Fla. Stat. § 164.101
Short title
Sections 164.101-164.1061 may be cited as the “Florida Governmental Conflict Resolution Act.”
Florida Statutes Chapter 164 — GOVERNMENTAL DISPUTES
Florida · statute · Fla. Stat. ch. 164 · 13 active provisions
Fla. Stat. § 164.102
Purpose and intent
The purpose and intent of this act is to promote, protect, and improve the public health, safety, and welfare and to enhance intergovernmental coordination efforts by the creation of a governmental conflict resolution procedure that can provide an equitable, expeditious, effective, and inexpensive method for resolution…
Fla. Stat. § 164.1031
Definitions
For purposes of this act:(1) “Local governmental entities” includes municipalities, counties, school boards, special districts, and other local entities within the jurisdiction of one county created by general or special law or local ordinance.(2) “Regional governmental entities” includes regional planning councils, me…
Fla. Stat. § 164.1041
Duty to negotiate
(1) If a governmental entity files suit against another governmental entity, court proceedings on the suit shall be abated, by order of the court, until the procedural options of this act have been exhausted. The governing body of a governmental entity initiating conflict resolution procedures pursuant to this act shal…
Fla. Stat. § 164.1051
Scope
It is not the intent of this act to limit the conflicts that may be considered under this act, except that any administrative proceeding pursuant to chapter 120 shall not be subject to this act. Pursuant to s. 164.1041, this act shall apply, at a minimum, to governmental conflicts arising from any of the following issu…
Fla. Stat. § 164.1052
Initiation of conflict resolution procedure; duty to give notice
(1) The governing body of a governmental entity shall initiate the conflict resolution procedures provided by this act through passage of a resolution by its members. The resolution shall state that it is the intention of the governing body to initiate the conflict resolution procedures provided by this act prior to in…
Fla. Stat. § 164.1053
Conflict assessment phase
(1) After the initiation of the conflict resolution procedure, and after proper notice by certified letter has been given, a conflict assessment meeting shall occur. The meeting shall be scheduled to occur within 30 days of the receipt of the letter initiating the conflict resolution procedure. Public notice shall be g…
Fla. Stat. § 164.1055
Joint public meeting
(1) Failure to resolve a conflict after following authorized procedures as specified in s. 164.1053 shall require the scheduling of a joint public meeting between the primary conflicting governmental entities. The governmental entity first initiating the conflict resolution process shall have the responsibility to sche…
Fla. Stat. § 164.1056
Final resolution
If there is failure to resolve a conflict between governmental entities through the procedures provided by ss. 164.1053 and 164.1055, the entities participating in the dispute resolution process may avail themselves of any otherwise available legal rights.
Fla. Stat. § 164.1057
Execution of resolution of conflict
Resolution of a conflict at any phase shall require passage of an ordinance, resolution, or interlocal agreement that reflects the terms or conditions of the resolution to the conflict.
Fla. Stat. § 164.1058
Penalty
If a primary conflicting governmental entity fails to participate in good faith in the conflict assessment meeting, mediation, or other remedies provided for in this act, the primary disputing governmental entity that failed to participate in good faith shall be required to pay the attorney’s fees and costs in that pro…
Fla. Stat. § 164.1061
Time extensions
Any of the time requirements set forth in this act may be extended to a date certain by mutual agreement, in writing, of the primary conflicting governmental entities. To the extent such agreement would cause any jurisdictional time requirements to run with regard to a particular claim, the agreement shall have the eff…
Fla. Stat. § 164.1065
Applicability of ch. 99-279
This act shall take effect upon becoming a law, but shall not be construed to abrogate any otherwise applicable agreements or requirements of any contracts, interlocal agreements, or other written instruments which are in existence as of the effective date of this act. To the extent that any contractual or other agreem…