Senate Bill 1756

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    Florida Senate - 1998                                  SB 1756

    By Senator Meadows





    26-1435-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to governmental controversies;

  3         amending s. 164.101, F.S.; renaming the

  4         "Florida Governmental Cooperation Act" as the

  5         "Florida Governmental Conflict Resolution Act";

  6         amending s. 164.102, F.S.; providing purpose

  7         and intent; creating s. 164.1031, F.S.;

  8         providing definitions; creating s. 164.1041,

  9         F.S.; requiring local and regional governmental

10         entities to exhaust the procedural options of

11         the act before initiating litigation, except in

12         emergency circumstances; creating s. 164.1051,

13         F.S.; specifying the governmental conflicts to

14         which the act applies; creating s. 164.1052,

15         F.S.; providing procedures and requirements for

16         initiation of conflict resolution procedures;

17         creating s. 164.1053, F.S.; providing for a

18         conflict assessment meeting and providing

19         requirements with respect thereto; creating s.

20         164.1055, F.S.; providing for a joint public

21         meeting between disputing entities; providing

22         for nonbinding arbitration; creating s.

23         164.1056, F.S.; providing for final resolution

24         of conflicts; creating s. 164.1057, F.S.;

25         specifying the manner of execution of the

26         resolution of a conflict; renumbering and

27         amending s. 164.104, F.S.; providing that a

28         governmental entity that fails to participate

29         in conflict resolution procedures shall be

30         required to pay attorney's fees and costs;

31         renumbering and amending s. 164.105, F.S.;

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1         providing the period of tolling of any

  2         applicable statute of limitations; repealing

  3         ss. 164.103 and 164.106, F.S., which provide

  4         procedures and requirements for resolution of

  5         governmental disputes; providing an effective

  6         date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 164.101, Florida Statutes, is

11  amended to read:

12         164.101  Short title.--This act may be cited as the

13  "Florida Governmental Conflict Resolution Cooperation Act."

14         Section 2.  Section 164.102, Florida Statutes, is

15  amended to read:

16         164.102  Purpose and intent.--The purpose and intent of

17  this act is to promote, protect, and improve the public

18  health, safety, and welfare by the creation of a governmental

19  conflict dispute resolution procedure process that can provide

20  an equitable, expeditious, effective, and inexpensive method

21  for resolution of conflicts disputes between and among local

22  and regional governmental entities counties and

23  municipalities.  It is the intent of the Legislature to avoid

24  litigation, to the greatest extent possible.

25         Section 3.  Section 164.1031, Florida Statutes, is

26  created to read:

27         164.1031  Definitions.--For purposes of this act:

28         (1)  "Local governmental entities" includes

29  municipalities, counties, school boards, independent special

30  districts, and other local entities within the jurisdiction of

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1  one county created by general or special law or local

  2  ordinance.

  3         (2)  "Regional governmental entities" includes regional

  4  planning councils, metropolitan planning organizations, water

  5  supply authorities that include more than one county, local

  6  health councils, water management districts, and other

  7  regional entities that are authorized and created by general

  8  or special law that are in the jurisdiction of more than one

  9  county.

10         (3)  "Governmental entity" includes local and regional

11  governmental entities.

12         (4)  "Local government resolution" has the same meaning

13  as provided in s. 166.041.

14         (5)  "Governing body" means the council, commission, or

15  other board or body in which the general legislative powers of

16  a local or regional governmental entity are vested.

17         (6)  "Designee" means a representative with full

18  authority to negotiate on behalf of a governmental entity and

19  to recommend settlement to the appropriate decisionmaking body

20  or authority of the governmental entity.

21         (7)  "Noticed public meeting" means a public meeting in

22  which notice is given 10 days prior to the meeting by

23  publication in the newspaper of widest circulation in the

24  jurisdictions of the disputing governmental entities.

25         Section 4.  Section 164.1041, Florida Statutes, is

26  created to read:

27         164.1041  Duty to negotiate.--

28         (1)  The governing body of a governmental entity shall

29  not file suit against another governmental entity unless the

30  procedural options of this act have been exhausted.  All

31  governmental entities are encouraged to use the procedures in

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1  this act to resolve conflicts that may occur at any time

  2  between governmental entities, but shall use these procedures

  3  before litigation, consistent with the provisions of this

  4  section.

  5         (2)  If a governmental entity, by a majority plus one

  6  vote of its governing body, finds that an immediate danger to

  7  the health, safety, or welfare of the public requires

  8  immediate action, no notice or public meeting or other

  9  proceeding as provided in this act shall be required before

10  litigation.

11         Section 5.  Section 164.1051, Florida Statutes, is

12  created to read:

13         164.1051  Scope.--Pursuant to s. 164.1041, this act

14  shall apply, at a minimum, to governmental conflicts arising

15  from any of the following issues or processes:

16         (1)  Any issue relating to local comprehensive plans or

17  plan amendments prepared pursuant to part II of chapter 163,

18  including, but not limited to, conflicts involving levels of

19  service for public facilities and natural resource protection.

20         (2)  Municipal annexation.

21         (3)  Service provision areas.

22         (4)  Allocation of resources, including water, land, or

23  other natural resources.

24         (5)  Siting of hazardous waste facilities, land fills,

25  garbage collection facilities, silt disposal sites, or any

26  other locally unwanted land uses.

27         (6)  Governmental entity permitting processes.

28         (7)  Siting of elementary and secondary schools,

29  community colleges, and state universities.

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1         (8)  Any other issue or process deemed appropriate by a

  2  governmental entity.  It is not the intent of this act to

  3  limit the conflicts that may be considered under this act.

  4         Section 6.  Section 164.1052, Florida Statutes, is

  5  created to read:

  6         164.1052  Initiation of conflict resolution procedure;

  7  duty to give notice.--

  8         (1)  The governing body of a governmental entity shall

  9  initiate the conflict resolution procedures provided by this

10  act through passage of a resolution by a majority plus one of

11  its members. The resolution shall state that it is the

12  intention of the governing body to initiate the conflict

13  resolution procedures provided by this act and shall specify

14  the issues of conflict and the governmental entity or entities

15  with which the governing body has a conflict. Notice of

16  passage of the resolution shall be provided to the

17  governmental entity with which the governing body has a

18  conflict by certified letter delivered to the chief

19  administrator of the governmental entity within 5 days after

20  the passage of the resolution. The certified letter shall

21  state, at a minimum, the conflict, other governmental entities

22  in conflict with the initiating governmental entity,

23  justification for initiating the conflict resolution process,

24  the proposed date and location for the conflict assessment

25  meeting to be held pursuant to s. 164.1053, and suggestions

26  regarding the officials who should be present at the conflict

27  assessment meeting.  All state or regional governmental

28  entities with responsibilities affecting the implementation of

29  a resolution to the conflict and, at a minimum, all adjacent

30  local governments, and any other governmental entity deemed

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1  appropriate by the initiating governmental entity, shall

  2  receive a copy of the certified letter.

  3         (2)  Within 10 days after receiving a copy of a

  4  certified letter noticing the initiation of the conflict

  5  resolution procedure, other governmental entities may join

  6  with the initiating governmental entity as party to the

  7  conflict.  The intent of a governmental entity to join with

  8  the initiating governmental entity shall be communicated to

  9  the initiating governmental entity by certified letter after

10  passage of the resolution.  All state or regional governmental

11  entities with responsibilities affecting the implementation of

12  a resolution to the conflict and, at a minimum, all adjacent

13  local governments, and any other governmental entity deemed

14  appropriate by the joining governmental entity, shall receive

15  a copy of the certified letter.  Any governmental entity that

16  fails to join a conflict resolution proceeding may not

17  initiate the conflict resolution procedure on the same issue

18  within 6 months.

19         (3)  For purposes of this act, the date of initiation

20  of the conflict resolution procedure shall be the date of the

21  passage of a resolution by a governmental entity.

22         Section 7.  Section 164.1053, Florida Statutes, is

23  created to read:

24         164.1053  Conflict assessment phase.--After the

25  initiation of the conflict resolution procedure, and after

26  proper notice by certified letter has been given, a conflict

27  assessment meeting shall occur.  Public notice shall be given

28  for this meeting in accordance with s. 164.1031(7).  The chief

29  administrator for each local government, and the chief

30  executive officer of a regional governmental entity or his or

31  her designee, that are parties to the conflict resolution

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1  procedure shall be present at this meeting.  If the entities

  2  in conflict agree, the assistance of a professional

  3  facilitator may be enlisted for the conflict assessment

  4  meeting.  During the conflict assessment meeting, the

  5  following shall be discussed or accomplished:

  6         (1)  Issues pertaining to the conflict and an

  7  assessment of the conflict.

  8         (2)  The perspective of each governmental entity.

  9         (3)  Resolution of the conflict or arrangement of one

10  of the following:

11         (a)  The scheduling of additional meetings for informal

12  negotiations.

13         (b)  The scheduling of a joint public meeting pursuant

14  to s. 164.1055.

15

16  If the governmental entities in conflict fail to reach

17  agreement on the issues specified in subsections (1)-(3)

18  within 30 days of the initiation of the conflict resolution

19  procedure, the entities shall participate in a joint public

20  meeting as described in s. 164.1055. This meeting shall take

21  place within 50 days of the initiation of the conflict

22  resolution procedure. At any time, either the initiator of the

23  conflict resolution procedure or the governing body of the

24  recipient governmental entity may initiate nonbinding

25  arbitration proceedings as provided in s. 164.1055(3).

26         Section 8.  Section 164.1055, Florida Statutes, is

27  created to read:

28         164.1055  Joint public meeting.--Unless a joint public

29  meeting is already scheduled or convened as authorized in s.

30  164.1053(3)(b), failure to resolve a conflict after following

31  authorized procedures as specified in s. 164.1053 shall

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1  require the scheduling of a joint public meeting between

  2  disputing governmental entities.  The governmental entity

  3  initiating the conflict resolution process shall have the

  4  responsibility to schedule the joint public meeting and

  5  arrange a location. The parties may use a mediator or a

  6  facilitator to assist them in conducting the meeting.  In this

  7  meeting, the governing bodies of the governmental entities

  8  shall meet in a noticed public meeting and:

  9         (1)  Consider the statement of issues prepared in the

10  conflict assessment phase.

11         (2)  Seek an agreement.

12         (3)  If no agreement is reached, the parties shall

13  participate in nonbinding arbitration. If the conflict

14  initiator and the governmental entity against which the

15  conflict has been lodged do not agree on an arbitrator within

16  14 days after the joint public meeting, the arbitrator shall

17  be selected by an independent conflict resolution

18  organization, such as the Florida Conflict Resolution

19  Consortium, within 7 days after the close of that 14-day

20  period. The arbitrator shall issue a ruling on the conflict

21  within 20 days after his or her selection.

22         Section 9.  Section 164.1056, Florida Statutes, is

23  created to read:

24         164.1056  Final resolution.--If there is failure to

25  resolve a conflict between governmental entities through the

26  procedures provided by ss. 164.1053 and 164.1055, final

27  resolution shall be determined by direction provided in

28  existing law.

29         Section 10.  Section 164.1057, Florida Statutes, is

30  created to read:

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1         164.1057  Execution of resolution of

  2  conflict.--Resolution of a conflict at any phase shall require

  3  passage of an ordinance, resolution, or interlocal agreement

  4  that reflects the terms or conditions of the resolution to the

  5  conflict.

  6         Section 11.  Section 164.104, Florida Statutes, is

  7  renumbered as section 164.1058, Florida Statutes, and amended

  8  to read:

  9         164.1058 164.104  Penalty.--If a governmental entity

10  the governing body of a county or municipality which has

11  received notice of intent to initiate the conflict resolution

12  procedure pursuant to this act file a suit pursuant to s.

13  164.103(1) fails to participate in the conflict assessment

14  meeting, arbitration, or other remedies provided for in this

15  act, that governmental entity hold a public meeting to discuss

16  the proposed litigation, the governing body shall be required

17  to pay the attorney's fees and costs in any final suit or that

18  proceeding of the governmental entity which has initiated the

19  conflict resolution procedure county or municipality which has

20  filed suit.

21         Section 12.  Section 164.105, Florida Statutes, is

22  renumbered as section 164.1059, Florida Statutes, and amended

23  to read:

24         164.1059 164.105  Tolling of statutes of

25  limitation.--Each applicable statute of limitations is tolled

26  for up to 91 45 days from the date of receipt by the potential

27  defendant local governmental entity of the notice of intent to

28  initiate the conflict resolution procedure sue.

29         Section 13.  Sections 164.103 and 164.106, Florida

30  Statutes, are hereby repealed.

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    Florida Senate - 1998                                  SB 1756
    26-1435-98                                              See HB




  1         Section 14.  This act shall take effect upon becoming a

  2  law.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Renames the "Florida Governmental Cooperation Act" as the
  7    "Florida Governmental Conflict Resolution Act."  Requires
      local and regional governmental entities to exhaust the
  8    procedural options of the act before initiating
      litigation, except in emergency circumstances.  Specifies
  9    the governmental conflicts to which the act applies.
      Provides procedures and requirements for initiation of
10    conflict resolution procedures. Provides for a conflict
      assessment meeting and provides requirements with respect
11    thereto. Provides for a joint public meeting between
      disputing entities. Provides for nonbinding arbitration.
12    Provides for final resolution of conflicts.  Specifies
      the manner of execution of the resolution of a conflict.
13    Provides that a governmental entity that fails to
      participate in conflict resolution procedures shall be
14    required to pay attorney's fees and costs.  Provides the
      period of tolling of any applicable statute of
15    limitations.

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