Current through Reg. 50, No. 187; September 24, 2024
(1) If at any
time within 90 days of the initial proposal, local government determines that
construction, renovation or re-opening of a facility on the proposed site does
not comply with a local plan, ordinance or regulation, the department shall
have 10 days in which to submit a request for modification.
(a) The department's request for modification
shall include the following:
1. Specific
reference to the action sought, whether it be variance, rezoning, special
exception or some other removal of a legal barrier to the requested siting,
2. Identification of the
department representative who will serve as the point of contact for the
request and any subsequent dispute resolution,
3. Specific reference to this rule and to
Section 985.682, F.S.,
4.
Description of the department's ownership interest in the subject property or,
if the department has no ownership interest, the fact that no such interest is
required in order for the department to seek modification; and,
5. Notice that lack of action on the request
within 90 days of receipt by local government will result in the department
taking an appeal to the Governor and Cabinet.
(b) The department shall be notified of any
public hearing or proceeding held on its request for
modification.
(2)
Immediately upon local government's denial of the department's request for
modification, an expedited dispute resolution process shall commence.
(a) An initial settlement meeting between the
parties shall be held within 10 days of the denial. If agreed by the parties,
additional meetings may be held. The parties may also agree to have a neutral
facilitator participate in additional meetings.
(b) At any 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.
(3) If the dispute is not resolved within 30
days of the denial, the parties may engage in mediation of the dispute with a
mutually acceptable mediator.
(a) The
mediator shall be guided by the Florida Rules for Certified and Court-Appointed
Mediators.
(b) The costs of
settlement meetings, facilitators, or mediation 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.
(4) If the
dispute is not resolved within 60 days of the denial, the department shall
appeal the decision to the Governor and Cabinet.
(5) Upon the agreement of all parties, the
time limits for dispute resolution may be extended. Under no circumstances may
the process extend past 180 days from the denial of the department's request
for modification.
Rulemaking Authority 985.64, 985.682 FS. Law Implemented
985.682 FS.
New 9-12-16.
