Florida/Georgia Personal Injury & Workers Compensation

officials attending mediation sessions pursuant to section 164.1055, Florida Statutes, are authorized to privately

...ties under Florida Statutes Section § 164.055 and specifically declaring that Defendants, among other requirements set forth in the Statute, is [sic] mandated to attend the Joint Public Meeting and perform the tasks as delineated in Florida Statute § 164.1055(1). In its prayer for relief, among other things, the City requested of the circuit court: I. To issue a declaratory decree declaring that Franklin 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)(b) and (c) referenced above. III. To declare that the Franklin County Board of County Commission[ers] is required to comply with the requirements of Florida Statute § 164.1055(2) if no agreement is reached upon completion of Florida Statute § 164.1055(1) — Joint Public Meeting requirements and reserve jurisdiction to issue injunctive and other relief as necessary to compel the participation of Franklin County, Board of County Commissioners in the Governmental Conflict Resolution Procedures of Florida Statute § 164.1055(2) with the Cities of Apalachicola and Carrabelle....

...ng conflicts between and among local and regional governmental entities. § 164.102, Fla. Stat. (2012). Section 164.1056 provides that, if the governmental entities fail to resolve a conflict through the procedures set forth in sections 164.1053 and 164.1055, “the entities participating in the dispute resolution process may avail themselves of any otherwise available legal right.” A declaratory judgment action is an “otherwise available legal right.” Florida’s Declaratory Judgment Act,...

...ursuant to Chapter 164 , Florida Statutes, while Melbourne and West Melbourne engaged in conflict resolution procedures. The two cities are currently engaged in the second phase of the three-phase process of conflict resolution. That is, pursuant to section 164.1055 (1), Florida Statutes, the two city councils have met and the potential framework for a settlement has been agreed to....

...Your letter indicates that "[a]s the settlement has been reduced to words, many complex issues have been presented." If resolution of this matter is not accomplished during this phase of the proceeding, the statutory conflict resolution process provides for mediation in section 164.1055 (2), Florida Statutes....

...ight of an Informal Attorney General Opinion addressed to Mr. Mark McQuagge, dated February 13, 2002, in which this office concluded that "in the absence of any expression of legislative intent that officials attending mediation sessions pursuant to section 164.1055 , Florida Statutes, are authorized to privately discuss among themselves the matters being considered at such a meeting, it would appear that any such meetings must be conducted openly and in accordance with the provisions of section...

...conflict and to assess the conflict from the perspective of each governmental entity involved. If no resolution is achieved by this meeting, any primary conflicting governmental entity may request mediation. Following the conflict assessment phase, section 164.1055 , Florida Statutes, requires the scheduling of a "joint public meeting" between the representatives of the primary conflicting governmental entities....

...McQuagge to which you have cited, dealt with a situation in which no litigation was on-going and the question related to the procedures for conducting the mediation phase of the conflict resolution process. That opinion noted that "nothing in chapter 164 , Florida Statutes, generally, or in section 164.1055 , Florida Statutes, particularly, addresses whether the representatives of conflicting governmental entities may meet privately to discuss the terms of the on-going mediation." It is my opinion that this conclusion applies equally to the procedures preceding the mediation phase of conflict resolution procedures under section 164.1055 , Florida Statutes....

...Stat., defines "[g]overnmental entity" to include local and regional governmental entities, and s. 164.1031 (1) and (2), Fla. Stat., define "[l]ocal governmental entities" and "[r]egional governmental entities," respectively. 4 Section 164.1041 (1), Fla. Stat. 5 Section 164.1052 (1), Fla. Stat. 6 Id. 7 Section 164.1055 (1)(a)-(c), Fla. Stat. 8 Section 164.1055 (2), Fla....