Bill Text: FL H0521 | 2010 | Regular Session | Introduced

Bill Title: Compact/Educational Opportunity/Military Children [SPSC]

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-52 [H0521 Detail]

Download: Florida-2010-H0521-Introduced.html
HB 521
A bill to be entitled
2An act relating to the Interstate Compact on Educational
3Opportunity for Military Children; repealing s. 5 of ch.
42008-225, Laws of Florida; abrogating the future repeal of
5ss. 1000.36, 1000.37, 1000.38, and 1000.39, F.S., relating
6to the compact; amending s. 1000.36, F.S.; deleting
7provisions relating to the disclosure of information and
8records and the closure of meetings by the Interstate
9Commission on Educational Opportunity for Military
10Children; providing for future legislative review and
11repeal of the compact; providing an effective date.
13Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Section 5 of chapter 2008-225, Laws of Florida,
16is repealed.
17 Section 2. Section 1000.36, Florida Statutes, is amended
18to read:
19 1000.36 Interstate Compact on Educational Opportunity for
20Military Children.-The Governor is authorized and directed to
21execute the Interstate Compact on Educational Opportunity for
22Military Children on behalf of this state with any other state
23or states legally joining therein in the form substantially as
Interstate Compact on Educational
Opportunity for Military Children
28 PURPOSE.-It is the purpose of this compact to remove
29barriers to educational success imposed on children of military
30families because of frequent moves and deployment of their
31parents by:
32 A. Facilitating the timely enrollment of children of
33military families and ensuring that they are not placed at a
34disadvantage due to difficulty in the transfer of education
35records from the previous school district or variations in
36entrance or age requirements.
37 B. Facilitating the student placement process through
38which children of military families are not disadvantaged by
39variations in attendance requirements, scheduling, sequencing,
40grading, course content, or assessment.
41 C. Facilitating the qualification and eligibility for
42enrollment, educational programs, and participation in
43extracurricular academic, athletic, and social activities.
44 D. Facilitating the on-time graduation of children of
45military families.
46 E. Providing for the adoption and enforcement of
47administrative rules implementing this compact.
48 F. Providing for the uniform collection and sharing of
49information between and among member states, schools, and
50military families under this compact.
51 G. Promoting coordination between this compact and other
52compacts affecting military children.
53 H. Promoting flexibility and cooperation between the
54educational system, parents, and the student in order to achieve
55educational success for the student.
57 DEFINITIONS.-As used in this compact, unless the context
58clearly requires a different construction, the term:
59 A. "Active duty" means the full-time duty status in the
60active uniformed service of the United States, including members
61of the National Guard and Reserve on active duty orders pursuant
62to 10 U.S.C. ss. 1209 and 1211.
63 B. "Children of military families" means school-aged
64children, enrolled in kindergarten through 12th grade, in the
65household of an active-duty member.
66 C. "Compact commissioner" means the voting representative
67of each compacting state appointed under Article VIII of this
69 D. "Deployment" means the period 1 month before the
70service members' departure from their home station on military
71orders through 6 months after return to their home station.
72 E. "Educational records" or "education records" means
73those official records, files, and data directly related to a
74student and maintained by the school or local education agency,
75including, but not limited to, records encompassing all the
76material kept in the student's cumulative folder such as general
77identifying data, records of attendance and of academic work
78completed, records of achievement and results of evaluative
79tests, health data, disciplinary status, test protocols, and
80individualized education programs.
81 F. "Extracurricular activities" means a voluntary activity
82sponsored by the school or local education agency or an
83organization sanctioned by the local education agency.
84Extracurricular activities include, but are not limited to,
85preparation for and involvement in public performances,
86contests, athletic competitions, demonstrations, displays, and
87club activities.
88 G. "Interstate Commission on Educational Opportunity for
89Military Children" means the commission that is created under
90Article IX of this compact, which is generally referred to as
91the Interstate Commission.
92 H. "Local education agency" means a public authority
93legally constituted by the state as an administrative agency to
94provide control of, and direction for, kindergarten through 12th
95grade public educational institutions.
96 I. "Member state" means a state that has enacted this
98 J. "Military installation" means a base, camp, post,
99station, yard, center, homeport facility for any ship, or other
100activity under the jurisdiction of the Department of Defense,
101including any leased facility, which is located within any of
102the several states, the District of Columbia, the Commonwealth
103of Puerto Rico, the United States Virgin Islands, Guam, American
104Samoa, the Northern Marianas Islands, and any other United
105States Territory. The term does not include any facility used
106primarily for civil works, rivers and harbors projects, or flood
107control projects.
108 K. "Nonmember state" means a state that has not enacted
109this compact.
110 L. "Receiving state" means the state to which a child of a
111military family is sent, brought, or caused to be sent or
113 M. "Rule" means a written statement by the Interstate
114Commission adopted under Article XII of this compact which is of
115general applicability, implements, interprets, or prescribes a
116policy or provision of the compact, or an organizational,
117procedural, or practice requirement of the Interstate
118Commission, and has the force and effect of statutory law in a
119member state, and includes the amendment, repeal, or suspension
120of an existing rule.
121 N. "Sending state" means the state from which a child of a
122military family is sent, brought, or caused to be sent or
124 O. "State" means a state of the United States, the
125District of Columbia, the Commonwealth of Puerto Rico, the
126United States Virgin Islands, Guam, American Samoa, the Northern
127Marianas Islands, and any other United States Territory.
128 P. "Student" means the child of a military family for whom
129the local education agency receives public funding and who is
130formally enrolled in kindergarten through 12th grade.
131 Q. "Transition" means:
132 1. The formal and physical process of transferring from
133school to school; or
134 2. The period of time in which a student moves from one
135school in the sending state to another school in the receiving
137 R. "Uniformed services" means the Army, Navy, Air Force,
138Marine Corps, Coast Guard as well as the Commissioned Corps of
139the National Oceanic and Atmospheric Administration, and Public
140Health Services.
141 S. "Veteran" means a person who served in the uniformed
142services and who was discharged or released therefrom under
143conditions other than dishonorable.
146 A. Except as otherwise provided in Section C, this compact
147applies to the children of:
148 1. Active duty members of the uniformed services,
149including members of the National Guard and Reserve on active-
150duty orders pursuant to 10 U.S.C. ss. 1209 and 1211;
151 2. Members or veterans of the uniformed services who are
152severely injured and medically discharged or retired for a
153period of 1 year after medical discharge or retirement; and
154 3. Members of the uniformed services who die on active
155duty or as a result of injuries sustained on active duty for a
156period of 1 year after death.
157 B. This interstate compact applies to local education
159 C. This compact does not apply to the children of:
160 1. Inactive members of the National Guard and military
162 2. Members of the uniformed services now retired, except
163as provided in Section A;
164 3. Veterans of the uniformed services, except as provided
165in Section A; and
166 4. Other United States Department of Defense personnel and
167other federal agency civilian and contract employees not defined
168as active-duty members of the uniformed services.
171 A. If a child's official education records cannot be
172released to the parents for the purpose of transfer, the
173custodian of the records in the sending state shall prepare and
174furnish to the parent a complete set of unofficial educational
175records containing uniform information as determined by the
176Interstate Commission. Upon receipt of the unofficial education
177records by a school in the receiving state, that school shall
178enroll and appropriately place the student based on the
179information provided in the unofficial records pending
180validation by the official records, as quickly as possible.
181 B. Simultaneous with the enrollment and conditional
182placement of the student, the school in the receiving state
183shall request the student's official education record from the
184school in the sending state. Upon receipt of the request, the
185school in the sending state shall process and furnish the
186official education records to the school in the receiving state
187within 10 days or within such time as is reasonably determined
188under the rules adopted by the Interstate Commission.
189 C. Compact states must give 30 days from the date of
190enrollment or within such time as is reasonably determined under
191the rules adopted by the Interstate Commission for students to
192obtain any immunization required by the receiving state. For a
193series of immunizations, initial vaccinations must be obtained
194within 30 days or within such time as is reasonably determined
195under the rules promulgated by the Interstate Commission.
196 D. Students shall be allowed to continue their enrollment
197at grade level in the receiving state commensurate with their
198grade level, including kindergarten, from a local education
199agency in the sending state at the time of transition,
200regardless of age. A student who has satisfactorily completed
201the prerequisite grade level in the local education agency in
202the sending state is eligible for enrollment in the next highest
203grade level in the receiving state, regardless of age. A student
204transferring after the start of the school year in the receiving
205state shall enter the school in the receiving state on their
206validated level from an accredited school in the sending state.
209 A. If a student transfers before or during the school
210year, the receiving state school shall initially honor placement
211of the student in educational courses based on the student's
212enrollment in the sending state school or educational
213assessments conducted at the school in the sending state if the
214courses are offered. Course placement includes, but is not
215limited to, Honors, International Baccalaureate, Advanced
216Placement, vocational, technical, and career pathways courses.
217Continuing the student's academic program from the previous
218school and promoting placement in academically and career
219challenging courses should be paramount when considering
220placement. A school in the receiving state is not precluded from
221performing subsequent evaluations to ensure appropriate
222placement and continued enrollment of the student in the
224 B. The receiving state school must initially honor
225placement of the student in educational programs based on
226current educational assessments conducted at the school in the
227sending state or participation or placement in like programs in
228the sending state. Such programs include, but are not limited
230 1. Gifted and talented programs; and
231 2. English as a second language (ESL).
232A school in the receiving state is not precluded from performing
233subsequent evaluations to ensure appropriate placement and
234continued enrollment of the student in the courses.
235 C. A receiving state must initially provide comparable
236services to a student with disabilities based on his or her
237current individualized education program (IEP) in compliance
238with the requirements of the Individuals with Disabilities
239Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
240state must make reasonable accommodations and modifications to
241address the needs of incoming students with disabilities,
242subject to an existing section 504 or title II plan, to provide
243the student with equal access to education, in compliance with
244the provisions of Section 504 of the Rehabilitation Act, 29
245U.S.C.A. s. 794, and with title II of the Americans with
246Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
247receiving state is not precluded from performing subsequent
248evaluations to ensure appropriate placement and continued
249enrollment of the student in the courses.
250 D. Local education agency administrative officials may
251waive course or program prerequisites, or other preconditions
252for placement in courses or programs offered under the
253jurisdiction of the local education agency.
254 E. A student whose parent or legal guardian is an active-
255duty member of the uniformed services and has been called to
256duty for, is on leave from, or immediately returned from
257deployment to, a combat zone or combat support posting shall be
258granted additional excused absences at the discretion of the
259local education agency superintendent to visit with his or her
260parent or legal guardian relative to such leave or deployment of
261the parent or guardian.
264 A. When considering the eligibility of a child for
265enrolling in a school:
266 1. A special power of attorney relative to the
267guardianship of a child of a military family and executed under
268applicable law is sufficient for the purposes of enrolling the
269child in school and for all other actions requiring parental
270participation and consent.
271 2. A local education agency is prohibited from charging
272local tuition to a transitioning military child placed in the
273care of a noncustodial parent or other person standing in loco
274parentis who lives in a school's jurisdiction different from
275that of the custodial parent.
276 3. A transitioning military child, placed in the care of a
277noncustodial parent or other person standing in loco parentis
278who lives in a school's jurisdiction different from that of the
279custodial parent, may continue to attend the school in which he
280or she was enrolled while residing with the custodial parent.
281 B. State and local education agencies must facilitate the
282opportunity for transitioning military children's inclusion in
283extracurricular activities, regardless of application deadlines,
284to the extent they are otherwise qualified.
286 GRADUATION.-In order to facilitate the on-time graduation
287of children of military families, states and local education
288agencies shall incorporate the following procedures:
289 A. Local education agency administrative officials shall
290waive specific courses required for graduation if similar
291coursework has been satisfactorily completed in another local
292education agency or shall provide reasonable justification for
293denial. If a waiver is not granted to a student who would
294qualify to graduate from the sending school, the local education
295agency must provide an alternative means of acquiring required
296coursework so that graduation may occur on time.
297 B. States shall accept exit or end-of-course exams
298required for graduation from the sending state; national norm-
299referenced achievement tests; or alternative testing, in lieu of
300testing requirements for graduation in the receiving state. If
301these alternatives cannot be accommodated by the receiving state
302for a student transferring in his or her senior year, then the
303provisions of Article VII, Section C shall apply.
304 C. If a military student transfers at the beginning of or
305during his or her senior year and is not eligible to graduate
306from the receiving local education agency after all alternatives
307have been considered, the sending and receiving local education
308agencies must ensure the receipt of a diploma from the sending
309local education agency, if the student meets the graduation
310requirements of the sending local education agency. If one of
311the states in question is not a member of this compact, the
312member state shall use its best efforts to facilitate the on-
313time graduation of the student in accordance with Sections A and
314B of this Article.
316 STATE COORDINATION.-Each member state shall, through the
317creation of a state council or use of an existing body or board,
318provide for the coordination among its agencies of government,
319local education agencies, and military installations concerning
320the state's participation in, and compliance with, this compact
321and Interstate Commission activities.
322 A. Each member state may determine the membership of its
323own state council, but the membership must include at least: the
324state superintendent of education, the superintendent of a
325school district that has a high concentration of military
326children, a representative from a military installation, one
327representative each from the legislative and executive branches
328of government, and other offices and stakeholder groups the
329state council deems appropriate. A member state that does not
330have a school district deemed to contain a high concentration of
331military children may appoint a superintendent from another
332school district to represent local education agencies on the
333state council.
334 B. The state council of each member state shall appoint or
335designate a military family education liaison to assist military
336families and the state in facilitating the implementation of
337this compact.
338 C. The compact commissioner responsible for the
339administration and management of the state's participation in
340the compact shall be appointed by the Governor or as otherwise
341determined by each member state.
342 D. The compact commissioner and the military family
343education liaison shall be ex officio members of the state
344council, unless either is already a full voting member of the
345state council.
348MILITARY CHILDREN.-The member states hereby create the
349"Interstate Commission on Educational Opportunity for Military
350Children." The activities of the Interstate Commission are the
351formation of public policy and are a discretionary state
352function. The Interstate Commission shall:
353 A. Be a body corporate and joint agency of the member
354states and shall have all the responsibilities, powers, and
355duties set forth herein, and such additional powers as may be
356conferred upon it by a subsequent concurrent action of the
357respective legislatures of the member states in accordance with
358the terms of this compact.
359 B. Consist of one Interstate Commission voting
360representative from each member state who shall be that state's
361compact commissioner.
362 1. Each member state represented at a meeting of the
363Interstate Commission is entitled to one vote.
364 2. A majority of the total member states shall constitute
365a quorum for the transaction of business, unless a larger quorum
366is required by the bylaws of the Interstate Commission.
367 3. A representative shall not delegate a vote to another
368member state. In the event the compact commissioner is unable to
369attend a meeting of the Interstate Commission, the Governor or
370state council may delegate voting authority to another person
371from their state for a specified meeting.
372 4. The bylaws may provide for meetings of the Interstate
373Commission to be conducted by telecommunication or electronic
375 C. Consist of ex officio, nonvoting representatives who
376are members of interested organizations. The ex officio members,
377as defined in the bylaws, may include, but not be limited to,
378members of the representative organizations of military family
379advocates, local education agency officials, parent and teacher
380groups, the United States Department of Defense, the Education
381Commission of the States, the Interstate Agreement on the
382Qualification of Educational Personnel, and other interstate
383compacts affecting the education of children of military
385 D. Meet at least once each calendar year. The chairperson
386may call additional meetings and, upon the request of a simple
387majority of the member states, shall call additional meetings.
388 E. Establish an executive committee, whose members shall
389include the officers of the Interstate Commission and such other
390members of the Interstate Commission as determined by the
391bylaws. Members of the executive committee shall serve a 1-year
392term. Members of the executive committee are entitled to one
393vote each. The executive committee shall have the power to act
394on behalf of the Interstate Commission, with the exception of
395rulemaking, during periods when the Interstate Commission is not
396in session. The executive committee shall oversee the day-to-day
397activities of the administration of the compact, including
398enforcement and compliance with the compact, its bylaws and
399rules, and other such duties as deemed necessary. The United
400States Department of Defense shall serve as an ex officio,
401nonvoting member of the executive committee.
402 F. Establish bylaws and rules that provide for conditions
403and procedures under which the Interstate Commission shall make
404its information and official records available to the public for
405inspection or copying. The Interstate Commission may exempt from
406disclosure information or official records to the extent they
407would adversely affect personal privacy rights or proprietary
409 G. Give public notice of all meetings and all meetings
410shall be open to the public, except as set forth in the rules or
411as otherwise provided in the compact. The Interstate Commission
412and its committees may close a meeting, or portion thereof,
413where it determines by two-thirds vote that an open meeting
414would be likely to:
415 1. Relate solely to the Interstate Commission's internal
416personnel practices and procedures;
417 2. Disclose matters specifically exempted from disclosure
418by federal and state statute;
419 3. Disclose trade secrets or commercial or financial
420information which is privileged or confidential;
421 4. Involve accusing a person of a crime, or formally
422censuring a person;
423 5. Disclose information of a personal nature where
424disclosure would constitute a clearly unwarranted invasion of
425personal privacy;
426 6. Disclose investigative records compiled for law
427enforcement purposes; or
428 7. Specifically relate to the Interstate Commission's
429participation in a civil action or other legal proceeding.
430 H. For a meeting, or portion of a meeting, closed pursuant
431to this provision, the Interstate Commission's legal counsel or
432designee shall certify that the meeting may be closed and shall
433reference each relevant exemptible provision. The Interstate
434Commission shall keep minutes which shall fully and clearly
435describe all matters discussed in a meeting and shall provide a
436full and accurate summary of actions taken, and the reasons
437therefor, including a description of the views expressed and the
438record of a roll call vote. All documents considered in
439connection with an action shall be identified in such minutes.
440All minutes and documents of a closed meeting shall remain under
441seal, subject to release by a majority vote of the Interstate
443 F.I. The Interstate Commission shall collect standardized
444data concerning the educational transition of the children of
445military families under this compact as directed through its
446rules which shall specify the data to be collected, the means of
447collection and data exchange, and reporting requirements. The
448methods of data collection, exchange, and reporting shall,
449insofar as is reasonably possible, conform to current technology
450and coordinate its information functions with the appropriate
451custodian of records as identified in the bylaws and rules.
452 G.J. The Interstate Commission shall create a procedure
453that permits military officials, education officials, and
454parents to inform the Interstate Commission if and when there
455are alleged violations of the compact or its rules or when
456issues subject to the jurisdiction of the compact or its rules
457are not addressed by the state or local education agency. This
458section does not create a private right of action against the
459Interstate Commission or any member state.
462Interstate Commission has the power to:
463 A. Provide for dispute resolution among member states.
464 B. Adopt rules and take all necessary actions to effect
465the goals, purposes, and obligations as enumerated in this
466compact. The rules have the force and effect of statutory law
467and are binding in the compact states to the extent and in the
468manner provided in this compact.
469 C. Issue, upon request of a member state, advisory
470opinions concerning the meaning or interpretation of the
471interstate compact, its bylaws, rules, and actions.
472 D. Enforce compliance with the compact provisions, the
473rules adopted by the Interstate Commission, and the bylaws,
474using all necessary and proper means, including, but not limited
475to, the use of judicial process.
476 E. Establish and maintain offices that shall be located
477within one or more of the member states.
478 F. Purchase and maintain insurance and bonds.
479 G. Borrow, accept, hire, or contract for services of
481 H. Establish and appoint committees, including, but not
482limited to, an executive committee as required by Article IX,
483Section E, which shall have the power to act on behalf of the
484Interstate Commission in carrying out its powers and duties
486 I. Elect or appoint such officers, attorneys, employees,
487agents, or consultants, and to fix their compensation, define
488their duties, and determine their qualifications; and to
489establish the Interstate Commission's personnel policies and
490programs relating to conflicts of interest, rates of
491compensation, and qualifications of personnel.
492 J. Accept any and all donations and grants of money,
493equipment, supplies, materials, and services, and to receive,
494utilize, and dispose of it.
495 K. Lease, purchase, accept contributions or donations of,
496or otherwise to own, hold, improve, or use any property, real,
497personal, or mixed.
498 L. Sell, convey, mortgage, pledge, lease, exchange,
499abandon, or otherwise dispose of any property, real, personal,
500or mixed.
501 M. Establish a budget and make expenditures.
502 N. Adopt a seal and bylaws governing the management and
503operation of the Interstate Commission.
504 O. Report annually to the legislatures, governors,
505judiciary, and state councils of the member states concerning
506the activities of the Interstate Commission during the preceding
507year. Such reports shall also include any recommendations that
508may have been adopted by the Interstate Commission.
509 P. Coordinate education, training, and public awareness
510regarding the compact, its implementation, and operation for
511officials and parents involved in such activity.
512 Q. Establish uniform standards for the reporting,
513collecting, and exchanging of data.
514 R. Maintain corporate books and records in accordance with
515the bylaws.
516 S. Perform such functions as may be necessary or
517appropriate to achieve the purposes of this compact.
518 T. Provide for the uniform collection and sharing of
519information between and among member states, schools, and
520military families under this compact.
523 A. The Interstate Commission shall, by a majority of the
524members present and voting, within 12 months after the first
525Interstate Commission meeting, adopt bylaws to govern its
526conduct as may be necessary or appropriate to carry out the
527purposes of the compact, including, but not limited to:
528 1. Establishing the fiscal year of the Interstate
530 2. Establishing an executive committee and such other
531committees as may be necessary;
532 3. Providing for the establishment of committees and for
533governing any general or specific delegation of authority or
534function of the Interstate Commission;
535 4. Providing reasonable procedures for calling and
536conducting meetings of the Interstate Commission and ensuring
537reasonable notice of each such meeting;
538 5. Establishing the titles and responsibilities of the
539officers and staff of the Interstate Commission;
540 6. Providing a mechanism for concluding the operations of
541the Interstate Commission and the return of surplus funds that
542may exist upon the termination of the compact after the payment
543and reserving of all of its debts and obligations.
544 7. Providing "start up" rules for initial administration
545of the compact.
546 B. The Interstate Commission shall, by a majority of the
547members, elect annually from among its members a chairperson, a
548vice chairperson, and a treasurer, each of whom shall have such
549authority and duties as may be specified in the bylaws. The
550chairperson or, in the chairperson's absence or disability, the
551vice chairperson shall preside at all meetings of the Interstate
552Commission. The officers so elected shall serve without
553compensation or remuneration from the Interstate Commission;
554provided that, subject to the availability of budgeted funds,
555the officers shall be reimbursed for ordinary and necessary
556costs and expenses incurred by them in the performance of their
557responsibilities as officers of the Interstate Commission.
558 C. The executive committee has the authority and duties as
559may be set forth in the bylaws, including, but not limited to:
560 1. Managing the affairs of the Interstate Commission in a
561manner consistent with the bylaws and purposes of the Interstate
563 2. Overseeing an organizational structure within, and
564appropriate procedures for, the Interstate Commission to provide
565for the adoption of rules, operating procedures, and
566administrative and technical support functions; and
567 3. Planning, implementing, and coordinating communications
568and activities with other state, federal, and local government
569organizations in order to advance the goals of the Interstate
571 D. The executive committee may, subject to the approval of
572the Interstate Commission, appoint or retain an executive
573director for such period, upon such terms and conditions and for
574such compensation, as the Interstate Commission may deem
575appropriate. The executive director shall serve as secretary to
576the Interstate Commission but is not a member of the Interstate
577Commission. The executive director shall hire and supervise such
578other persons as may be authorized by the Interstate Commission.
579 E. The Interstate Commission's executive director and its
580employees are immune from suit and liability, either personally
581or in their official capacity, for a claim for damage to or loss
582of property or personal injury or other civil liability caused
583or arising out of, or relating to, an actual or alleged act,
584error, or omission that occurred, or that such person had a
585reasonable basis for believing occurred, within the scope of
586Interstate Commission employment, duties, or responsibilities,
587provided that the person is not protected from suit or liability
588for damage, loss, injury, or liability caused by the intentional
589or willful and wanton misconduct of the person.
590 1. The liability of the Interstate Commission's executive
591director and employees or Interstate Commission representatives,
592acting within the scope of the person's employment or duties,
593for acts, errors, or omissions occurring within the person's
594state may not exceed the limits of liability set forth under the
595constitution and laws of that state for state officials,
596employees, and agents. The Interstate Commission is considered
597to be an instrumentality of the states for the purposes of any
598such action. This subsection does not protect the person from
599suit or liability for damage, loss, injury, or liability caused
600by the intentional or willful and wanton misconduct of the
602 2. The Interstate Commission shall defend the executive
603director and its employees and, subject to the approval of the
604Attorney General or other appropriate legal counsel of the
605member state represented by an Interstate Commission
606representative, shall defend an Interstate Commission
607representative in any civil action seeking to impose liability
608arising out of an actual or alleged act, error, or omission that
609occurred within the scope of Interstate Commission employment,
610duties, or responsibilities, or that the defendant had a
611reasonable basis for believing occurred within the scope of
612Interstate Commission employment, duties, or responsibilities,
613provided that the actual or alleged act, error, or omission did
614not result from intentional or willful and wanton misconduct on
615the part of the person.
616 3. To the extent not covered by the state involved, a
617member state, the Interstate Commission, and the representatives
618or employees of the Interstate Commission shall be held harmless
619in the amount of a settlement or judgment, including attorney's
620fees and costs, obtained against a person arising out of an
621actual or alleged act, error, or omission that occurred within
622the scope of Interstate Commission employment, duties, or
623responsibilities, or that the person had a reasonable basis for
624believing occurred within the scope of Interstate Commission
625employment, duties, or responsibilities, provided that the
626actual or alleged act, error, or omission did not result from
627intentional or willful and wanton misconduct on the part of the
631Interstate Commission shall adopt rules to effectively and
632efficiently implement this act to achieve the purposes of this
634 A. If the Interstate Commission exercises its rulemaking
635authority in a manner that is beyond the scope of the purposes
636of this act, or the powers granted hereunder, the action
637undertaken by the Interstate Commission is invalid and has no
638force or effect.
639 B. Rules must be adopted pursuant to a rulemaking process
640that substantially conforms to the "Model State Administrative
641Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
6421 (2000) as amended, as may be appropriate to the operations of
643the Interstate Commission.
644 C. No later than 30 days after a rule is adopted, a person
645may file a petition for judicial review of the rule. The filing
646of the petition does not stay or otherwise prevent the rule from
647becoming effective unless a court finds that the petitioner has
648a substantial likelihood of success on the merits of the
649petition. The court shall give deference to the actions of the
650Interstate Commission consistent with applicable law and shall
651not find the rule to be unlawful if the rule represents a
652reasonable exercise of the Interstate Commission's authority.
653 D. If a majority of the legislatures of the compacting
654states rejects a rule by enactment of a statute or resolution in
655the same manner used to adopt the compact, then the rule is
656invalid and has no further force and effect in any compacting
660 A. The executive, legislative, and judicial branches of
661state government in each member state shall enforce this compact
662and shall take all actions necessary and appropriate to
663effectuate the compact's purposes and intent. The provisions of
664this compact and the rules adopted under it have the force and
665effect of statutory law.
666 B. All courts shall take judicial notice of the compact
667and its adopted rules in any judicial or administrative
668proceeding in a member state pertaining to the subject matter of
669this compact which may affect the powers, responsibilities, or
670actions of the Interstate Commission.
671 C. The Interstate Commission is entitled to receive all
672service of process in any such proceeding, and has standing to
673intervene in the proceeding for all purposes. Failure to provide
674service of process to the Interstate Commission renders a
675judgment or order void as to the Interstate Commission, this
676compact, or its adopted rules.
677 D. If the Interstate Commission determines that a member
678state has defaulted in the performance of its obligations or
679responsibilities under this compact, or the bylaws or the
680adopted rules, the Interstate Commission shall:
681 1. Provide written notice to the defaulting state and
682other member states of the nature of the default, the means of
683curing the default, and any action taken by the Interstate
684Commission. The Interstate Commission must specify the
685conditions by which the defaulting state must cure its default.
686 2. Provide remedial training and specific technical
687assistance regarding the default.
688 3. If the defaulting state fails to cure the default,
689terminate the defaulting state from the compact upon an
690affirmative vote of a majority of the member states and all
691rights, privileges, and benefits conferred by this compact shall
692be terminated from the effective date of termination. A cure of
693the default does not relieve the offending state of obligations
694or liabilities incurred during the period of the default.
695 E. Suspension or termination of membership in the compact
696may not be imposed on a member until all other means of securing
697compliance have been exhausted. Notice of the intent to suspend
698or terminate membership must be given by the Interstate
699Commission to the Governor, the majority and minority leaders of
700the defaulting state's legislature, and each of the member
702 F. A state that has been suspended or terminated is
703responsible for all assessments, obligations, and liabilities
704incurred through the effective date of suspension or
705termination, including obligations, the performance of which
706extends beyond the effective date of suspension or termination.
707 G. The remaining member states of the Interstate
708Commission do not bear any costs arising from a state that has
709been found to be in default or that has been suspended or
710terminated from the compact, unless otherwise mutually agreed
711upon in writing between the Interstate Commission and the
712defaulting state.
713 H. A defaulting state may appeal the action of the
714Interstate Commission by petitioning the United States District
715Court for the District of Columbia or the federal district where
716the Interstate Commission has its principal offices. The
717prevailing party shall be awarded all costs of such litigation,
718including reasonable attorney's fees.
719 I. The Interstate Commission shall attempt, upon the
720request of a member state, to resolve disputes that are subject
721to the compact and that may arise among member states and
722between member and nonmember states. The Interstate Commission
723shall promulgate a rule providing for both mediation and binding
724dispute resolution for disputes as appropriate.
725 1. The Interstate Commission, in the reasonable exercise
726of its discretion, shall enforce the provisions and rules of
727this compact.
728 2. The Interstate Commission may, by majority vote of the
729members, initiate legal action in the United States District
730Court for the District of Columbia or, at the discretion of the
731Interstate Commission, in the federal district where the
732Interstate Commission has its principal offices to enforce
733compliance with the provisions of the compact, or its
734promulgated rules and bylaws, against a member state in default.
735The relief sought may include both injunctive relief and
736damages. In the event judicial enforcement is necessary, the
737prevailing party shall be awarded all costs of such litigation,
738including reasonable attorney's fees.
739 3. The remedies herein are not the exclusive remedies of
740the Interstate Commission. The Interstate Commission may avail
741itself of any other remedies available under state law or the
742regulation of a profession.
745 A. The Interstate Commission shall pay, or provide for the
746payment of, the reasonable expenses of its establishment,
747organization, and ongoing activities.
748 B. The Interstate Commission may levy on and collect an
749annual assessment from each member state to cover the cost of
750the operations and activities of the Interstate Commission and
751its staff which must be in a total amount sufficient to cover
752the Interstate Commission's annual budget as approved each year.
753The aggregate annual assessment amount shall be allocated based
754upon a formula to be determined by the Interstate Commission,
755which shall adopt a rule binding upon all member states.
756 C. The Interstate Commission may not incur any obligation
757of any kind before securing the funds adequate to meet the
758obligation and the Interstate Commission may not pledge the
759credit of any of the member states, except by and with the
760permission of the member state.
761 D. The Interstate Commission shall keep accurate accounts
762of all receipts and disbursements. The receipts and
763disbursements of the Interstate Commission are subject to audit
764and accounting procedures established under its bylaws. However,
765all receipts and disbursements of funds handled by the
766Interstate Commission shall be audited yearly by a certified or
767licensed public accountant, and the report of the audit shall be
768included in and become part of the annual report of the
769Interstate Commission.
772 A. Any state is eligible to become a member state.
773 B. The compact shall take effect and be binding upon
774legislative enactment of the compact into law by not less than
77510 of the states. The effective date shall be no earlier than
776December 1, 2007. Thereafter, it shall become effective and
777binding as to any other member state upon enactment of the
778compact into law by that state. The governors of nonmember
779states or their designees shall be invited to participate in the
780activities of the Interstate Commission on a nonvoting basis
781before adoption of the compact by all states.
782 C. The Interstate Commission may propose amendments to the
783compact for enactment by the member states. An amendment does
784not become effective and binding upon the Interstate Commission
785and the member states until the amendment is enacted into law by
786unanimous consent of the member states.
789 A. Once in effect, the compact continues in force and
790remains binding upon each and every member state, provided that
791a member state may withdraw from the compact, specifically
792repealing the statute that enacted the compact into law.
793 1. Withdrawal from the compact occurs when a statute
794repealing its membership is enacted by the state, but does not
795take effect until 1 year after the effective date of the statute
796and until written notice of the withdrawal has been given by the
797withdrawing state to the Governor of each other member state.
798 2. The withdrawing state must immediately notify the
799chairperson of the Interstate Commission in writing upon the
800introduction of legislation repealing this compact in the
801withdrawing state. The Interstate Commission shall notify the
802other member states of the withdrawing state's intent to
803withdraw within 60 days after its receipt thereof.
804 3. A withdrawing state is responsible for all assessments,
805obligations, and liabilities incurred through the effective date
806of withdrawal, including obligations, the performance of which
807extend beyond the effective date of withdrawal.
808 4. Reinstatement following withdrawal of a member state
809shall occur upon the withdrawing state reenacting the compact or
810upon such later date as determined by the Interstate Commission.
811 B. This compact shall dissolve effective upon the date of
812the withdrawal or default of the member state which reduces the
813membership in the compact to one member state.
814 C. Upon the dissolution of this compact, the compact
815becomes void and has no further force or effect, and the
816business and affairs of the Interstate Commission shall be
817concluded and surplus funds shall be distributed in accordance
818with the bylaws.
821 A. The provisions of this compact shall be severable, and
822if any phrase, clause, sentence, or provision is deemed
823unenforceable, the remaining provisions of the compact shall be
825 B. The provisions of this compact shall be liberally
826construed to effectuate its purposes.
827 C. This compact does not prohibit the applicability of
828other interstate compacts to which the states are members.
831 A. This compact does not prevent the enforcement of any
832other law of a member state that is not inconsistent with this
834 B. All member states' laws conflicting with this compact
835are superseded to the extent of the conflict.
836 C. All lawful actions of the Interstate Commission,
837including all rules and bylaws promulgated by the Interstate
838Commission, are binding upon the member states.
839 D. All agreements between the Interstate Commission and
840the member states are binding in accordance with their terms.
841 E. If any part of this compact exceeds the constitutional
842limits imposed on the legislature of any member state, the
843provision shall be ineffective to the extent of the conflict
844with the constitutional provision in question in that member
846 Section 3. Sections 1000.36, 1000.37, 1000.38, and
8471000.39, Florida Statutes, shall stand repealed 3 years after
848the effective date of this act unless reviewed and saved from
849repeal through reenactment by the Legislature.
850 Section 4. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.