The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 164
GOVERNMENTAL DISPUTES

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F.S. 164.1055

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 schedule the joint public meeting and arrange a location. If the entities in conflict agree, the assistance of a facilitator may be enlisted to assist them in conducting the meeting. In this meeting, the governing bodies of the primary conflicting governmental entities shall:

(a) Consider the statement of issues prepared in the conflict assessment phase.

(b) Seek an agreement.

(c) Schedule additional meetings of the entities in conflict, or of their designees, to continue to seek resolution of the conflict.

(2) If no agreement is reached, the primary conflicting governmental entities shall participate in mediation, the costs of which shall be equally divided between the primary conflicting governmental entities. The primary conflicting governmental entities shall endeavor in good faith to select a mutually acceptable mediator. If the primary conflicting governmental entities are unable to mutually agree on a mediator within 14 days after the joint public meeting, the primary conflicting governmental entities shall arrange for a mediator to be selected or recommended by an independent conflict resolution organization, such as the Florida Conflict Resolution Consortium, and shall agree to accept the recommendation of that independent organization, or shall agree upon an alternate method for selection of a mediator, within 7 business days after the close of that 14-day period. Upon the selection of a mediator, the conflicting governmental entities shall schedule mediation to occur within 14 days, and shall issue a written agreement on the issues in conflict within 10 days of the conclusion of the mediation proceeding. The written agreement shall not be admissible in any court proceeding concerning the conflict, except for proceedings to award attorney’s fees under s. 164.1058, where the agreement may be used to demonstrate an entity’s refusal to participate in the process in good faith.

History.—s. 8, ch. 99-279.

F.S. 164.1055 on Google Scholar

F.S. 164.1055 on Casetext

Amendments to 164.1055

Arrestable Offenses / Crimes under Fla. Stat. 164.1055

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 164.1055.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF MIAMI, v. CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS RETIREMENT TRUST PLAN,, 249 So. 3d 709 (Fla. App. Ct. 2018)

. . . See §§ 164.1053, 164.1055, 164.1056, and 164.1057. . . .

CITY OF APALACHICOLA, v. FRANKLIN COUNTY,, 132 So. 3d 1217 (Fla. Dist. Ct. App. 2014)

. . . mandated to attend the Joint Public Meeting and perform the tasks as delineated in Florida Statute § 164.1055 . . . County, Board of County Commission[ers,] is required under the facts of this case by Florida Statute 164.1055 . . . to attend the Joint Public Meeting and take action as required by Florida Statutes § 164.1055(l)(a)( . . . (2) if no agreement is reached upon completion of Florida Statute § 164.1055(1) — Joint Public Meeting . . . Board of County Commissioners in the Governmental Conflict Resolution Procedures of Florida Statute § 164.1055 . . .