Bill Text: FL S1060 | 2010 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2010-04-22 - Placed on Special Order Calendar; Read 2nd time -SJ 00749; Substituted HB 521 -SJ 00749; Laid on Table, companion bill(s) passed, see HB 521 (Ch. 2010-52) -SJ 00749 [S1060 Detail]

Download: Florida-2010-S1060-Introduced.html

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Florida Senate - 2010                                    SB 1060 
 
By Senator Storms 
10-00544A-10                                          20101060__ 
1                        A bill to be entitled 
2         An act relating to the Interstate Compact on 
3         Educational Opportunity for Military Children; 
4         repealing s. 5 of ch. 2008-225, Laws of Florida; 
5         abrogating the future repeal of ss. 1000.36, 1000.37, 
6         1000.38, and 1000.39, F.S., relating to the compact; 
7         amending s. 1000.36, F.S.; deleting provisions 
8         relating to the disclosure of information and records 
9         and the closure of meetings by the Interstate 
10         Commission on Educational Opportunity for Military 
11         Children; providing for future legislative review and 
12         repeal of the compact; providing an effective date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. Section 5 of chapter 2008-225, Laws of Florida, 
17  is repealed. 
18         Section 2. Section 1000.36, Florida Statutes, is amended to 
19  read: 
20         1000.36 Interstate Compact on Educational Opportunity for 
21  Military Children.—The Governor is authorized and directed to 
22  execute the Interstate Compact on Educational Opportunity for 
23  Military Children on behalf of this state with any other state 
24  or states legally joining therein in the form substantially as 
25  follows: 
26                  Interstate Compact on Educational 
27                  Opportunity for Military Children 
28                              ARTICLE I 
29         PURPOSE.—It is the purpose of this compact to remove 
30  barriers to educational success imposed on children of military 
31  families because of frequent moves and deployment of their 
32  parents by: 
33         A. Facilitating the timely enrollment of children of 
34  military families and ensuring that they are not placed at a 
35  disadvantage due to difficulty in the transfer of education 
36  records from the previous school district or variations in 
37  entrance or age requirements. 
38         B. Facilitating the student placement process through which 
39  children of military families are not disadvantaged by 
40  variations in attendance requirements, scheduling, sequencing, 
41  grading, course content, or assessment. 
42         C. Facilitating the qualification and eligibility for 
43  enrollment, educational programs, and participation in 
44  extracurricular academic, athletic, and social activities. 
45         D. Facilitating the on-time graduation of children of 
46  military families. 
47         E. Providing for the adoption and enforcement of 
48  administrative rules implementing this compact. 
49         F. Providing for the uniform collection and sharing of 
50  information between and among member states, schools, and 
51  military families under this compact. 
52         G. Promoting coordination between this compact and other 
53  compacts affecting military children. 
54         H. Promoting flexibility and cooperation between the 
55  educational system, parents, and the student in order to achieve 
56  educational success for the student. 
57                             ARTICLE II 
58         DEFINITIONS.—As used in this compact, unless the context 
59  clearly requires a different construction, the term: 
60         A. “Active duty” means the full-time duty status in the 
61  active uniformed service of the United States, including members 
62  of the National Guard and Reserve on active duty orders pursuant 
63  to 10 U.S.C. ss. 1209 and 1211. 
64         B. “Children of military families” means school-aged 
65  children, enrolled in kindergarten through 12th grade, in the 
66  household of an active-duty member. 
67         C. “Compact commissioner” means the voting representative 
68  of each compacting state appointed under Article VIII of this 
69  compact. 
70         D. “Deployment” means the period 1 month before the service 
71  members’ departure from their home station on military orders 
72  through 6 months after return to their home station. 
73         E. “Educational records” or “education records” means those 
74  official records, files, and data directly related to a student 
75  and maintained by the school or local education agency, 
76  including, but not limited to, records encompassing all the 
77  material kept in the student’s cumulative folder such as general 
78  identifying data, records of attendance and of academic work 
79  completed, records of achievement and results of evaluative 
80  tests, health data, disciplinary status, test protocols, and 
81  individualized education programs. 
82         F. “Extracurricular activities” means a voluntary activity 
83  sponsored by the school or local education agency or an 
84  organization sanctioned by the local education agency. 
85  Extracurricular activities include, but are not limited to, 
86  preparation for and involvement in public performances, 
87  contests, athletic competitions, demonstrations, displays, and 
88  club activities. 
89         G. “Interstate Commission on Educational Opportunity for 
90  Military Children” means the commission that is created under 
91  Article IX of this compact, which is generally referred to as 
92  the Interstate Commission. 
93         H. “Local education agency” means a public authority 
94  legally constituted by the state as an administrative agency to 
95  provide control of, and direction for, kindergarten through 12th 
96  grade public educational institutions. 
97         I. “Member state” means a state that has enacted this 
98  compact. 
99         J. “Military installation” means a base, camp, post, 
100  station, yard, center, homeport facility for any ship, or other 
101  activity under the jurisdiction of the Department of Defense, 
102  including any leased facility, which is located within any of 
103  the several states, the District of Columbia, the Commonwealth 
104  of Puerto Rico, the United States Virgin Islands, Guam, American 
105  Samoa, the Northern Marianas Islands, and any other United 
106  States Territory. The term does not include any facility used 
107  primarily for civil works, rivers and harbors projects, or flood 
108  control projects. 
109         K. “Nonmember state” means a state that has not enacted 
110  this compact. 
111         L. “Receiving state” means the state to which a child of a 
112  military family is sent, brought, or caused to be sent or 
113  brought. 
114         M. “Rule” means a written statement by the Interstate 
115  Commission adopted under Article XII of this compact which is of 
116  general applicability, implements, interprets, or prescribes a 
117  policy or provision of the compact, or an organizational, 
118  procedural, or practice requirement of the Interstate 
119  Commission, and has the force and effect of statutory law in a 
120  member state, and includes the amendment, repeal, or suspension 
121  of an existing rule. 
122         N. “Sending state” means the state from which a child of a 
123  military family is sent, brought, or caused to be sent or 
124  brought. 
125         O. “State” means a state of the United States, the District 
126  of Columbia, the Commonwealth of Puerto Rico, the United States 
127  Virgin Islands, Guam, American Samoa, the Northern Marianas 
128  Islands, and any other United States Territory. 
129         P. “Student” means the child of a military family for whom 
130  the local education agency receives public funding and who is 
131  formally enrolled in kindergarten through 12th grade. 
132         Q. “Transition” means: 
133         1. The formal and physical process of transferring from 
134  school to school; or 
135         2. The period of time in which a student moves from one 
136  school in the sending state to another school in the receiving 
137  state. 
138         R. “Uniformed services” means the Army, Navy, Air Force, 
139  Marine Corps, Coast Guard as well as the Commissioned Corps of 
140  the National Oceanic and Atmospheric Administration, and Public 
141  Health Services. 
142         S. “Veteran” means a person who served in the uniformed 
143  services and who was discharged or released therefrom under 
144  conditions other than dishonorable. 
145                             ARTICLE III 
146         APPLICABILITY.— 
147         A. Except as otherwise provided in Section C, this compact 
148  applies to the children of: 
149         1. Active duty members of the uniformed services, including 
150  members of the National Guard and Reserve on active-duty orders 
151  pursuant to 10 U.S.C. ss. 1209 and 1211; 
152         2. Members or veterans of the uniformed services who are 
153  severely injured and medically discharged or retired for a 
154  period of 1 year after medical discharge or retirement; and 
155         3. Members of the uniformed services who die on active duty 
156  or as a result of injuries sustained on active duty for a period 
157  of 1 year after death. 
158         B. This interstate compact applies to local education 
159  agencies. 
160         C. This compact does not apply to the children of: 
161         1. Inactive members of the National Guard and military 
162  reserves; 
163         2. Members of the uniformed services now retired, except as 
164  provided in Section A; 
165         3. Veterans of the uniformed services, except as provided 
166  in Section A; and 
167         4. Other United States Department of Defense personnel and 
168  other federal agency civilian and contract employees not defined 
169  as active-duty members of the uniformed services. 
170                             ARTICLE IV 
171         EDUCATIONAL RECORDS AND ENROLLMENT.— 
172         A. If a child’s official education records cannot be 
173  released to the parents for the purpose of transfer, the 
174  custodian of the records in the sending state shall prepare and 
175  furnish to the parent a complete set of unofficial educational 
176  records containing uniform information as determined by the 
177  Interstate Commission. Upon receipt of the unofficial education 
178  records by a school in the receiving state, that school shall 
179  enroll and appropriately place the student based on the 
180  information provided in the unofficial records pending 
181  validation by the official records, as quickly as possible. 
182         B. Simultaneous with the enrollment and conditional 
183  placement of the student, the school in the receiving state 
184  shall request the student’s official education record from the 
185  school in the sending state. Upon receipt of the request, the 
186  school in the sending state shall process and furnish the 
187  official education records to the school in the receiving state 
188  within 10 days or within such time as is reasonably determined 
189  under the rules adopted by the Interstate Commission. 
190         C. Compact states must give 30 days from the date of 
191  enrollment or within such time as is reasonably determined under 
192  the rules adopted by the Interstate Commission for students to 
193  obtain any immunization required by the receiving state. For a 
194  series of immunizations, initial vaccinations must be obtained 
195  within 30 days or within such time as is reasonably determined 
196  under the rules promulgated by the Interstate Commission. 
197         D. Students shall be allowed to continue their enrollment 
198  at grade level in the receiving state commensurate with their 
199  grade level, including kindergarten, from a local education 
200  agency in the sending state at the time of transition, 
201  regardless of age. A student who has satisfactorily completed 
202  the prerequisite grade level in the local education agency in 
203  the sending state is eligible for enrollment in the next highest 
204  grade level in the receiving state, regardless of age. A student 
205  transferring after the start of the school year in the receiving 
206  state shall enter the school in the receiving state on their 
207  validated level from an accredited school in the sending state. 
208                              ARTICLE V 
209         PLACEMENT AND ATTENDANCE.— 
210         A. If a student transfers before or during the school year, 
211  the receiving state school shall initially honor placement of 
212  the student in educational courses based on the student’s 
213  enrollment in the sending state school or educational 
214  assessments conducted at the school in the sending state if the 
215  courses are offered. Course placement includes, but is not 
216  limited to, Honors, International Baccalaureate, Advanced 
217  Placement, vocational, technical, and career pathways courses. 
218  Continuing the student’s academic program from the previous 
219  school and promoting placement in academically and career 
220  challenging courses should be paramount when considering 
221  placement. A school in the receiving state is not precluded from 
222  performing subsequent evaluations to ensure appropriate 
223  placement and continued enrollment of the student in the 
224  courses. 
225         B. The receiving state school must initially honor 
226  placement of the student in educational programs based on 
227  current educational assessments conducted at the school in the 
228  sending state or participation or placement in like programs in 
229  the sending state. Such programs include, but are not limited 
230  to: 
231         1. Gifted and talented programs; and 
232         2. English as a second language (ESL). 
233  A school in the receiving state is not precluded from performing 
234  subsequent evaluations to ensure appropriate placement and 
235  continued enrollment of the student in the courses. 
236         C. A receiving state must initially provide comparable 
237  services to a student with disabilities based on his or her 
238  current individualized education program (IEP) in compliance 
239  with the requirements of the Individuals with Disabilities 
240  Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving 
241  state must make reasonable accommodations and modifications to 
242  address the needs of incoming students with disabilities, 
243  subject to an existing section 504 or title II plan, to provide 
244  the student with equal access to education, in compliance with 
245  the provisions of Section 504 of the Rehabilitation Act, 29 
246  U.S.C.A. s. 794, and with title II of the Americans with 
247  Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the 
248  receiving state is not precluded from performing subsequent 
249  evaluations to ensure appropriate placement and continued 
250  enrollment of the student in the courses. 
251         D. Local education agency administrative officials may 
252  waive course or program prerequisites, or other preconditions 
253  for placement in courses or programs offered under the 
254  jurisdiction of the local education agency. 
255         E. A student whose parent or legal guardian is an active 
256  duty member of the uniformed services and has been called to 
257  duty for, is on leave from, or immediately returned from 
258  deployment to, a combat zone or combat support posting shall be 
259  granted additional excused absences at the discretion of the 
260  local education agency superintendent to visit with his or her 
261  parent or legal guardian relative to such leave or deployment of 
262  the parent or guardian. 
263                             ARTICLE VI 
264         ELIGIBILITY.— 
265         A. When considering the eligibility of a child for 
266  enrolling in a school: 
267         1. A special power of attorney relative to the guardianship 
268  of a child of a military family and executed under applicable 
269  law is sufficient for the purposes of enrolling the child in 
270  school and for all other actions requiring parental 
271  participation and consent. 
272         2. A local education agency is prohibited from charging 
273  local tuition to a transitioning military child placed in the 
274  care of a noncustodial parent or other person standing in loco 
275  parentis who lives in a school’s jurisdiction different from 
276  that of the custodial parent. 
277         3. A transitioning military child, placed in the care of a 
278  noncustodial parent or other person standing in loco parentis 
279  who lives in a school’s jurisdiction different from that of the 
280  custodial parent, may continue to attend the school in which he 
281  or she was enrolled while residing with the custodial parent. 
282         B. State and local education agencies must facilitate the 
283  opportunity for transitioning military children’s inclusion in 
284  extracurricular activities, regardless of application deadlines, 
285  to the extent they are otherwise qualified. 
286                             ARTICLE VII 
287         GRADUATION.—In order to facilitate the on-time graduation 
288  of children of military families, states and local education 
289  agencies shall incorporate the following procedures: 
290         A. Local education agency administrative officials shall 
291  waive specific courses required for graduation if similar 
292  coursework has been satisfactorily completed in another local 
293  education agency or shall provide reasonable justification for 
294  denial. If a waiver is not granted to a student who would 
295  qualify to graduate from the sending school, the local education 
296  agency must provide an alternative means of acquiring required 
297  coursework so that graduation may occur on time. 
298         B. States shall accept exit or end-of-course exams required 
299  for graduation from the sending state; national norm-referenced 
300  achievement tests; or alternative testing, in lieu of testing 
301  requirements for graduation in the receiving state. If these 
302  alternatives cannot be accommodated by the receiving state for a 
303  student transferring in his or her senior year, then the 
304  provisions of Article VII, Section C shall apply. 
305         C. If a military student transfers at the beginning of or 
306  during his or her senior year and is not eligible to graduate 
307  from the receiving local education agency after all alternatives 
308  have been considered, the sending and receiving local education 
309  agencies must ensure the receipt of a diploma from the sending 
310  local education agency, if the student meets the graduation 
311  requirements of the sending local education agency. If one of 
312  the states in question is not a member of this compact, the 
313  member state shall use its best efforts to facilitate the on 
314  time graduation of the student in accordance with Sections A and 
315  B of this Article. 
316                            ARTICLE VIII 
317         STATE COORDINATION.—Each member state shall, through the 
318  creation of a state council or use of an existing body or board, 
319  provide for the coordination among its agencies of government, 
320  local education agencies, and military installations concerning 
321  the state’s participation in, and compliance with, this compact 
322  and Interstate Commission activities. 
323         A. Each member state may determine the membership of its 
324  own state council, but the membership must include at least: the 
325  state superintendent of education, the superintendent of a 
326  school district that has a high concentration of military 
327  children, a representative from a military installation, one 
328  representative each from the legislative and executive branches 
329  of government, and other offices and stakeholder groups the 
330  state council deems appropriate. A member state that does not 
331  have a school district deemed to contain a high concentration of 
332  military children may appoint a superintendent from another 
333  school district to represent local education agencies on the 
334  state council. 
335         B. The state council of each member state shall appoint or 
336  designate a military family education liaison to assist military 
337  families and the state in facilitating the implementation of 
338  this compact. 
339         C. The compact commissioner responsible for the 
340  administration and management of the state’s participation in 
341  the compact shall be appointed by the Governor or as otherwise 
342  determined by each member state. 
343         D. The compact commissioner and the military family 
344  education liaison shall be ex officio members of the state 
345  council, unless either is already a full voting member of the 
346  state council. 
347                             ARTICLE IX 
348         INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR 
349  MILITARY CHILDREN.—The member states hereby create the 
350  “Interstate Commission on Educational Opportunity for Military 
351  Children.” The activities of the Interstate Commission are the 
352  formation of public policy and are a discretionary state 
353  function. The Interstate Commission shall: 
354         A. Be a body corporate and joint agency of the member 
355  states and shall have all the responsibilities, powers, and 
356  duties set forth herein, and such additional powers as may be 
357  conferred upon it by a subsequent concurrent action of the 
358  respective legislatures of the member states in accordance with 
359  the terms of this compact. 
360         B. Consist of one Interstate Commission voting 
361  representative from each member state who shall be that state’s 
362  compact commissioner. 
363         1. Each member state represented at a meeting of the 
364  Interstate Commission is entitled to one vote. 
365         2. A majority of the total member states shall constitute a 
366  quorum for the transaction of business, unless a larger quorum 
367  is required by the bylaws of the Interstate Commission. 
368         3. A representative shall not delegate a vote to another 
369  member state. In the event the compact commissioner is unable to 
370  attend a meeting of the Interstate Commission, the Governor or 
371  state council may delegate voting authority to another person 
372  from their state for a specified meeting. 
373         4. The bylaws may provide for meetings of the Interstate 
374  Commission to be conducted by telecommunication or electronic 
375  communication. 
376         C. Consist of ex officio, nonvoting representatives who are 
377  members of interested organizations. The ex officio members, as 
378  defined in the bylaws, may include, but not be limited to, 
379  members of the representative organizations of military family 
380  advocates, local education agency officials, parent and teacher 
381  groups, the United States Department of Defense, the Education 
382  Commission of the States, the Interstate Agreement on the 
383  Qualification of Educational Personnel, and other interstate 
384  compacts affecting the education of children of military 
385  members. 
386         D. Meet at least once each calendar year. The chairperson 
387  may call additional meetings and, upon the request of a simple 
388  majority of the member states, shall call additional meetings. 
389         E. Establish an executive committee, whose members shall 
390  include the officers of the Interstate Commission and such other 
391  members of the Interstate Commission as determined by the 
392  bylaws. Members of the executive committee shall serve a 1-year 
393  term. Members of the executive committee are entitled to one 
394  vote each. The executive committee shall have the power to act 
395  on behalf of the Interstate Commission, with the exception of 
396  rulemaking, during periods when the Interstate Commission is not 
397  in session. The executive committee shall oversee the day-to-day 
398  activities of the administration of the compact, including 
399  enforcement and compliance with the compact, its bylaws and 
400  rules, and other such duties as deemed necessary. The United 
401  States Department of Defense shall serve as an ex officio, 
402  nonvoting member of the executive committee. 
403         F. Establish bylaws and rules that provide for conditions 
404  and procedures under which the Interstate Commission shall make 
405  its information and official records available to the public for 
406  inspection or copying. The Interstate Commission may exempt from 
407  disclosure information or official records to the extent they 
408  would adversely affect personal privacy rights or proprietary 
409  interests. 
410         G. Give public notice of all meetings and all meetings 
411  shall be open to the public, except as set forth in the rules or 
412  as otherwise provided in the compact. The Interstate Commission 
413  and its committees may close a meeting, or portion thereof, 
414  where it determines by two-thirds vote that an open meeting 
415  would be likely to: 
416         1. Relate solely to the Interstate Commission’s internal 
417  personnel practices and procedures; 
418         2. Disclose matters specifically exempted from disclosure 
419  by federal and state statute; 
420         3. Disclose trade secrets or commercial or financial 
421  information which is privileged or confidential; 
422         4. Involve accusing a person of a crime, or formally 
423  censuring a person; 
424         5. Disclose information of a personal nature where 
425  disclosure would constitute a clearly unwarranted invasion of 
426  personal privacy; 
427         6. Disclose investigative records compiled for law 
428  enforcement purposes; or 
429         7. Specifically relate to the Interstate Commission’s 
430  participation in a civil action or other legal proceeding. 
431         H. For a meeting, or portion of a meeting, closed pursuant 
432  to this provision, the Interstate Commission’s legal counsel or 
433  designee shall certify that the meeting may be closed and shall 
434  reference each relevant exemptible provision. The Interstate 
435  Commission shall keep minutes which shall fully and clearly 
436  describe all matters discussed in a meeting and shall provide a 
437  full and accurate summary of actions taken, and the reasons 
438  therefor, including a description of the views expressed and the 
439  record of a roll call vote. All documents considered in 
440  connection with an action shall be identified in such minutes. 
441  All minutes and documents of a closed meeting shall remain under 
442  seal, subject to release by a majority vote of the Interstate 
443  Commission. 
444         F.I. The Interstate Commission shall collect standardized 
445  data concerning the educational transition of the children of 
446  military families under this compact as directed through its 
447  rules which shall specify the data to be collected, the means of 
448  collection and data exchange, and reporting requirements. The 
449  methods of data collection, exchange, and reporting shall, 
450  insofar as is reasonably possible, conform to current technology 
451  and coordinate its information functions with the appropriate 
452  custodian of records as identified in the bylaws and rules. 
453         G.J. The Interstate Commission shall create a procedure 
454  that permits military officials, education officials, and 
455  parents to inform the Interstate Commission if and when there 
456  are alleged violations of the compact or its rules or when 
457  issues subject to the jurisdiction of the compact or its rules 
458  are not addressed by the state or local education agency. This 
459  section does not create a private right of action against the 
460  Interstate Commission or any member state. 
461                              ARTICLE X 
462         POWERS AND DUTIES OF THE INTERSTATE COMMISSION.—The 
463  Interstate Commission has the power to: 
464         A. Provide for dispute resolution among member states. 
465         B. Adopt rules and take all necessary actions to effect the 
466  goals, purposes, and obligations as enumerated in this compact. 
467  The rules have the force and effect of statutory law and are 
468  binding in the compact states to the extent and in the manner 
469  provided in this compact. 
470         C. Issue, upon request of a member state, advisory opinions 
471  concerning the meaning or interpretation of the interstate 
472  compact, its bylaws, rules, and actions. 
473         D. Enforce compliance with the compact provisions, the 
474  rules adopted by the Interstate Commission, and the bylaws, 
475  using all necessary and proper means, including, but not limited 
476  to, the use of judicial process. 
477         E. Establish and maintain offices that shall be located 
478  within one or more of the member states. 
479         F. Purchase and maintain insurance and bonds. 
480         G. Borrow, accept, hire, or contract for services of 
481  personnel. 
482         H. Establish and appoint committees, including, but not 
483  limited to, an executive committee as required by Article IX, 
484  Section E, which shall have the power to act on behalf of the 
485  Interstate Commission in carrying out its powers and duties 
486  hereunder. 
487         I. Elect or appoint such officers, attorneys, employees, 
488  agents, or consultants, and to fix their compensation, define 
489  their duties, and determine their qualifications; and to 
490  establish the Interstate Commission’s personnel policies and 
491  programs relating to conflicts of interest, rates of 
492  compensation, and qualifications of personnel. 
493         J. Accept any and all donations and grants of money, 
494  equipment, supplies, materials, and services, and to receive, 
495  utilize, and dispose of it. 
496         K. Lease, purchase, accept contributions or donations of, 
497  or otherwise to own, hold, improve, or use any property, real, 
498  personal, or mixed. 
499         L. Sell, convey, mortgage, pledge, lease, exchange, 
500  abandon, or otherwise dispose of any property, real, personal, 
501  or mixed. 
502         M. Establish a budget and make expenditures. 
503         N. Adopt a seal and bylaws governing the management and 
504  operation of the Interstate Commission. 
505         O. Report annually to the legislatures, governors, 
506  judiciary, and state councils of the member states concerning 
507  the activities of the Interstate Commission during the preceding 
508  year. Such reports shall also include any recommendations that 
509  may have been adopted by the Interstate Commission. 
510         P. Coordinate education, training, and public awareness 
511  regarding the compact, its implementation, and operation for 
512  officials and parents involved in such activity. 
513         Q. Establish uniform standards for the reporting, 
514  collecting, and exchanging of data. 
515         R. Maintain corporate books and records in accordance with 
516  the bylaws. 
517         S. Perform such functions as may be necessary or 
518  appropriate to achieve the purposes of this compact. 
519         T. Provide for the uniform collection and sharing of 
520  information between and among member states, schools, and 
521  military families under this compact. 
522                             ARTICLE XI 
523         ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.— 
524         A. The Interstate Commission shall, by a majority of the 
525  members present and voting, within 12 months after the first 
526  Interstate Commission meeting, adopt bylaws to govern its 
527  conduct as may be necessary or appropriate to carry out the 
528  purposes of the compact, including, but not limited to: 
529         1. Establishing the fiscal year of the Interstate 
530  Commission; 
531         2. Establishing an executive committee and such other 
532  committees as may be necessary; 
533         3. Providing for the establishment of committees and for 
534  governing any general or specific delegation of authority or 
535  function of the Interstate Commission; 
536         4. Providing reasonable procedures for calling and 
537  conducting meetings of the Interstate Commission and ensuring 
538  reasonable notice of each such meeting; 
539         5. Establishing the titles and responsibilities of the 
540  officers and staff of the Interstate Commission; 
541         6. Providing a mechanism for concluding the operations of 
542  the Interstate Commission and the return of surplus funds that 
543  may exist upon the termination of the compact after the payment 
544  and reserving of all of its debts and obligations. 
545         7. Providing “start up” rules for initial administration of 
546  the compact. 
547         B. The Interstate Commission shall, by a majority of the 
548  members, elect annually from among its members a chairperson, a 
549  vice chairperson, and a treasurer, each of whom shall have such 
550  authority and duties as may be specified in the bylaws. The 
551  chairperson or, in the chairperson’s absence or disability, the 
552  vice chairperson shall preside at all meetings of the Interstate 
553  Commission. The officers so elected shall serve without 
554  compensation or remuneration from the Interstate Commission; 
555  provided that, subject to the availability of budgeted funds, 
556  the officers shall be reimbursed for ordinary and necessary 
557  costs and expenses incurred by them in the performance of their 
558  responsibilities as officers of the Interstate Commission. 
559         C. The executive committee has the authority and duties as 
560  may be set forth in the bylaws, including, but not limited to: 
561         1. Managing the affairs of the Interstate Commission in a 
562  manner consistent with the bylaws and purposes of the Interstate 
563  Commission; 
564         2. Overseeing an organizational structure within, and 
565  appropriate procedures for, the Interstate Commission to provide 
566  for the adoption of rules, operating procedures, and 
567  administrative and technical support functions; and 
568         3. Planning, implementing, and coordinating communications 
569  and activities with other state, federal, and local government 
570  organizations in order to advance the goals of the Interstate 
571  Commission. 
572         D. The executive committee may, subject to the approval of 
573  the Interstate Commission, appoint or retain an executive 
574  director for such period, upon such terms and conditions and for 
575  such compensation, as the Interstate Commission may deem 
576  appropriate. The executive director shall serve as secretary to 
577  the Interstate Commission but is not a member of the Interstate 
578  Commission. The executive director shall hire and supervise such 
579  other persons as may be authorized by the Interstate Commission. 
580         E. The Interstate Commission’s executive director and its 
581  employees are immune from suit and liability, either personally 
582  or in their official capacity, for a claim for damage to or loss 
583  of property or personal injury or other civil liability caused 
584  or arising out of, or relating to, an actual or alleged act, 
585  error, or omission that occurred, or that such person had a 
586  reasonable basis for believing occurred, within the scope of 
587  Interstate Commission employment, duties, or responsibilities, 
588  provided that the person is not protected from suit or liability 
589  for damage, loss, injury, or liability caused by the intentional 
590  or willful and wanton misconduct of the person. 
591         1. The liability of the Interstate Commission’s executive 
592  director and employees or Interstate Commission representatives, 
593  acting within the scope of the person’s employment or duties, 
594  for acts, errors, or omissions occurring within the person’s 
595  state may not exceed the limits of liability set forth under the 
596  constitution and laws of that state for state officials, 
597  employees, and agents. The Interstate Commission is considered 
598  to be an instrumentality of the states for the purposes of any 
599  such action. This subsection does not protect the person from 
600  suit or liability for damage, loss, injury, or liability caused 
601  by the intentional or willful and wanton misconduct of the 
602  person. 
603         2. The Interstate Commission shall defend the executive 
604  director and its employees and, subject to the approval of the 
605  Attorney General or other appropriate legal counsel of the 
606  member state represented by an Interstate Commission 
607  representative, shall defend an Interstate Commission 
608  representative in any civil action seeking to impose liability 
609  arising out of an actual or alleged act, error, or omission that 
610  occurred within the scope of Interstate Commission employment, 
611  duties, or responsibilities, or that the defendant had a 
612  reasonable basis for believing occurred within the scope of 
613  Interstate Commission employment, duties, or responsibilities, 
614  provided that the actual or alleged act, error, or omission did 
615  not result from intentional or willful and wanton misconduct on 
616  the part of the person. 
617         3. To the extent not covered by the state involved, a 
618  member state, the Interstate Commission, and the representatives 
619  or employees of the Interstate Commission shall be held harmless 
620  in the amount of a settlement or judgment, including attorney’s 
621  fees and costs, obtained against a person arising out of an 
622  actual or alleged act, error, or omission that occurred within 
623  the scope of Interstate Commission employment, duties, or 
624  responsibilities, or that the person had a reasonable basis for 
625  believing occurred within the scope of Interstate Commission 
626  employment, duties, or responsibilities, provided that the 
627  actual or alleged act, error, or omission did not result from 
628  intentional or willful and wanton misconduct on the part of the 
629  person. 
630                             ARTICLE XII 
631         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.—The 
632  Interstate Commission shall adopt rules to effectively and 
633  efficiently implement this act to achieve the purposes of this 
634  compact. 
635         A. If the Interstate Commission exercises its rulemaking 
636  authority in a manner that is beyond the scope of the purposes 
637  of this act, or the powers granted hereunder, the action 
638  undertaken by the Interstate Commission is invalid and has no 
639  force or effect. 
640         B. Rules must be adopted pursuant to a rulemaking process 
641  that substantially conforms to the “Model State Administrative 
642  Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 
643  1 (2000) as amended, as may be appropriate to the operations of 
644  the Interstate Commission. 
645         C. No later than 30 days after a rule is adopted, a person 
646  may file a petition for judicial review of the rule. The filing 
647  of the petition does not stay or otherwise prevent the rule from 
648  becoming effective unless a court finds that the petitioner has 
649  a substantial likelihood of success on the merits of the 
650  petition. The court shall give deference to the actions of the 
651  Interstate Commission consistent with applicable law and shall 
652  not find the rule to be unlawful if the rule represents a 
653  reasonable exercise of the Interstate Commission’s authority. 
654         D. If a majority of the legislatures of the compacting 
655  states rejects a rule by enactment of a statute or resolution in 
656  the same manner used to adopt the compact, then the rule is 
657  invalid and has no further force and effect in any compacting 
658  state. 
659                            ARTICLE XIII 
660         OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.— 
661         A. The executive, legislative, and judicial branches of 
662  state government in each member state shall enforce this compact 
663  and shall take all actions necessary and appropriate to 
664  effectuate the compact’s purposes and intent. The provisions of 
665  this compact and the rules adopted under it have the force and 
666  effect of statutory law. 
667         B. All courts shall take judicial notice of the compact and 
668  its adopted rules in any judicial or administrative proceeding 
669  in a member state pertaining to the subject matter of this 
670  compact which may affect the powers, responsibilities, or 
671  actions of the Interstate Commission. 
672         C. The Interstate Commission is entitled to receive all 
673  service of process in any such proceeding, and has standing to 
674  intervene in the proceeding for all purposes. Failure to provide 
675  service of process to the Interstate Commission renders a 
676  judgment or order void as to the Interstate Commission, this 
677  compact, or its adopted rules. 
678         D. If the Interstate Commission determines that a member 
679  state has defaulted in the performance of its obligations or 
680  responsibilities under this compact, or the bylaws or the 
681  adopted rules, the Interstate Commission shall: 
682         1. Provide written notice to the defaulting state and other 
683  member states of the nature of the default, the means of curing 
684  the default, and any action taken by the Interstate Commission. 
685  The Interstate Commission must specify the conditions by which 
686  the defaulting state must cure its default. 
687         2. Provide remedial training and specific technical 
688  assistance regarding the default. 
689         3. If the defaulting state fails to cure the default, 
690  terminate the defaulting state from the compact upon an 
691  affirmative vote of a majority of the member states and all 
692  rights, privileges, and benefits conferred by this compact shall 
693  be terminated from the effective date of termination. A cure of 
694  the default does not relieve the offending state of obligations 
695  or liabilities incurred during the period of the default. 
696         E. Suspension or termination of membership in the compact 
697  may not be imposed on a member until all other means of securing 
698  compliance have been exhausted. Notice of the intent to suspend 
699  or terminate membership must be given by the Interstate 
700  Commission to the Governor, the majority and minority leaders of 
701  the defaulting state’s legislature, and each of the member 
702  states. 
703         F. A state that has been suspended or terminated is 
704  responsible for all assessments, obligations, and liabilities 
705  incurred through the effective date of suspension or 
706  termination, including obligations, the performance of which 
707  extends beyond the effective date of suspension or termination. 
708         G. The remaining member states of the Interstate Commission 
709  do not bear any costs arising from a state that has been found 
710  to be in default or that has been suspended or terminated from 
711  the compact, unless otherwise mutually agreed upon in writing 
712  between the Interstate Commission and the 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 of 
726  its discretion, shall enforce the provisions and rules of this 
727  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 the 
840  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 1000.39, 
847  Florida Statutes, shall stand repealed 3 years after the 
848  effective date of this act unless reviewed and saved from repeal 
849  through reenactment by the Legislature. 
850         Section 4. This act shall take effect upon becoming a law.