Florida Statute 164.1052 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 164
GOVERNMENTAL DISPUTES

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F.S. 164.1052

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 initiating court proceedings or prosecuting action on a previously filed court proceeding to resolve the conflict and shall specify the issues of conflict and the governmental entity or entities with which the governing body has a conflict. Within 5 days after the passage of the resolution, a letter and a certified copy of the resolution shall be provided to the chief administrator of the governmental entity or entities with which the governing body has a conflict by certified mail, return receipt requested. The letter shall state, at a minimum, the conflict, other governmental entities in conflict with the initiating governmental entity, the justification for initiating the conflict resolution process, the proposed date and location for the conflict assessment meeting to be held pursuant to s. 164.1053, and suggestions regarding the officials who should be present at the conflict assessment meeting. The initiating governmental entity also shall mail a copy of the letter and resolution to any state, regional, or local governmental entities which, in the determination of the initiating governmental entity, may have a role in approving or implementing a particular element or aspect of any settlement of the conflict or whose substantial interests may be affected by the resolution of the conflict, and any other governmental entity deemed appropriate by the initiating governmental entity.

(2) Within 10 days after receiving a copy of a certified letter noticing the initiation of the conflict resolution procedure, other governmental entities receiving the notice may elect to participate in the conflict resolution process, but are not entitled by virtue of that participation to control the timing or progress of the conflict resolution process, which at all times shall remain in the discretion of the primary conflicting governmental entities. However, a governmental entity which receives notice of a conflict may, by passage of its own resolution and by otherwise following the procedures set forth in subsection (1), join the conflict resolution process as a primary conflicting governmental entity. The intent of a governmental entity to join in the conflict resolution process shall be communicated to the initiating governmental entity by certified mail. The joining governmental entity also shall mail a copy of the letter to any state, regional, or local governmental entities which, in the determination of the joining governmental entity, may have a role in approving or implementing a particular element or aspect of any settlement of the conflict or whose substantial interests may be affected by the resolution of the conflict, and any other governmental entity deemed appropriate by the joining governmental entity.

(3) For purposes of this act, the date of initiation of the conflict resolution procedure shall be the date of the passage of a resolution by a governmental entity.

History.—s. 6, ch. 99-279.

F.S. 164.1052 on Google Scholar

F.S. 164.1052 on Casetext

Amendments to 164.1052

Arrestable Offenses / Crimes under Fla. Stat. 164.1052

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 164.1052.

Annotations, Discussions, Cases:

Cases Citing Statute 164.1052

Total Results: 3

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: case pursuant to this section. Finally, section 164.1052(1) provides: The governing body of a governmental…Board’s governing body as required under section 164.1052(1). Therefore, the City argues, the Board did …initiate dispute resolution procedures under section 164.1052(1). Instead, the Board’s letter states merely…does the letter indicate, as required by section 164.1052(1), that the Board has adopted a “resolution” …sections 164.1041(1) (mandatory abatement) and 164.1052(1) (initiation of conflict resolution procedures

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: the government with which it is in conflict. § 164.1052(1), Fla. Stat. (2015). In this instance, the Village…petition, the critical part of chapter 164 is section 164.1052(1). This provision governs notice to other governmental….... (emphasis added) Pursuant to section 164.1052(2), only those governmental entities receiving…receiving the notice provided in section 164.1052(1) are entitled to participate in chapter 164 proceedings. …another governmental entity notice under section 164.1052(1). B. Mandamus Jurisdiction This

Ago

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

Snippet: respectively. 4 Section 164.1041(1), Fla. Stat. 5 Section 164.1052(1), Fla. Stat. 6 Id. 7 Section 164.1055(1)(a)-