of a cross-jurisdictional dispute may initiate the DRP after they have clearly made a good faith effort to resolve the dispute at the local level. The existence of the cross-jurisdictional dispute and good faith effort shall be verified by the Council or other neutral third person prior to the initial meeting.

(5) Petitions shall be filed with the Chairman or Executive Director of the Council. The petition shall be signed by an authorized official of the jurisdiction or private interest. The petition shall clearly state that it is the intention of the petitioner to initiate and participate in the DRP described herein; shall specify the issues of dispute; and shall identify the affected party(ies). The petitioner shall provide, by certified mail, a copy of the petition to all parties involved in the dispute at the time of filing of the original with the Council. Named parties shall have twenty (20) calendar days to notify the Council of their intention to voluntarily participate in the DRP or otherwise respond.

(6) Upon the receipt of a petition, the Council shall assess its interest in the dispute. In case of potential conflict or where the Council is a named party, the Council will notify the other parties of the nature of the Council’s interest to determine whether an outside facilitator for the initial settlement meeting is desired.

(7) If the Council is not a named party and does not see itself as a potential party, it shall convene an initial meeting within twenty (20) days of receiving notice of intent to participate. This meeting shall take place at the Council on a day and at a time convenient to all parties, or at an alternate location that is convenient to all parties.

History

Rulemaking Authority 163.3177(6)(h)1., 163.3177(6)(h)2., 163.3178(5), 186.505(1), 186.505(10), 186.505(20), 186.509 FS. Law Implemented 163.3177, 163.3178, 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.005 Notice - Point of Entry

(1) Persons other than the named parties to a pending proceeding, who are not otherwise represented and who desire to become parties, may request of the parties leave to intervene. Petitions for leave to intervene must be filed at least five (5) days before any settlement meeting, voluntary mediation, or advisory arbitration, with copies provided to all parties of record and shall include allegations sufficient to demonstrate that the intervenor is an affected party and entitled to participate in the proceeding. The parties must approve entry of additional parties.

(2) Persons refusing to enter the process initially may not enter the process at a later date unless agreeable to all the participating parties.

(3) All notices, communications or other pleadings shall be provided at the time of filing to all parties and a certificate of service shall accompany all said documents.

History

Rulemaking Authority 186.505(1), 186.505(17), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.006 Situation Assessment

(1) Situation assessment is intended to examine the nature of the dispute and impact; identify the affected and involved [potential] parties; and assist the parties to evaluate appropriate resolution procedure options.

(2) Situation assessments may be conducted, as requested, throughout the DRP in order to ensure that new relevant information or the identification of additional affected persons is considered.

(3) Situation assessments shall be conducted by the Council staff unless the Council is a party to the DRP or where a conflict of interest may exist. In such case, an outside person, agreed to by the involved parties, shall conduct the situation assessment.

History

Rulemaking Authority 186.505(1), 186.505(10), 186.505(20), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.007 Settlement Meetings

(1) Settlement meetings may occur at any point and shall, at a minimum, be attended by the chief administrators or other authorized decision makers of the named parties.

(2) Settlement meetings may be facilitated by a Council staff member or, if the Council is a party, other neutral facilitator acceptable to the parties and shall be held at a time acceptable to the parties.

(3) At a settlement meeting, the parties shall review the issues to be addressed, present their concerns and constraints, explore options for a solution, and seek agreement.

(4) If no agreement is reached at an initial settlement meeting, the parties shall, at a minimum, prepare a joint report that includes:

(a) A description of the issues discussed and whether any were resolved;

(b) A list of potentially affected or involved individuals or agencies (including those which may not be parties);

(c) A description of agreed upon next steps, if any, and a time frame for starting and ending: informal negotiations, additional settlement meetings, mediation, arbitration, joint meeting of elected bodies, administrative hearing or litigation; and

(d) If any additional Council assistance is requested. The report shall include exhibits any party wishes to include.

(5) Any party who has agreed to participate in the DRP may proceed to a judicial determination of any issue if that party is entitled to such a determination under statutory or common law.

History

Rulemaking Authority 186.505(1), 186.505(10), 186.505(20), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.008 Mediation

(1) If the parties submit a request for mediation to the Council, the Council shall assist the parties to select and retain an impartial mediator or the parties may request that the Council select a mediator, or serve as mediator.

(2) The party initiating mediation shall report the results to the Council at the conclusion of the mediation.

History

Rulemaking Authority 186.505(1), 186.505(10), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.009 Advisory Arbitration

(1) If the parties submit a request for advisory arbitration to the Council, the Council shall assist the parties to select and retain an impartial arbitrator or the parties may request that the Council select an arbitrator or serve as arbitrator.

(2) The party initiating arbitration shall report the results to the Council at the conclusion of the arbitration.

History

Rulemaking Authority 186.505(1), 186.505(10), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.010 Form of Settlement Agreement

The actual form of the settlement agreement shall be determined by the parties involved and may be in the form of an interlocal agreement, concurrent resolutions, a signed agreement or other form that may be agreed to by the parties. Upon settlement of the dispute, the participants shall provide a copy of the agreement to the Council.

History

Rulemaking Authority 186.505(1), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.011 Other Existing Resolution Processes

In addition to the process outlined in Section 186.509, F.S., other resolution processes exist within the Florida statutes, including, but not limited to, the following: Intergovernmental Coordination Element, Sections 163.3177(6)(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 Process, Section 186.505(22), F.S.; Location of Spoil Sites, Section 380.32(14), F.S.; Termination of the Development of Regional Impact Program, Section 380.27, 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.

History

Rulemaking Authority 186.505(1), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.012 Role of the Regional Planning Council/Regional Planning Council Staff

(1) The Council shall be responsible for the implementation of this rule. The Council staff or designee shall serve as facilitator and shall perform the administrative procedures necessary to implement the process set forth in this rule. A Council member, staff or designee may serve as a mediator or an arbitrator.

(2) Administrative duties to be provided by the Council staff may include:

(a) Conducting pre-initiation meetings;

(b) Administering procedures related to process initiation;

(d) Verify the cross-jurisdictional nature of the disputes and good faith efforts, pursuant to subsection 29H-13.004(3), F.A.C.;

(e) Maintaining lists of qualified mediators, pursuant to Rule 29H-13.013, F.A.C.;

(f) Securing the services of mediators, as needed;

(g) Arranging for the appropriate meeting(s); and

(h) Invoicing.

(3) The Council shall provide a copy of the petition to any party identified through the situation assessment process not previously identified.

History

Rulemaking Authority 186.504, 186.505(1), (10), (12), (17), (20), 186.509 FS. Law Implemented 186.504. 186.505, 186.509 FS. History–New 4-10-94, Amended 1-27-09.

Fla. Admin. Code R. 29H-13.013 Qualifications of the Mediator

Parties shall select a mediator who is on the Florida Growth Management Conflict Resolution Consortium rosters, or who is certified by the Florida Supreme Court, or any other mutually acceptable mediator.

History

Rulemaking Authority Chapter 44, 186.505(1), 186.509 FS. Law Implemented 186.509 FS. History–New 4-10-94.

Fla. Admin. Code R. 29H-13.014 Compensation for Regional Planning Council and Mediator

The Council shall be reimbursed for dispute resolution services performed by a Council member, staff or designee at an amount to be agreed upon plus any additional out-of-pocket expenses. Outside professional mediators shall be paid at their standard rate. The expenses of the Council and the professional mediator may be shared equally or in accordance with an agreed upon formula by the parties involved in the dispute. The parties shall enter into a fee agreement at the initial meeting.

History

Rulemaking Authority 186.504, 186.505, 186.505(1), 186.505(12), 186.505(19) FS. Law Implemented 186.504, 186.505, 186.509 FS. History–New 4-10-94, Amended 1-27-09.

Division 29K Treasure Coast Regional Planning Council

Chapter 29K-1 ORGANIZATION, PURPOSE AND OPERATION

Fla. Admin. Code R. 29K-1.001 Organization

History

Rulemaking Authority 120.53(1), 160, 163 FS. Law Implemented 120.53(1), 160, 163 FS. History–New 1-12-77, Amended 11-11-80, Formerly 29K-1.01, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.002 Purpose

History

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. History–New 1-12-77, Amended 11-11-80, Formerly 29K-1.02, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.003 Definitions

History

Rulemaking Authority 186.505 FS. Law Implemented 186.504 FS. History–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.

Fla. Admin. Code R. 29K-1.004 Membership, Voting and Term of Office

History

Rulemaking Authority 186.505 FS. Law Implemented 186.504 FS. History–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.

Fla. Admin. Code R. 29K-1.005 Vacancies

History

Rulemaking Authority 120.53(1), 160, 163 FS. Law Implemented 120.53(1), 160, 163 FS. History–New 1-12-77, Formerly 29K-1.05, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.006 Removal From Office

History

Rulemaking Authority 120.53(1), 160.02(1), 163 FS. Law Implemented 120.53(1), 160.02(1), 163 FS. History–New 1-12-77, Amended 11-11-80, 9-5-82, Formerly 29K-1.06, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.007 Officers, Term of Office and Duties

History

Rulemaking Authority 120.53(1), 160.02(1), 163 FS. Law Implemented 120.53(1), 160.02(1), 163 FS. History–New 1-12-77, Amended 11-11-80, 9-5-82, Formerly 29K-1.07, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.008 Meetings

History

Rulemaking Authority 120.53(1), 160.02(1), 163 FS. Law Implemented 120.53(1), 160.02(1), 163 FS. History–New 1-12-77, Amended 11-11-80, 9-5-82, Formerly 29K-1.08, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.009 Finances

History

Rulemaking Authority 120.53(1), 160, 163 FS. Law Implemented 120.53(1), 160, 163 FS. History–New 1-12-77, Amended 6-17-80, 11-11-80, Formerly 29K-1.09, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.010 Powers

History

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. History–New 1-12-77, Amended 11-11-80, Formerly 29K-1.10, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.011 Staff

History

Rulemaking Authority 120.53(1), 160, 163 FS. Law Implemented 120.53(1), 160, 163 FS. History–New 1-12-77, Amended 11-11-80, Formerly 29K-1.11, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.012 Committees

History

Rulemaking Authority 120.53(1), 160, 163 FS. Law Implemented 120.53(1), 160, 163 FS. History–New 1-12-77, Amended 8-7-77, 11-11-80, Formerly 29K-1.12, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.013 Plans, Studies, Activities, and Reports

History

Rulemaking Authority 120.53(1), 160, 163 FS. Law Implemented 120.53(1), 160, 163 FS. History–New 1-12-77, Amended 11-11-80, Formerly 29K-1.13, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.014 Procedure

History

Rulemaking Authority 120.53(1), 160.01(1), 163 FS. Law Implemented 120.53(1), 160.01(1), 163 FS. History–New 1-12-77, Amended 6-5-79, 11-11-80, 9-5-82, Formerly 29K-1.14, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.015 Withdrawal and Dissolution

History

Rulemaking Authority 120.53(1), 160, 163 FS. Law Implemented 120.53(1), 160, 163 FS. History–New 1-12-77, Amended 11-11-80, Formerly 29K-1.15, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.016 Compensation and Expenses of Members

History

Rulemaking Authority 120.53(1), 160, 163 FS. Law Implemented 112.061, 120.53(1), 160, 163 FS. History–New 1-12-77, Amended 8-7-77, 11-11-80, Formerly 29K-1.16, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.017 Amendments

History

Rulemaking Authority 120.53(1), 160.02(1), 163 FS. Law Implemented 120.53(1), 160.02(1), 163 FS. History–New 1-12-77, Amended 9-5-82, Formerly 29K-1.17, Repealed 12-4-06.

Fla. Admin. Code R. 29K-1.019 Information Request

History

Rulemaking Authority 120.53(1), 160.02(1), 163 FS. Law Implemented 120.53(1), 160.02(1), 163 FS. History–New 1-12-77, Amended 9-5-82, Formerly 29K-1.19, Repealed 12-4-06.

Chapter 29K-2 DEVELOPMENTS OF REGIONAL IMPACT

Fla. Admin. Code R. 29K-2.006 Preapplication Conference

History

Rulemaking Authority 380.06(7)(a) FS. Law Implemented 380.06(7)(a) FS. History–New 11-1-82, Formerly 29K-2.06, Repealed 10-29-12.

Fla. Admin. Code R. 29K-2.007 Exempting Questions

History

Rulemaking Authority 380.06(7)(b) FS. Law Implemented 380.06(7)(b) FS. History–New 11-1-82, Amended 7-22-84, Formerly 29K-2.07, Repealed 2-17-21.

Chapter 29K-3 REVIEW PROCEDURES

Fla. Admin. Code R. 29K-3.001 Intergovernmental Coordination and Review Procedures

History

Rulemaking Authority 120.53(1), 163.01 FS. Law Implemented 120.53(1), 163.01 FS. History–New 7-14-77, Amended 7-19-84, Formerly 29K-3.01, Repealed 10-29-12.

Chapter 29K-4 TREASURE COAST REGIONAL DISPUTE RESOLUTION PROCESS

Fla. Admin. Code R. 29K-4.010 Purpose

(a) Process initiation (initiation and response letters),

(b) Settlement meetings, and five optional components:

Pre-initiation meetings,
Situation assessments,
Mediation,
Advisory decision-making, and
Reference to other dispute resolution processes (judicial, administrative or arbitration proceedings).

(2) The intent of the RDRP is to provide a flexible process to reconcile differences on planning and growth management issues that will: clearly identify and resolve problems as early as possible; utilize the procedures in a low-to-high cost sequence; allow flexibility in the order in which the procedures are used; provide for the appropriate involvement of affected and responsible parties; and provide as much process certainty as possible.

(3) The RDRP may be used to resolve disputes involving: extrajurisdictional impacts as provided for in the intergovernmental coordination elements of local comprehensive plans, as required by Section 163.3177, F.S.; inconsistencies between port master plans and local comprehensive plans, as required by Section 163.3178, F.S.; the siting of community residential homes, as required by Section 419.001(5), F.S.; and any other matters covered by statutes which reference the RDRP.

(4) The RDRP shall not be used to address disputes involving environmental permits or other regulatory matters unless all of the parties involved agree to initiate use of the RDRP.

(5) Use of the RDRP shall not alter a jurisdiction’s, organization’s, group’s or individual’s right to a judicial or administrative determination of any issue if that entity is entitled to such a determination under statutory or common law.

(6) 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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.011 Definitions

(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.

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.012 Participation

(1) Named parties shall automatically be allowed to participate. Other jurisdictions, public or private organizations, groups, or individuals, suggested by named parties in response letters or during RDRP meetings or submitting a petition to participate, shall be allowed to become named parties if agreed to by a two-thirds majority of the participating named parties, except as provided for in subsection 29K-4.012(2), F.A.C. Fee allocation agreements will be amended as appropriate.

(2) All initiation and response letters made in accordance with intergovernmental coordination elements (ICE) of local government comprehensive plans shall only list affected local government jurisdictions as named parties. The named parties may at the initial settlement or at subsequent RDRP meetings add public or private named parties by mutual agreement of all the current named parties.

(3) Other jurisdictions, public or private organizations, groups or individuals seeking to become named parties shall submit to the regional planning council staff, a written petition to participate, including reasons for the request and information required in subsection 29K-4.019(2), F.A.C. Such jurisdictions, public or private organizations, groups, or individuals shall become named parties if agreed to by a two-thirds majority of the named parties, prior to or during RDRP meetings; except as pursuant to subsection 29K-4.012(2), F.A.C. Named parties who do not respond within 21 days of the initiation letter may not participate in the RDRP unless they submit a petition for participation.

(6) All communications by a named party called for in this process shall be submitted to all other named parties and the RPC staff in writing.

(7) All named parties who agree to participate in this process commit to a good faith effort to resolve problems or disputes.

(8) Any named party may withdraw from participation in the RDRP upon written notice to all other named parties and the RPC staff.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.013 Costs

(1) There shall be no charge for processing a RDRP initiation request and facilitation at the initial settlement meeting. The RPC shall be compensated for situation assessments, facilitation of additional settlement meetings, mediation, advisory decision-making, 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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.014 Time Frames

(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 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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.015 Administrative Protocols

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, selection of neutrals, consumer guides or other matters. Where required pursuant to Section 120.52, F.S., policies and guidelines should be adopted as rules.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.016 Public Notice, Records, and Confidentiality

(2) Applicable public notice and public records requirements shall be observed as required by Chapters 119 and 120, F.S.

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.017 Pre-Initiation Meeting

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.018 Situation Assessment

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.019 Initiation of the Process by Jurisdictions

(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 29K-4.012(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 of a representative to initiate requests to use the RDRP.

(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 the receipt of initiation letter. 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.

(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.020 Requests to Initiate Submitted by Others

(1) Private interest 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 29K-4.019(5), F.A.C. Such a request shall be submitted in writing and shall include the information required for in an initiation letter in subsection 29K-4.019(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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.021 Settlement Meetings

(1) Settlement meetings shall, at a minimum, be attended by the named parties’ representatives designated pursuant to subsection 29K-4.012(4), 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.

(4) The parties shall submit a settlement meeting report in accordance with subsection 29K-4.024(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 from the RDRP or proceed to: a joint meeting of governing bodies pursuant to Chapter 164, F.S., litigation, an administrative hearing or arbitration, as appropriate.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.022 Mediation

(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.

(3) The parties shall submit a mediation report in accordance with subsection 29K-4.024(4), F.A.C., of this process.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.023 Advisory Decision-Making

(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 29K-4.024(4), F.A.C., at the conclusion of advisory decision-making.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Fla. Admin. Code R. 29K-4.024 Settlement Agreements and Reports

(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);

(d) Any additional RPC assistance requested;

(e) A 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.

History

Rulemaking Authority 186.509 FS. Law Implemented 186.509 FS. History–New 6-26-94.

Chapter 29K-5 REGIONAL COMPREHENSIVE POLICY PLAN

Fla. Admin. Code R. 29K-5.002 Strategic Regional Policy Plan

There is hereby adopted, for the Treasure Coast Region, the Strategic Regional Policy Plan of the Treasure Coast Regional Planning Council dated December 15, 1995, which is incorporated herein by reference and copies of which are kept at Council offices at: 3228 S. W. Martin Downs Boulevard, Suite 205, Palm City, Florida 32990.

History

Specific Authority 186.508(1) FS. Law Implemented 120.535(1), 186.507, 186.508(1) FS. History–New 2-28-96.

Division 29E Withlacoochee Regional Planning Council

Chapter 29E-1 ORGANIZATION

Fla. Admin. Code R. 29E-1.001 Organization

History

Rulemaking Authority 160.06 FS. Law Implemented 160.04(1) FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.002 Purpose

History

Rulemaking Authority 160.06, 160.07, 160.08, 163.01, 380.05, 380.06, 380.07 FS. Law Implemented 23.0114(1), 23.017, 160.02(1), 160.06, 160.07, 160.08, 163.01, 163.3184(1), 163.3184(3), 163.3204, 380.05(3), 380.05(7), 380.06, 403.508(4) FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.003 Definitions

History

Rulemaking Authority 160.06 FS. Law Implemented 160.06(1) FS. History–New 9-24-75, Amended 8-10-75, 12-10-80, Formerly 29E-1.03, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.004 Membership and Voting Privileges

History

Rulemaking Authority 186.504-.505 FS. Law Implemented 102.52, 163.01, 186.504-.505 FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.04, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.005 Term and Compensation of Members

History

Rulemaking Authority 186.505 FS. Law Implemented 102.52, 163.01, 186.505 FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.05, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.006 Powers

History

Rulemaking Authority 186.504 FS. Law Implemented 102.52, 163.02, 186.502-.505 FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.06, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.007 Officers

History

Rulemaking Authority 163.06 FS. Law Implemented 160.06(1) FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.07, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.008 Executive Committee

History

Rulemaking Authority 186.505(18) FS. Law Implemented 102.52, 163.01, 186.505 FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.08, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.009 Staff

History

Rulemaking Authority 186.505(4) FS. Law Implemented 102.52, 163.01, 186.505 FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.09, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.010 Office

History

Rulemaking Authority 186.505(3) FS. Law Implemented 102.52, 163.01, 186.502-.505 FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.10, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.011 Meetings

History

Rulemaking Authority 186.505(6) FS. Law Implemented 102.52, 163.01, 186.505 FS. History–New 9-24-75, Amended 5-9-76, 1-9-77, 8-10-78, 12-10-80, Formerly 29E-1.11, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.0121 Committees

History

Rulemaking Authority 186.505(1), (18) FS. Law Implemented 102.52, 163.01, 186.505 FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.121, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.013 Budget

History

Rulemaking Authority 186.505 FS. Law Implemented 102.52, 163.01, 186.505 FS. History–New 8-10-78, Amended 12-10-80, Formerly 29E-1.13, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.014 Finances

History

Rulemaking Authority 186.505(12) FS. Law Implemented 102.52, 163.01, 186.505 FS. History–New 8-10-78, Amended 12-10-80, Formerly 29E-1.14, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.016 Procedure for Presentation to Council

History

Rulemaking Authority 186.505(1) FS. Law Implemented 102.52, 163.01, 186.502-.505 FS. History–New 8-10-78, Amended 12-10-80, Formerly 29E-1.16, Amended 8-11-08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.017 Information Request – Inspection of Records

History

Rulemaking Authority 120.53(1), 160.06, 160.08 FS. Law Implemented 120.53(1), 160.06(16), 160.07, 160.08 FS. History–New 8-10-78, Amended 12-10-80, Formerly 29E-1.17, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.018 Public Access to Council

History

Rulemaking Authority 120.53(1), 160.06, 286.011 FS. Law Implemented 120.53(1), 160.06(6), 286.011(1), 286.26 FS. History–New 8-10-78, Amended 12-10-80, Formerly 29E-1.18, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.019 Statutory Chapters

History

Rulemaking Authority 120.53, 160.06 FS. Law Implemented 120.53(1) FS. History–New 8-10-78, Amended 12-10-80, Formerly 29E-1.19, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.021 Amendments

History

Rulemaking Authority 120.54, 120.545, 160.06, 163.01 FS. Law Implemented 120.54, 120.545, 160.06(1), 163.01(5) FS. History–New 9-24-75, Amended 8-10-78, 12-10-80, Formerly 29E-1.21, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-1.022 Plans, Activities and Reports

History

Rulemaking Authority 160.06, 160.07, 160.08 FS. Law Implemented 160.06(16), 160.06(17), 160.07, 160.08 FS. History–New 12-10-80, Formerly 29E-1.22, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-2 DEVELOPMENTS OF REGIONAL IMPACT (DRI)

Fla. Admin. Code R. 29E-2.001 DRI Review Authority

History

Rulemaking Authority 160.06, 160.07, 380.06, 380.07 FS. Law Implemented 380.06(7), (8), (9), (11), (12), (16), (17), (20), (21), (22), 380.07(2) FS. History–New 8-28-77, Amended 8-10-78, 6-10-81, Formerly 29E-2.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.002 Preapplication Conference

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(7), (8), (20), (21), (22) FS. History–New 6-10-81, Amended 10-13-83, Formerly 29E-2.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.003 Procedure for Filing an ADA

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(9), (22) FS. History–New 8-28-77, Amended 8-10-78, 6-10-81, 10-13-83, Formerly 29E-2.03, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.004 DRI-ADA Form

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(22) FS. History–New 8-28-77, Amended 8-10-78, 10-13-83, Formerly 29E-2.04, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.005 Request for DRI Reviews

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 160.06(5), (12), 380.06(9), (11), (22) FS. History–New 8-28-77, Amended 6-10-81, Formerly 29E-2.05, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.006 Agreement for Services

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 160.06(5), 380.06(9), (11), (22) FS. History–New 8-28-77, Amended 8-10-78, 6-10-81, 10-13-83, Formerly 29E-2.06, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.007 DRI Review Fees

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 160.06(5), (12), 380.06(9), (11), (22) FS. History–New 8-10-78, Amended 6-10-81, 10-13-83, Formerly 29E-2.07, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.008 Number of Copies of the ADA

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(9), (22) FS. History–New 8-10-78, Amended 6-10-81, Formerly 29E-2.08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.009 Site Inspection

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(9), (11), (22) FS. History–New 8-10-78, Amended 6-10-81, Formerly 29E-2.09, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.010 Sufficiency Review

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(9) FS. History–New 6-10-81, Formerly 29E-2.10, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.011 Full Review

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(11) FS. History–New 6-10-81, Formerly 29E-2.11, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.012 Appeal of a Development Order

History

Rulemaking Authority 160.06, 380.06, 380.07 FS. Law Implemented 380.07(2) FS. History–New 6-10-81, Formerly 29E-2.12, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.013 Binding Agreement on ADA Questions

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(7) FS. History–New 6-10-81, Formerly 29E-2.13, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.014 Substantial Deviation Determinations

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(17) FS. History–New 6-10-81, Formerly 29E-2.14, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-2.015 Monitoring Approved DRIs

History

Rulemaking Authority 160.06, 380.06 FS. Law Implemented 380.06(16) FS. History–New 6-10-81, Formerly 29E-2.15, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-3 RULE-MAKING PROCEEDING

Fla. Admin. Code R. 29E-3.001 Commencement of Proceeding

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.54 FS. History–New 8-10-78, Formerly 29E-3.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-3.002 Notice of Proceeding, and the Proposed Rules

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.54 FS. History–New 8-10-78, Formerly 29E-3.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-3.003 Petitions to Initiate Rule-making Proceedings

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.54 FS. History–New 8-10-78, Formerly 29E-3.03, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-3.004 Agency Action on Petitions to Initiate Rule-making Proceedings

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 8-10-78, Formerly 29E-3.04, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-3.005 Rule-making Proceeding – Hearing

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 8-10-78, Formerly 29E-3.05, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-3.006 Description of Publication by Reference

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 8-10-78, Formerly 29E-3.06, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-3.007 Amendments

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 8-10-78, Formerly 29E-3.07, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-3.008 Adoption and Effective Date

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 8-10-78, Formerly 29E-3.08, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-3.009 Emergency Rule Hearings

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 8-10-78, Formerly 29E-3.09, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-4 DECLARATORY STATEMENTS

Fla. Admin. Code R. 29E-4.001 General

History

Rulemaking Authority 120.53(1), 120.56(1) FS. Law Implemented 120.53(1), 120.56(1) FS. History–New 8-10-78, Formerly 29E-4.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-4.002 Purpose and Use of Declaratory Statement

History

Rulemaking Authority 120.53(1), 120.56(1) FS. Law Implemented 120.53(1), 120.56(1) FS. History–New 8-10-78, Formerly 29E-4.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-4.003 Agency Disposition

History

Rulemaking Authority 120.53(1), 120.56(1) FS. Law Implemented 120.53(1), 120.56(1) FS. History–New 8-10-78, Formerly 29E-4.03, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-5 AGENDA AND SCHEDULING OF PUBLIC MEETINGS, HEARINGS AND WORKSHOPS

Fla. Admin. Code R. 29E-5.001 Notice of Public Meeting, Hearing or Workshop

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53(1)(d) FS. History–New 8-10-78, Formerly 29E-5.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-5.002 Agenda of Public Meetings, Hearings and Workshops

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53(1)(d) FS. History–New 8-10-78, Formerly 29E-5.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-5.003 Emergency Meetings

History

Rulemaking Authority 120.53 FS. Law Implemented 120.53(1)(d) FS. History–New 8-10-78, Formerly 29E-5.03, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-6 A-95 REVIEW PROCESS

Fla. Admin. Code R. 29E-6.001 General

History

Rulemaking Authority 23.012, 160.06, 160.07 FS. Law Implemented 23.012(6) FS. History–New 8-10-78, Amended 6-10-81, Formerly 29E-6.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-6.002 A-95 Review Process

History

Rulemaking Authority 23.012, 160.06 FS. Law Implemented 23.012(6), 160.02(1), 160.06(10), 160.06(17), 160.07 FS. History–New 8-10-78, Amended 6-10-81, Formerly 29E-6.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-7 WRPC REGIONAL HOUSING PLAN

Fla. Admin. Code R. 29E-7.001 Adoption

History

Rulemaking Authority 163.01, 120.53 FS. Law Implemented 163.01, 120.53 FS. History–New 6-4-80, Formerly 29E-7.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-7.002 Purpose

History

Rulemaking Authority 163.01, 120.53 FS. Law Implemented 163.01, 120.53 FS. History–New 6-4-80, Formerly 29E-7.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-8 WRPC REGIONAL LAND USE PLAN

Fla. Admin. Code R. 29E-8.001 Adoption

History

Rulemaking Authority 163.01, 120.53 FS. Law Implemented 163.01, 120.53 FS. History–New 6-4-80, Formerly 29E-8.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-8.002 Purpose

History

Rulemaking Authority 163.01, 120.53 FS. Law Implemented 163.01, 120.53 FS. History–New 6-4-80, Formerly 29E-8.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-9 WRPC COASTAL ZONE MANAGEMENT PLAN

Fla. Admin. Code R. 29E-9.001 Adoption

History

Rulemaking Authority 163.01, 120.53 FS. Law Implemented 163.01, 120.53 FS. History–New 6-4-80, Formerly 29E-9.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-9.002 Purpose

History

Rulemaking Authority 163.01, 120.53 FS. Law Implemented 163.01, 120.53 FS. History–New 6-4-80, Formerly 29E-9.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-10 WRPC REGIONAL ENERGY PLAN

Fla. Admin. Code R. 29E-10.001 Adoption

History

Rulemaking Authority 163.01, 120.53 FS. Law Implemented 163.01, 120.53 FS. History–New 6-4-80, Formerly 29E-10.01, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-10.002 Purpose

History

Rulemaking Authority 163.01, 120.53 FS. Law Implemented 163.01, 120.53 FS. History–New 6-4-80, Formerly 29E-10.02, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-13 DISPUTE RESOLUTION PROCESS

Fla. Admin. Code R. 29E-13.001 Purpose and Intent of Process and Relationship to Other Dispute Resolution Processes

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.002 Definitions

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.003 Overview of Process

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.004 Process Initiation

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.005 Participation in Process

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.006 Initial Settlement Meeting

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.007 Additional Settlement Meetings

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.008 Mediation

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.009 Advisory Decision-Making

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.010 Situation Assessments

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.011 Time Frames and Order of Process Steps

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.012 Joint Reports and Settlement Agreements

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Fla. Admin. Code R. 29E-13.013 Role of the Regional Planning Council in Process

History

Rulemaking Authority 120.53(1), 186.505, 186.509, 163.01 FS. Law Implemented 186.509 FS. History–New 5-8-94, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.

Chapter 29E-14 STRATEGIC REGIONAL POLICY PLAN

Fla. Admin. Code R. 29E-14.001 Adoption

History

Rulemaking Authority 186.505(1), 186.507(15), 186.508(1) FS. Law Implemented 186.507 FS. History–New 8-5-97, Repealed 5-14-2015, pursuant to Chapter 2015-30, Laws of Florida.