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

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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

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HB 521

1	A bill to be entitled
2	An act relating to the Interstate Compact on Educational
3	Opportunity for Military Children; repealing s. 5 of ch.
4	2008-225, Laws of Florida; abrogating the future repeal of
5	ss. 1000.36, 1000.37, 1000.38, and 1000.39, F.S., relating
6	to the compact; amending s. 1000.36, F.S.; deleting
7	provisions relating to the disclosure of information and
8	records and the closure of meetings by the Interstate
9	Commission on Educational Opportunity for Military
10	Children; providing for future legislative review and
11	repeal of the compact; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 5 of chapter 2008-225, Laws of Florida,
16	is repealed.
17	Section 2. Section 1000.36, Florida Statutes, is amended
18	to read:
19	1000.36 Interstate Compact on Educational Opportunity for
20	Military Children.-The Governor is authorized and directed to
21	execute the Interstate Compact on Educational Opportunity for
22	Military Children on behalf of this state with any other state
23	or states legally joining therein in the form substantially as
24	follows:
25	Interstate Compact on Educational
26	Opportunity for Military Children
27	ARTICLE I
28	PURPOSE.-It is the purpose of this compact to remove
29	barriers to educational success imposed on children of military
30	families because of frequent moves and deployment of their
31	parents by:
32	A. Facilitating the timely enrollment of children of
33	military families and ensuring that they are not placed at a
34	disadvantage due to difficulty in the transfer of education
35	records from the previous school district or variations in
36	entrance or age requirements.
37	B. Facilitating the student placement process through
38	which children of military families are not disadvantaged by
39	variations in attendance requirements, scheduling, sequencing,
40	grading, course content, or assessment.
41	C. Facilitating the qualification and eligibility for
42	enrollment, educational programs, and participation in
43	extracurricular academic, athletic, and social activities.
44	D. Facilitating the on-time graduation of children of
45	military families.
46	E. Providing for the adoption and enforcement of
47	administrative rules implementing this compact.
48	F. Providing for the uniform collection and sharing of
49	information between and among member states, schools, and
50	military families under this compact.
51	G. Promoting coordination between this compact and other
52	compacts affecting military children.
53	H. Promoting flexibility and cooperation between the
54	educational system, parents, and the student in order to achieve
55	educational success for the student.
56	ARTICLE II
57	DEFINITIONS.-As used in this compact, unless the context
58	clearly requires a different construction, the term:
59	A. "Active duty" means the full-time duty status in the
60	active uniformed service of the United States, including members
61	of the National Guard and Reserve on active duty orders pursuant
62	to 10 U.S.C. ss. 1209 and 1211.
63	B. "Children of military families" means school-aged
64	children, enrolled in kindergarten through 12th grade, in the
65	household of an active-duty member.
66	C. "Compact commissioner" means the voting representative
67	of each compacting state appointed under Article VIII of this
68	compact.
69	D. "Deployment" means the period 1 month before the
70	service members' departure from their home station on military
71	orders through 6 months after return to their home station.
72	E. "Educational records" or "education records" means
73	those official records, files, and data directly related to a
74	student and maintained by the school or local education agency,
75	including, but not limited to, records encompassing all the
76	material kept in the student's cumulative folder such as general
77	identifying data, records of attendance and of academic work
78	completed, records of achievement and results of evaluative
79	tests, health data, disciplinary status, test protocols, and
80	individualized education programs.
81	F. "Extracurricular activities" means a voluntary activity
82	sponsored by the school or local education agency or an
83	organization sanctioned by the local education agency.
84	Extracurricular activities include, but are not limited to,
85	preparation for and involvement in public performances,
86	contests, athletic competitions, demonstrations, displays, and
87	club activities.
88	G. "Interstate Commission on Educational Opportunity for
89	Military Children" means the commission that is created under
90	Article IX of this compact, which is generally referred to as
91	the Interstate Commission.
92	H. "Local education agency" means a public authority
93	legally constituted by the state as an administrative agency to
94	provide control of, and direction for, kindergarten through 12th
95	grade public educational institutions.
96	I. "Member state" means a state that has enacted this
97	compact.
98	J. "Military installation" means a base, camp, post,
99	station, yard, center, homeport facility for any ship, or other
100	activity under the jurisdiction of the Department of Defense,
101	including any leased facility, which is located within any of
102	the several states, the District of Columbia, the Commonwealth
103	of Puerto Rico, the United States Virgin Islands, Guam, American
104	Samoa, the Northern Marianas Islands, and any other United
105	States Territory. The term does not include any facility used
106	primarily for civil works, rivers and harbors projects, or flood
107	control projects.
108	K. "Nonmember state" means a state that has not enacted
109	this compact.
110	L. "Receiving state" means the state to which a child of a
111	military family is sent, brought, or caused to be sent or
112	brought.
113	M. "Rule" means a written statement by the Interstate
114	Commission adopted under Article XII of this compact which is of
115	general applicability, implements, interprets, or prescribes a
116	policy or provision of the compact, or an organizational,
117	procedural, or practice requirement of the Interstate
118	Commission, and has the force and effect of statutory law in a
119	member state, and includes the amendment, repeal, or suspension
120	of an existing rule.
121	N. "Sending state" means the state from which a child of a
122	military family is sent, brought, or caused to be sent or
123	brought.
124	O. "State" means a state of the United States, the
125	District of Columbia, the Commonwealth of Puerto Rico, the
126	United States Virgin Islands, Guam, American Samoa, the Northern
127	Marianas Islands, and any other United States Territory.
128	P. "Student" means the child of a military family for whom
129	the local education agency receives public funding and who is
130	formally enrolled in kindergarten through 12th grade.
131	Q. "Transition" means:
132	1. The formal and physical process of transferring from
133	school to school; or
134	2. The period of time in which a student moves from one
135	school in the sending state to another school in the receiving
136	state.
137	R. "Uniformed services" means the Army, Navy, Air Force,
138	Marine Corps, Coast Guard as well as the Commissioned Corps of
139	the National Oceanic and Atmospheric Administration, and Public
140	Health Services.
141	S. "Veteran" means a person who served in the uniformed
142	services and who was discharged or released therefrom under
143	conditions other than dishonorable.
144	ARTICLE III
145	APPLICABILITY.-
146	A. Except as otherwise provided in Section C, this compact
147	applies to the children of:
148	1. Active duty members of the uniformed services,
149	including members of the National Guard and Reserve on active-
150	duty orders pursuant to 10 U.S.C. ss. 1209 and 1211;
151	2. Members or veterans of the uniformed services who are
152	severely injured and medically discharged or retired for a
153	period of 1 year after medical discharge or retirement; and
154	3. Members of the uniformed services who die on active
155	duty or as a result of injuries sustained on active duty for a
156	period of 1 year after death.
157	B. This interstate compact applies to local education
158	agencies.
159	C. This compact does not apply to the children of:
160	1. Inactive members of the National Guard and military
161	reserves;
162	2. Members of the uniformed services now retired, except
163	as provided in Section A;
164	3. Veterans of the uniformed services, except as provided
165	in Section A; and
166	4. Other United States Department of Defense personnel and
167	other federal agency civilian and contract employees not defined
168	as active-duty members of the uniformed services.
169	ARTICLE IV
170	EDUCATIONAL RECORDS AND ENROLLMENT.-
171	A. If a child's official education records cannot be
172	released to the parents for the purpose of transfer, the
173	custodian of the records in the sending state shall prepare and
174	furnish to the parent a complete set of unofficial educational
175	records containing uniform information as determined by the
176	Interstate Commission. Upon receipt of the unofficial education
177	records by a school in the receiving state, that school shall
178	enroll and appropriately place the student based on the
179	information provided in the unofficial records pending
180	validation by the official records, as quickly as possible.
181	B. Simultaneous with the enrollment and conditional
182	placement of the student, the school in the receiving state
183	shall request the student's official education record from the
184	school in the sending state. Upon receipt of the request, the
185	school in the sending state shall process and furnish the
186	official education records to the school in the receiving state
187	within 10 days or within such time as is reasonably determined
188	under the rules adopted by the Interstate Commission.
189	C. Compact states must give 30 days from the date of
190	enrollment or within such time as is reasonably determined under
191	the rules adopted by the Interstate Commission for students to
192	obtain any immunization required by the receiving state. For a
193	series of immunizations, initial vaccinations must be obtained
194	within 30 days or within such time as is reasonably determined
195	under the rules promulgated by the Interstate Commission.
196	D. Students shall be allowed to continue their enrollment
197	at grade level in the receiving state commensurate with their
198	grade level, including kindergarten, from a local education
199	agency in the sending state at the time of transition,
200	regardless of age. A student who has satisfactorily completed
201	the prerequisite grade level in the local education agency in
202	the sending state is eligible for enrollment in the next highest
203	grade level in the receiving state, regardless of age. A student
204	transferring after the start of the school year in the receiving
205	state shall enter the school in the receiving state on their
206	validated level from an accredited school in the sending state.
207	ARTICLE V
208	PLACEMENT AND ATTENDANCE.-
209	A. If a student transfers before or during the school
210	year, the receiving state school shall initially honor placement
211	of the student in educational courses based on the student's
212	enrollment in the sending state school or educational
213	assessments conducted at the school in the sending state if the
214	courses are offered. Course placement includes, but is not
215	limited to, Honors, International Baccalaureate, Advanced
216	Placement, vocational, technical, and career pathways courses.
217	Continuing the student's academic program from the previous
218	school and promoting placement in academically and career
219	challenging courses should be paramount when considering
220	placement. A school in the receiving state is not precluded from
221	performing subsequent evaluations to ensure appropriate
222	placement and continued enrollment of the student in the
223	courses.
224	B. The receiving state school must initially honor
225	placement of the student in educational programs based on
226	current educational assessments conducted at the school in the
227	sending state or participation or placement in like programs in
228	the sending state. Such programs include, but are not limited
229	to:
230	1. Gifted and talented programs; and
231	2. English as a second language (ESL).
232	A school in the receiving state is not precluded from performing
233	subsequent evaluations to ensure appropriate placement and
234	continued enrollment of the student in the courses.
235	C. A receiving state must initially provide comparable
236	services to a student with disabilities based on his or her
237	current individualized education program (IEP) in compliance
238	with the requirements of the Individuals with Disabilities
239	Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
240	state must make reasonable accommodations and modifications to
241	address the needs of incoming students with disabilities,
242	subject to an existing section 504 or title II plan, to provide
243	the student with equal access to education, in compliance with
244	the provisions of Section 504 of the Rehabilitation Act, 29
245	U.S.C.A. s. 794, and with title II of the Americans with
246	Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
247	receiving state is not precluded from performing subsequent
248	evaluations to ensure appropriate placement and continued
249	enrollment of the student in the courses.
250	D. Local education agency administrative officials may
251	waive course or program prerequisites, or other preconditions
252	for placement in courses or programs offered under the
253	jurisdiction of the local education agency.
254	E. A student whose parent or legal guardian is an active-
255	duty member of the uniformed services and has been called to
256	duty for, is on leave from, or immediately returned from
257	deployment to, a combat zone or combat support posting shall be
258	granted additional excused absences at the discretion of the
259	local education agency superintendent to visit with his or her
260	parent or legal guardian relative to such leave or deployment of
261	the parent or guardian.
262	ARTICLE VI
263	ELIGIBILITY.-
264	A. When considering the eligibility of a child for
265	enrolling in a school:
266	1. A special power of attorney relative to the
267	guardianship of a child of a military family and executed under
268	applicable law is sufficient for the purposes of enrolling the
269	child in school and for all other actions requiring parental
270	participation and consent.
271	2. A local education agency is prohibited from charging
272	local tuition to a transitioning military child placed in the
273	care of a noncustodial parent or other person standing in loco
274	parentis who lives in a school's jurisdiction different from
275	that of the custodial parent.
276	3. A transitioning military child, placed in the care of a
277	noncustodial parent or other person standing in loco parentis
278	who lives in a school's jurisdiction different from that of the
279	custodial parent, may continue to attend the school in which he
280	or she was enrolled while residing with the custodial parent.
281	B. State and local education agencies must facilitate the
282	opportunity for transitioning military children's inclusion in
283	extracurricular activities, regardless of application deadlines,
284	to the extent they are otherwise qualified.
285	ARTICLE VII
286	GRADUATION.-In order to facilitate the on-time graduation
287	of children of military families, states and local education
288	agencies shall incorporate the following procedures:
289	A. Local education agency administrative officials shall
290	waive specific courses required for graduation if similar
291	coursework has been satisfactorily completed in another local
292	education agency or shall provide reasonable justification for
293	denial. If a waiver is not granted to a student who would
294	qualify to graduate from the sending school, the local education
295	agency must provide an alternative means of acquiring required
296	coursework so that graduation may occur on time.
297	B. States shall accept exit or end-of-course exams
298	required for graduation from the sending state; national norm-
299	referenced achievement tests; or alternative testing, in lieu of
300	testing requirements for graduation in the receiving state. If
301	these alternatives cannot be accommodated by the receiving state
302	for a student transferring in his or her senior year, then the
303	provisions of Article VII, Section C shall apply.
304	C. If a military student transfers at the beginning of or
305	during his or her senior year and is not eligible to graduate
306	from the receiving local education agency after all alternatives
307	have been considered, the sending and receiving local education
308	agencies must ensure the receipt of a diploma from the sending
309	local education agency, if the student meets the graduation
310	requirements of the sending local education agency. If one of
311	the states in question is not a member of this compact, the
312	member state shall use its best efforts to facilitate the on-
313	time graduation of the student in accordance with Sections A and
314	B of this Article.
315	ARTICLE VIII
316	STATE COORDINATION.-Each member state shall, through the
317	creation of a state council or use of an existing body or board,
318	provide for the coordination among its agencies of government,
319	local education agencies, and military installations concerning
320	the state's participation in, and compliance with, this compact
321	and Interstate Commission activities.
322	A. Each member state may determine the membership of its
323	own state council, but the membership must include at least: the
324	state superintendent of education, the superintendent of a
325	school district that has a high concentration of military
326	children, a representative from a military installation, one
327	representative each from the legislative and executive branches
328	of government, and other offices and stakeholder groups the
329	state council deems appropriate. A member state that does not
330	have a school district deemed to contain a high concentration of
331	military children may appoint a superintendent from another
332	school district to represent local education agencies on the
333	state council.
334	B. The state council of each member state shall appoint or
335	designate a military family education liaison to assist military
336	families and the state in facilitating the implementation of
337	this compact.
338	C. The compact commissioner responsible for the
339	administration and management of the state's participation in
340	the compact shall be appointed by the Governor or as otherwise
341	determined by each member state.
342	D. The compact commissioner and the military family
343	education liaison shall be ex officio members of the state
344	council, unless either is already a full voting member of the
345	state council.
346	ARTICLE IX
347	INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
348	MILITARY CHILDREN.-The member states hereby create the
349	"Interstate Commission on Educational Opportunity for Military
350	Children." The activities of the Interstate Commission are the
351	formation of public policy and are a discretionary state
352	function. The Interstate Commission shall:
353	A. Be a body corporate and joint agency of the member
354	states and shall have all the responsibilities, powers, and
355	duties set forth herein, and such additional powers as may be
356	conferred upon it by a subsequent concurrent action of the
357	respective legislatures of the member states in accordance with
358	the terms of this compact.
359	B. Consist of one Interstate Commission voting
360	representative from each member state who shall be that state's
361	compact commissioner.
362	1. Each member state represented at a meeting of the
363	Interstate Commission is entitled to one vote.
364	2. A majority of the total member states shall constitute
365	a quorum for the transaction of business, unless a larger quorum
366	is required by the bylaws of the Interstate Commission.
367	3. A representative shall not delegate a vote to another
368	member state. In the event the compact commissioner is unable to
369	attend a meeting of the Interstate Commission, the Governor or
370	state council may delegate voting authority to another person
371	from their state for a specified meeting.
372	4. The bylaws may provide for meetings of the Interstate
373	Commission to be conducted by telecommunication or electronic
374	communication.
375	C. Consist of ex officio, nonvoting representatives who
376	are members of interested organizations. The ex officio members,
377	as defined in the bylaws, may include, but not be limited to,
378	members of the representative organizations of military family
379	advocates, local education agency officials, parent and teacher
380	groups, the United States Department of Defense, the Education
381	Commission of the States, the Interstate Agreement on the
382	Qualification of Educational Personnel, and other interstate
383	compacts affecting the education of children of military
384	members.
385	D. Meet at least once each calendar year. The chairperson
386	may call additional meetings and, upon the request of a simple
387	majority of the member states, shall call additional meetings.
388	E. Establish an executive committee, whose members shall
389	include the officers of the Interstate Commission and such other
390	members of the Interstate Commission as determined by the
391	bylaws. Members of the executive committee shall serve a 1-year
392	term. Members of the executive committee are entitled to one
393	vote each. The executive committee shall have the power to act
394	on behalf of the Interstate Commission, with the exception of
395	rulemaking, during periods when the Interstate Commission is not
396	in session. The executive committee shall oversee the day-to-day
397	activities of the administration of the compact, including
398	enforcement and compliance with the compact, its bylaws and
399	rules, and other such duties as deemed necessary. The United
400	States Department of Defense shall serve as an ex officio,
401	nonvoting member of the executive committee.
402	F. Establish bylaws and rules that provide for conditions
403	and procedures under which the Interstate Commission shall make
404	its information and official records available to the public for
405	inspection or copying. The Interstate Commission may exempt from
406	disclosure information or official records to the extent they
407	would adversely affect personal privacy rights or proprietary
408	interests.
409	G. Give public notice of all meetings and all meetings
410	shall be open to the public, except as set forth in the rules or
411	as otherwise provided in the compact. The Interstate Commission
412	and its committees may close a meeting, or portion thereof,
413	where it determines by two-thirds vote that an open meeting
414	would be likely to:
415	1. Relate solely to the Interstate Commission's internal
416	personnel practices and procedures;
417	2. Disclose matters specifically exempted from disclosure
418	by federal and state statute;
419	3. Disclose trade secrets or commercial or financial
420	information which is privileged or confidential;
421	4. Involve accusing a person of a crime, or formally
422	censuring a person;
423	5. Disclose information of a personal nature where
424	disclosure would constitute a clearly unwarranted invasion of
425	personal privacy;
426	6. Disclose investigative records compiled for law
427	enforcement purposes; or
428	7. Specifically relate to the Interstate Commission's
429	participation in a civil action or other legal proceeding.
430	H. For a meeting, or portion of a meeting, closed pursuant
431	to this provision, the Interstate Commission's legal counsel or
432	designee shall certify that the meeting may be closed and shall
433	reference each relevant exemptible provision. The Interstate
434	Commission shall keep minutes which shall fully and clearly
435	describe all matters discussed in a meeting and shall provide a
436	full and accurate summary of actions taken, and the reasons
437	therefor, including a description of the views expressed and the
438	record of a roll call vote. All documents considered in
439	connection with an action shall be identified in such minutes.
440	All minutes and documents of a closed meeting shall remain under
441	seal, subject to release by a majority vote of the Interstate
442	Commission.
443	F.I. The Interstate Commission shall collect standardized
444	data concerning the educational transition of the children of
445	military families under this compact as directed through its
446	rules which shall specify the data to be collected, the means of
447	collection and data exchange, and reporting requirements. The
448	methods of data collection, exchange, and reporting shall,
449	insofar as is reasonably possible, conform to current technology
450	and coordinate its information functions with the appropriate
451	custodian of records as identified in the bylaws and rules.
452	G.J. The Interstate Commission shall create a procedure
453	that permits military officials, education officials, and
454	parents to inform the Interstate Commission if and when there
455	are alleged violations of the compact or its rules or when
456	issues subject to the jurisdiction of the compact or its rules
457	are not addressed by the state or local education agency. This
458	section does not create a private right of action against the
459	Interstate Commission or any member state.
460	ARTICLE X
461	POWERS AND DUTIES OF THE INTERSTATE COMMISSION.-The
462	Interstate 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
465	the goals, purposes, and obligations as enumerated in this
466	compact. The rules have the force and effect of statutory law
467	and are binding in the compact states to the extent and in the
468	manner provided in this compact.
469	C. Issue, upon request of a member state, advisory
470	opinions concerning the meaning or interpretation of the
471	interstate compact, its bylaws, rules, and actions.
472	D. Enforce compliance with the compact provisions, the
473	rules adopted by the Interstate Commission, and the bylaws,
474	using all necessary and proper means, including, but not limited
475	to, the use of judicial process.
476	E. Establish and maintain offices that shall be located
477	within 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
480	personnel.
481	H. Establish and appoint committees, including, but not
482	limited to, an executive committee as required by Article IX,
483	Section E, which shall have the power to act on behalf of the
484	Interstate Commission in carrying out its powers and duties
485	hereunder.
486	I. Elect or appoint such officers, attorneys, employees,
487	agents, or consultants, and to fix their compensation, define
488	their duties, and determine their qualifications; and to
489	establish the Interstate Commission's personnel policies and
490	programs relating to conflicts of interest, rates of
491	compensation, and qualifications of personnel.
492	J. Accept any and all donations and grants of money,
493	equipment, supplies, materials, and services, and to receive,
494	utilize, and dispose of it.
495	K. Lease, purchase, accept contributions or donations of,
496	or otherwise to own, hold, improve, or use any property, real,
497	personal, or mixed.
498	L. Sell, convey, mortgage, pledge, lease, exchange,
499	abandon, or otherwise dispose of any property, real, personal,
500	or mixed.
501	M. Establish a budget and make expenditures.
502	N. Adopt a seal and bylaws governing the management and
503	operation of the Interstate Commission.
504	O. Report annually to the legislatures, governors,
505	judiciary, and state councils of the member states concerning
506	the activities of the Interstate Commission during the preceding
507	year. Such reports shall also include any recommendations that
508	may have been adopted by the Interstate Commission.
509	P. Coordinate education, training, and public awareness
510	regarding the compact, its implementation, and operation for
511	officials and parents involved in such activity.
512	Q. Establish uniform standards for the reporting,
513	collecting, and exchanging of data.
514	R. Maintain corporate books and records in accordance with
515	the bylaws.
516	S. Perform such functions as may be necessary or
517	appropriate to achieve the purposes of this compact.
518	T. Provide for the uniform collection and sharing of
519	information between and among member states, schools, and
520	military families under this compact.
521	ARTICLE XI
522	ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.-
523	A. The Interstate Commission shall, by a majority of the
524	members present and voting, within 12 months after the first
525	Interstate Commission meeting, adopt bylaws to govern its
526	conduct as may be necessary or appropriate to carry out the
527	purposes of the compact, including, but not limited to:
528	1. Establishing the fiscal year of the Interstate
529	Commission;
530	2. Establishing an executive committee and such other
531	committees as may be necessary;
532	3. Providing for the establishment of committees and for
533	governing any general or specific delegation of authority or
534	function of the Interstate Commission;
535	4. Providing reasonable procedures for calling and
536	conducting meetings of the Interstate Commission and ensuring
537	reasonable notice of each such meeting;
538	5. Establishing the titles and responsibilities of the
539	officers and staff of the Interstate Commission;
540	6. Providing a mechanism for concluding the operations of
541	the Interstate Commission and the return of surplus funds that
542	may exist upon the termination of the compact after the payment
543	and reserving of all of its debts and obligations.
544	7. Providing "start up" rules for initial administration
545	of the compact.
546	B. The Interstate Commission shall, by a majority of the
547	members, elect annually from among its members a chairperson, a
548	vice chairperson, and a treasurer, each of whom shall have such
549	authority and duties as may be specified in the bylaws. The
550	chairperson or, in the chairperson's absence or disability, the
551	vice chairperson shall preside at all meetings of the Interstate
552	Commission. The officers so elected shall serve without
553	compensation or remuneration from the Interstate Commission;
554	provided that, subject to the availability of budgeted funds,
555	the officers shall be reimbursed for ordinary and necessary
556	costs and expenses incurred by them in the performance of their
557	responsibilities as officers of the Interstate Commission.
558	C. The executive committee has the authority and duties as
559	may be set forth in the bylaws, including, but not limited to:
560	1. Managing the affairs of the Interstate Commission in a
561	manner consistent with the bylaws and purposes of the Interstate
562	Commission;
563	2. Overseeing an organizational structure within, and
564	appropriate procedures for, the Interstate Commission to provide
565	for the adoption of rules, operating procedures, and
566	administrative and technical support functions; and
567	3. Planning, implementing, and coordinating communications
568	and activities with other state, federal, and local government
569	organizations in order to advance the goals of the Interstate
570	Commission.
571	D. The executive committee may, subject to the approval of
572	the Interstate Commission, appoint or retain an executive
573	director for such period, upon such terms and conditions and for
574	such compensation, as the Interstate Commission may deem
575	appropriate. The executive director shall serve as secretary to
576	the Interstate Commission but is not a member of the Interstate
577	Commission. The executive director shall hire and supervise such
578	other persons as may be authorized by the Interstate Commission.
579	E. The Interstate Commission's executive director and its
580	employees are immune from suit and liability, either personally
581	or in their official capacity, for a claim for damage to or loss
582	of property or personal injury or other civil liability caused
583	or arising out of, or relating to, an actual or alleged act,
584	error, or omission that occurred, or that such person had a
585	reasonable basis for believing occurred, within the scope of
586	Interstate Commission employment, duties, or responsibilities,
587	provided that the person is not protected from suit or liability
588	for damage, loss, injury, or liability caused by the intentional
589	or willful and wanton misconduct of the person.
590	1. The liability of the Interstate Commission's executive
591	director and employees or Interstate Commission representatives,
592	acting within the scope of the person's employment or duties,
593	for acts, errors, or omissions occurring within the person's
594	state may not exceed the limits of liability set forth under the
595	constitution and laws of that state for state officials,
596	employees, and agents. The Interstate Commission is considered
597	to be an instrumentality of the states for the purposes of any
598	such action. This subsection does not protect the person from
599	suit or liability for damage, loss, injury, or liability caused
600	by the intentional or willful and wanton misconduct of the
601	person.
602	2. The Interstate Commission shall defend the executive
603	director and its employees and, subject to the approval of the
604	Attorney General or other appropriate legal counsel of the
605	member state represented by an Interstate Commission
606	representative, shall defend an Interstate Commission
607	representative in any civil action seeking to impose liability
608	arising out of an actual or alleged act, error, or omission that
609	occurred within the scope of Interstate Commission employment,
610	duties, or responsibilities, or that the defendant had a
611	reasonable basis for believing occurred within the scope of
612	Interstate Commission employment, duties, or responsibilities,
613	provided that the actual or alleged act, error, or omission did
614	not result from intentional or willful and wanton misconduct on
615	the part of the person.
616	3. To the extent not covered by the state involved, a
617	member state, the Interstate Commission, and the representatives
618	or employees of the Interstate Commission shall be held harmless
619	in the amount of a settlement or judgment, including attorney's
620	fees and costs, obtained against a person arising out of an
621	actual or alleged act, error, or omission that occurred within
622	the scope of Interstate Commission employment, duties, or
623	responsibilities, or that the person had a reasonable basis for
624	believing occurred within the scope of Interstate Commission
625	employment, duties, or responsibilities, provided that the
626	actual or alleged act, error, or omission did not result from
627	intentional or willful and wanton misconduct on the part of the
628	person.
629	ARTICLE XII
630	RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.-The
631	Interstate Commission shall adopt rules to effectively and
632	efficiently implement this act to achieve the purposes of this
633	compact.
634	A. If the Interstate Commission exercises its rulemaking
635	authority in a manner that is beyond the scope of the purposes
636	of this act, or the powers granted hereunder, the action
637	undertaken by the Interstate Commission is invalid and has no
638	force or effect.
639	B. Rules must be adopted pursuant to a rulemaking process
640	that substantially conforms to the "Model State Administrative
641	Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
642	1 (2000) as amended, as may be appropriate to the operations of
643	the Interstate Commission.
644	C. No later than 30 days after a rule is adopted, a person
645	may file a petition for judicial review of the rule. The filing
646	of the petition does not stay or otherwise prevent the rule from
647	becoming effective unless a court finds that the petitioner has
648	a substantial likelihood of success on the merits of the
649	petition. The court shall give deference to the actions of the
650	Interstate Commission consistent with applicable law and shall
651	not find the rule to be unlawful if the rule represents a
652	reasonable exercise of the Interstate Commission's authority.
653	D. If a majority of the legislatures of the compacting
654	states rejects a rule by enactment of a statute or resolution in
655	the same manner used to adopt the compact, then the rule is
656	invalid and has no further force and effect in any compacting
657	state.
658	ARTICLE XIII
659	OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.-
660	A. The executive, legislative, and judicial branches of
661	state government in each member state shall enforce this compact
662	and shall take all actions necessary and appropriate to
663	effectuate the compact's purposes and intent. The provisions of
664	this compact and the rules adopted under it have the force and
665	effect of statutory law.
666	B. All courts shall take judicial notice of the compact
667	and its adopted rules in any judicial or administrative
668	proceeding in a member state pertaining to the subject matter of
669	this compact which may affect the powers, responsibilities, or
670	actions of the Interstate Commission.
671	C. The Interstate Commission is entitled to receive all
672	service of process in any such proceeding, and has standing to
673	intervene in the proceeding for all purposes. Failure to provide
674	service of process to the Interstate Commission renders a
675	judgment or order void as to the Interstate Commission, this
676	compact, or its adopted rules.
677	D. If the Interstate Commission determines that a member
678	state has defaulted in the performance of its obligations or
679	responsibilities under this compact, or the bylaws or the
680	adopted rules, the Interstate Commission shall:
681	1. Provide written notice to the defaulting state and
682	other member states of the nature of the default, the means of
683	curing the default, and any action taken by the Interstate
684	Commission. The Interstate Commission must specify the
685	conditions by which the defaulting state must cure its default.
686	2. Provide remedial training and specific technical
687	assistance regarding the default.
688	3. If the defaulting state fails to cure the default,
689	terminate the defaulting state from the compact upon an
690	affirmative vote of a majority of the member states and all
691	rights, privileges, and benefits conferred by this compact shall
692	be terminated from the effective date of termination. A cure of
693	the default does not relieve the offending state of obligations
694	or liabilities incurred during the period of the default.
695	E. Suspension or termination of membership in the compact
696	may not be imposed on a member until all other means of securing
697	compliance have been exhausted. Notice of the intent to suspend
698	or terminate membership must be given by the Interstate
699	Commission to the Governor, the majority and minority leaders of
700	the defaulting state's legislature, and each of the member
701	states.
702	F. A state that has been suspended or terminated is
703	responsible for all assessments, obligations, and liabilities
704	incurred through the effective date of suspension or
705	termination, including obligations, the performance of which
706	extends beyond the effective date of suspension or termination.
707	G. The remaining member states of the Interstate
708	Commission do not bear any costs arising from a state that has
709	been found to be in default or that has been suspended or
710	terminated from the compact, unless otherwise mutually agreed
711	upon in writing between the Interstate Commission and the
712	defaulting state.
713	H. A defaulting state may appeal the action of the
714	Interstate Commission by petitioning the United States District
715	Court for the District of Columbia or the federal district where
716	the Interstate Commission has its principal offices. The
717	prevailing party shall be awarded all costs of such litigation,
718	including reasonable attorney's fees.
719	I. The Interstate Commission shall attempt, upon the
720	request of a member state, to resolve disputes that are subject
721	to the compact and that may arise among member states and
722	between member and nonmember states. The Interstate Commission
723	shall promulgate a rule providing for both mediation and binding
724	dispute resolution for disputes as appropriate.
725	1. The Interstate Commission, in the reasonable exercise
726	of its discretion, shall enforce the provisions and rules of
727	this compact.
728	2. The Interstate Commission may, by majority vote of the
729	members, initiate legal action in the United States District
730	Court for the District of Columbia or, at the discretion of the
731	Interstate Commission, in the federal district where the
732	Interstate Commission has its principal offices to enforce
733	compliance with the provisions of the compact, or its
734	promulgated rules and bylaws, against a member state in default.
735	The relief sought may include both injunctive relief and
736	damages. In the event judicial enforcement is necessary, the
737	prevailing party shall be awarded all costs of such litigation,
738	including reasonable attorney's fees.
739	3. The remedies herein are not the exclusive remedies of
740	the Interstate Commission. The Interstate Commission may avail
741	itself of any other remedies available under state law or the
742	regulation of a profession.
743	ARTICLE XIV
744	FINANCING OF THE INTERSTATE COMMISSION.-
745	A. The Interstate Commission shall pay, or provide for the
746	payment of, the reasonable expenses of its establishment,
747	organization, and ongoing activities.
748	B. The Interstate Commission may levy on and collect an
749	annual assessment from each member state to cover the cost of
750	the operations and activities of the Interstate Commission and
751	its staff which must be in a total amount sufficient to cover
752	the Interstate Commission's annual budget as approved each year.
753	The aggregate annual assessment amount shall be allocated based
754	upon a formula to be determined by the Interstate Commission,
755	which shall adopt a rule binding upon all member states.
756	C. The Interstate Commission may not incur any obligation
757	of any kind before securing the funds adequate to meet the
758	obligation and the Interstate Commission may not pledge the
759	credit of any of the member states, except by and with the
760	permission of the member state.
761	D. The Interstate Commission shall keep accurate accounts
762	of all receipts and disbursements. The receipts and
763	disbursements of the Interstate Commission are subject to audit
764	and accounting procedures established under its bylaws. However,
765	all receipts and disbursements of funds handled by the
766	Interstate Commission shall be audited yearly by a certified or
767	licensed public accountant, and the report of the audit shall be
768	included in and become part of the annual report of the
769	Interstate Commission.
770	ARTICLE XV
771	MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.-
772	A. Any state is eligible to become a member state.
773	B. The compact shall take effect and be binding upon
774	legislative enactment of the compact into law by not less than
775	10 of the states. The effective date shall be no earlier than
776	December 1, 2007. Thereafter, it shall become effective and
777	binding as to any other member state upon enactment of the
778	compact into law by that state. The governors of nonmember
779	states or their designees shall be invited to participate in the
780	activities of the Interstate Commission on a nonvoting basis
781	before adoption of the compact by all states.
782	C. The Interstate Commission may propose amendments to the
783	compact for enactment by the member states. An amendment does
784	not become effective and binding upon the Interstate Commission
785	and the member states until the amendment is enacted into law by
786	unanimous consent of the member states.
787	ARTICLE XVI
788	WITHDRAWAL AND DISSOLUTION.-
789	A. Once in effect, the compact continues in force and
790	remains binding upon each and every member state, provided that
791	a member state may withdraw from the compact, specifically
792	repealing the statute that enacted the compact into law.
793	1. Withdrawal from the compact occurs when a statute
794	repealing its membership is enacted by the state, but does not
795	take effect until 1 year after the effective date of the statute
796	and until written notice of the withdrawal has been given by the
797	withdrawing state to the Governor of each other member state.
798	2. The withdrawing state must immediately notify the
799	chairperson of the Interstate Commission in writing upon the
800	introduction of legislation repealing this compact in the
801	withdrawing state. The Interstate Commission shall notify the
802	other member states of the withdrawing state's intent to
803	withdraw within 60 days after its receipt thereof.
804	3. A withdrawing state is responsible for all assessments,
805	obligations, and liabilities incurred through the effective date
806	of withdrawal, including obligations, the performance of which
807	extend beyond the effective date of withdrawal.
808	4. Reinstatement following withdrawal of a member state
809	shall occur upon the withdrawing state reenacting the compact or
810	upon such later date as determined by the Interstate Commission.
811	B. This compact shall dissolve effective upon the date of
812	the withdrawal or default of the member state which reduces the
813	membership in the compact to one member state.
814	C. Upon the dissolution of this compact, the compact
815	becomes void and has no further force or effect, and the
816	business and affairs of the Interstate Commission shall be
817	concluded and surplus funds shall be distributed in accordance
818	with the bylaws.
819	ARTICLE XVII
820	SEVERABILITY AND CONSTRUCTION.-
821	A. The provisions of this compact shall be severable, and
822	if any phrase, clause, sentence, or provision is deemed
823	unenforceable, the remaining provisions of the compact shall be
824	enforceable.
825	B. The provisions of this compact shall be liberally
826	construed to effectuate its purposes.
827	C. This compact does not prohibit the applicability of
828	other interstate compacts to which the states are members.
829	ARTICLE XVIII
830	BINDING EFFECT OF COMPACT AND OTHER LAWS.-
831	A. This compact does not prevent the enforcement of any
832	other law of a member state that is not inconsistent with this
833	compact.
834	B. All member states' laws conflicting with this compact
835	are superseded to the extent of the conflict.
836	C. All lawful actions of the Interstate Commission,
837	including all rules and bylaws promulgated by the Interstate
838	Commission, are binding upon the member states.
839	D. All agreements between the Interstate Commission and
840	the member states are binding in accordance with their terms.
841	E. If any part of this compact exceeds the constitutional
842	limits imposed on the legislature of any member state, the
843	provision shall be ineffective to the extent of the conflict
844	with the constitutional provision in question in that member
845	state.
846	Section 3. Sections 1000.36, 1000.37, 1000.38, and
847	1000.39, Florida Statutes, shall stand repealed 3 years after
848	the effective date of this act unless reviewed and saved from
849	repeal 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.