Florida Statutes
Fla. Stat. § 164.1053 (2025)
Conflict assessment phase.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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 given for this meeting in accordance with s. 164.1031(7). The conflict assessment meeting shall be scheduled to allow the attendance by the appropriate personnel from each primary conflicting governmental entity. The chief administrator, or his or her designee, for each governmental entity that is a primary conflicting governmental entity in the conflict resolution procedure shall be present at this meeting. If the entities in conflict agree, the assistance of a facilitator may be enlisted for the conflict assessment meeting. During the conflict assessment meeting, the governmental entities shall discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved.
(2) If a tentative resolution to the conflict can be agreed upon by the representatives of the primary conflicting governmental entities at the conflict assessment meeting, the primary conflicting governmental entities may proceed with whatever steps they deem appropriate to fully resolve the conflict, including, but not limited to, the scheduling of additional meetings for informal negotiations or proposing a resolution to the governing bodies of the primary conflicting governmental entities.
(3) In the event that no tentative resolution can be agreed upon, the primary conflicting governmental entities shall schedule a joint public meeting as described in s. 164.1055, which meeting shall occur within 50 days of the receipt of the first letter initiating the conflict resolution process from the initiating governmental entity.
(4) After the conclusion of the conflict assessment meeting, any primary conflicting governmental entity may request mediation as provided in s. 164.1055(2).
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2014–2024 · leading case: City of Miami v. City of Miami Firefighters' & Police Officers' Ret. Trust & Plan, 249 So. 3d 709 (Fla. 3d DCA 2018).
City of Miami v. City of Miami Firefighters' & Police Officers' Ret. Trust & Plan, 249 So. 3d 709 (Fla. 3d DCA 2018). “See §§ 164.1053, 164.1055, 164.1056, and 164.”
City of Miami v. Vill. of Key Biscayne & Miami-Dade Cnty., 197 So. 3d 580 (Fla. 3d DCA 2016). “See §§ 164.1053-1057, Fla. Stat. (2015). For the purpose of the City’s petition, the critical part of chapter 164 is section 164.”
Vill. of Palmetto Bay, Florida v. Miami-Dade Cnty., Florida (Fla. 3d DCA 2024). “On March 12, 2021, the Village convened a conflict assessment meeting with the County to “discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved,” as provided under section 164.1053(1), Florida…”
City of Pembroke Pines v. Town of Sw. Ranches (Fla. 4th DCA 2023). “See §§ 164.1053–57, Fla. Stat. (2022). The statute also provides a limited set of exceptions and instances where these procedures do not apply.”
City of Apalachicola v. Franklin Cnty., 132 So. 3d 1217 (Fla. 1st DCA 2014). “and incidental injunctive relief as well as attorney’s fees and costs necessitated by the Franklin County Commissioners intentional refusal and failure to comply with the requirements of the Florida Governmental Conflict Resolution Procedure in Statute § 164 and in particular…”
— 164.1053(1) — 2 cases
City of Miami v. Vill. of Key Biscayne & Miami-Dade Cnty., 197 So. 3d 580 (Fla. 3d DCA 2016). “See §§ 164.1053-1057, Fla. Stat. (2015). For the purpose of the City’s petition, the critical part of chapter 164 is section 164.”
Vill. of Palmetto Bay, Florida v. Miami-Dade Cnty., Florida (Fla. 3d DCA 2024). “On March 12, 2021, the Village convened a conflict assessment meeting with the County to “discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved,” as provided under section 164.1053(1), Florida…”
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