1. (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.

   1. (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.

   2. (b) The department shall be notified of any public hearing or proceeding held on its request for modification.

2. (2) Immediately upon local government’s denial of the department’s request for modification, an expedited dispute resolution process shall commence.

   1. (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.
   2. (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. (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.

   1. (a) The mediator shall be guided by the Florida Rules for Certified and Court-Appointed Mediators.
   2. (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. (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. (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. History‒New 9-12-16.