Florida Statute 164.1041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 164
GOVERNMENTAL DISPUTES

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F.S. 164.1041

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 shall, by motion, request the court to issue an order abating the case pursuant to this section. All governmental entities are encouraged to use the procedures in this act to resolve conflicts that may occur at any time between governmental entities, but shall use these procedures before court proceedings, consistent with the provisions of this section. The provisions of this act do not apply to administrative proceedings pursuant to chapter 120 or any appeal from any administrative or trial court judgment or decision. Nothing in this act shall limit a governmental entity from initiating and prosecuting eminent domain, foreclosure, or other court proceedings where, as a function of the nature of the suit, other governmental entities are necessary parties, if there are no materially disputed issues with regard to such joinder. Nothing in this act shall limit a governmental entity from filing any counterclaim or cross-claim in any litigation in which it is a defendant. Nothing in this act is intended to abrogate other provisions of law which provide procedures for challenges to specific governmental actions, including, but not limited to, comprehensive plan amendments and tax assessment challenges. The provisions of this act shall not apply to conflicts between governmental entities if an alternative dispute resolution process, such as mediation or arbitration, is specifically required by general law or agreed to by contract, interlocal agreement, or other written instrument, or if the governmental entities have reached an impasse during an alternative dispute resolution process engaged in prior to the initiation of court action. Further, nothing in this act shall preclude a governmental entity from filing a suit without resort to the provisions of this act against any federal or other governmental entity not governed by state law. Nothing in this section shall be deemed to toll or waive jurisdictional time limits on specific pleadings or motions set forth in statute or court rules unless modified pursuant to s. 164.1061.

(2) If a governmental entity, by a three-fourths vote of its governing body, finds that an immediate danger to the health, safety, or welfare of the public requires immediate action, or that significant legal rights will be compromised if a court proceeding does not take place before the provisions of this act are complied with, no notice or public meeting or other proceeding as provided by this act shall be required before such a court proceeding. If a water management district, by three-fourths vote of its governing body, finds that an immediate danger to the natural resources, water resources, and wildlife requires immediate declaratory relief, or that significant legal rights will be compromised if a court proceeding does not take place before the provisions of this act are complied with, no notice or public meeting or other proceeding as provided by this act shall be required before such a court proceeding. However, the court, upon motion, may review the justification for failure to comply with the provisions of this act and make a determination as to whether the provisions of this act should be complied with prior to action by the court. If the court determines that the provisions of this act should be complied with prior to court action and that following the provisions of this act will not result in the compromise of significant legal rights, the court shall abate the suit until the provisions of this act are complied with.

History.—s. 4, ch. 99-279.

F.S. 164.1041 on Google Scholar

F.S. 164.1041 on Casetext

Amendments to 164.1041

Arrestable Offenses / Crimes under Fla. Stat. 164.1041

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 164.1041.

Annotations, Discussions, Cases:

Cases Citing Statute 164.1041

Total Results: 5

CITY OF PEMBROKE PINES v. TOWN OF SOUTHWEST RANCHES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-22T00:53:00-07:00

Snippet: from the section 164.1041 duty to negotiate are explicitly mentioned in section 164.1041(1): Chapter 120…public records’ request is exempt from section 164.1041’s duty for pre-litigation negotiation. …Motion to Dismiss and/or Abate, referencing section 164.1041, Florida Statutes (2022). That statute requires…proceedings. In response, Pembroke Pines argued section 164.1041 does not apply to actions under Chapter 119. The…governmental entity must first comply with section 164.1041, and attempt pre-suit conflict resolution, or

CITY OF MIAMI v. MIAMI-DADE COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: instructions for the trial court, pursuant to section 164.1041(1) of the Florida Statutes, to abate further … The only reasonable construction of [section 164.1041(1)] requires the trial court to abate the…denying motion to abate as required by section 164.1041(1)). Preliminary injunction affirmed; petition

City of Miami v. City of Miami Firefighters' and Police Officers' Retirement Trust & Plan

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-06T00:53:00-07:00

Snippet: exhausted. §164.1041, Fla. Stat. (2017). We agree with the trial court that section 164.1041 warrants …defined in chapter 164.5 Pursuant to section 164.1041(1): If a governmental entity files suit… to abate the proceedings pursuant to section 164.1041(1). We agree with the City that the Board…abatement was nevertheless required under section 164.1041(1), which provides: “If a governmental entity…appears to conflate the two provisions of sections 164.1041(1) (mandatory abatement) and 164.1052(1) (initiation

City of Miami v. Village of Key Biscayne and Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-11T00:00:00-07:00

Citation: 197 So. 3d 580, 2016 Fla. App. LEXIS 7150

Snippet: abate the Village’s lawsuit pursuant to section 164.1041(1) of the Florida Statutes. The conflict … trial court to abate the court proceedings. § 164.1041(1), Fla. Stat. (2015). The parties have thirty

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-04-23T00:53:00-07:00

Snippet: governmental entities," respectively. 4 Section 164.1041(1), Fla. Stat. 5 Section 164.1052(1), Fla. Stat