Section 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.Fla. Admin. Code Ann. R. 29H-13.004
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.