Senate Bill sb0274c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                            CS for SB 274

    By the Committee on Governmental Oversight and Productivity;
    and Senator Crist




    585-2054-05

  1                      A bill to be entitled

  2         An act relating to the Interstate Compact for

  3         Juveniles; amending s. 985.502, F.S.; revising

  4         provisions of the former Interstate Compact on

  5         Juveniles; providing purpose of the compact;

  6         providing definitions; providing for an

  7         Interstate Commission for Juveniles; providing

  8         for the appointment of commissioners; providing

  9         for an executive committee; providing for

10         meetings; providing powers and duties of the

11         Interstate Commission; providing for its

12         organization and operation; providing for

13         bylaws, officers, and staff; providing for

14         qualified immunity from liability for the

15         commissioners, the executive director, and

16         employees; requiring the Interstate Commission

17         to adopt rules; providing for oversight,

18         enforcement, and dispute resolution by the

19         Interstate Commission; providing for the

20         activities of the Interstate Commission to be

21         financed by an annual assessment from each

22         compacting state; requiring member states to

23         create a State Council for Interstate Juvenile

24         Supervision; providing for the effective date

25         of the compact and amendments thereto;

26         providing for a state's withdrawal from and

27         reinstatement to the compact; providing for

28         assistance, certain penalties, suspension, or

29         termination following default by a state;

30         providing for judicial enforcement; providing

31         for dissolution of the compact; providing for

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         severability and construction of the compact;

 2         providing for the effect of the compact with

 3         respect to other laws and for its binding

 4         effect; creating s. 985.5025, F.S.; creating

 5         the State Council for Interstate Juvenile

 6         Offender Supervision to oversee state

 7         participation in the compact; providing

 8         membership; providing for records and open

 9         meetings; prescribing procedures if the council

10         is abolished; providing for the review and

11         future repeal of ss. 985.502 and 985.5025,

12         F.S.; repealing ss. 985.503, 985.504, 985.505,

13         985.506, and 985.507, F.S., relating to

14         obsolete provisions governing the former

15         compact superseded by the act; providing an

16         effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Section 985.502, Florida Statutes, is

21  amended to read:

22         (Substantial rewording of section. See

23         s. 985.502, F.S., for present text.)

24         985.502  Execution of interstate compact for

25  juveniles.--The Governor is authorized and directed to execute

26  a compact on behalf of this state with any other state or

27  states legally joining thereto in the form substantially as

28  follows. This compact does not interfere with this state's

29  authority to determine policy regarding juvenile offenders and

30  nonoffenders within this state.

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1               THE INTERSTATE COMPACT FOR JUVENILES

 2  

 3                            ARTICLE I

 4  

 5         PURPOSE.--

 6         (1)  The compacting states to this Interstate Compact

 7  recognize that each state is responsible for the proper

 8  supervision or return of juveniles, delinquents, and status

 9  offenders who are on probation or parole and who have

10  absconded, escaped, or run away from supervision and control

11  and in so doing have endangered their own safety and the

12  safety of others. The compacting states also recognize that

13  each state is responsible for the safe return of juveniles who

14  have run away from home and in doing so have left their state

15  of residence. The compacting states also recognize that

16  Congress, by enacting the Crime Control Act, 4 U.S.C. s. 112

17  (1965), has authorized and encouraged compacts for cooperative

18  efforts and mutual assistance in the prevention of crime.

19         (2)  It is the purpose of this compact, through means

20  of joint and cooperative action among the compacting states

21  to: (A) ensure that the adjudicated juveniles and status

22  offenders subject to this compact are provided adequate

23  supervision and services in the receiving state as ordered by

24  the adjudicating judge or parole authority in the sending

25  state; (B) ensure that the public safety interests of the

26  public, including the victims of juvenile offenders, in both

27  the sending and receiving states are adequately protected; (C)

28  return juveniles who have run away, absconded, or escaped from

29  supervision or control or who have been accused of an offense

30  to the state requesting their return; (D) make contracts for

31  the cooperative institutionalization in public facilities in

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  member states for delinquent youth needing special services;

 2  (E) provide for the effective tracking and supervision of

 3  juveniles; (F) equitably allocate the costs, benefits, and

 4  obligations of the compacting states; (G) establish procedures

 5  to manage the movement between states of juvenile offenders

 6  released to the community under the jurisdiction of courts,

 7  juvenile departments, or any other criminal or juvenile

 8  justice agency that has jurisdiction over juvenile offenders;

 9  (H) ensure immediate notice to jurisdictions where defined

10  offenders are authorized to travel or to relocate across state

11  lines; (I) establish procedures to resolve pending charges

12  (detainers) against juvenile offenders prior to transfer or

13  release to the community under the terms of this compact; (J)

14  establish a system of uniform data collection of information

15  pertaining to juveniles subject to this compact which allows

16  access by authorized juvenile justice and criminal justice

17  officials, and regular reporting of activities under this

18  compact to heads of state executive, judicial, and legislative

19  branches and juvenile and criminal justice administrators; (K)

20  monitor compliance with rules governing interstate movement of

21  juveniles and initiate interventions to address and correct

22  noncompliance; (L) coordinate training and education regarding

23  the regulation of interstate movement of juveniles for

24  officials involved in such activity; and (M) coordinate the

25  implementation and operation of the compact with the

26  Interstate Compact for the Placement of Children, the

27  Interstate Compact for Adult Offender Supervision, and other

28  compacts affecting juveniles particularly in those cases where

29  concurrent or overlapping supervision issues arise. It is the

30  policy of the compacting states that the activities conducted

31  by the Interstate Commission created in this compact are the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  formation of public policies and therefore are public

 2  business. Furthermore, the compacting states shall cooperate

 3  and observe their individual and collective duties and

 4  responsibilities for the prompt return and acceptance of

 5  juveniles subject to the provisions of the compact. The

 6  provisions of the compact shall be reasonably and liberally

 7  construed to accomplish the purposes and policies of the

 8  compact.

 9  

10                            ARTICLE II

11  

12         DEFINITIONS.--As used in this compact, unless the

13  context clearly requires a different construction:

14         (1)  "Bylaws" means those bylaws established by the

15  Interstate Commission for its governance or for directing or

16  controlling its actions or conduct.

17         (2)  "Compact administrator" means the individual in

18  each compacting state, appointed pursuant to the terms of this

19  compact, who is responsible for the administration and

20  management of the state's supervision and transfer of

21  juveniles subject to the terms of this compact, the rules

22  adopted by the Interstate Commission, and the policies adopted

23  by the state council under this compact.

24         (3)  "Compacting state" means any state that has

25  enacted the enabling legislation for this compact.

26         (4)  "Commissioner" means the voting representative of

27  each compacting state appointed pursuant to Article III of

28  this compact.

29         (5)  "Court" means any court having jurisdiction over

30  delinquent, neglected, or dependent children.

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (6)  "Deputy compact administrator" means the

 2  individual, if any, in each compacting state appointed to act

 3  on behalf of a compact administrator pursuant to the terms of

 4  the compact who is responsible for the administration and

 5  management of the state's supervision and transfer of

 6  juveniles subject to the terms of this compact, the rules

 7  adopted by the Interstate Commission, and the policies adopted

 8  by the state council under this compact.

 9         (7)  "Interstate Commission" means the Interstate

10  Commission for Juveniles created by Article III of this

11  compact.

12         (8)  "Juvenile" means any person defined as a juvenile

13  in any member state or by the rules of the Interstate

14  Commission, including:

15         (a)  Accused delinquent - a person charged with an

16  offense that, if committed by an adult, would be a criminal

17  offense;

18         (b)  Adjudicated delinquent - a person found to have

19  committed an offense that, if committed by an adult, would be

20  a criminal offense;

21         (c)  Accused status offender - a person charged with an

22  offense that would not be a criminal offense if committed by

23  an adult;

24         (d)  Adjudicated status offender - a person found to

25  have committed an offense that would not be a criminal offense

26  if committed by an adult; and

27         (e)  Nonoffender - a person in need of supervision who

28  has not been accused or adjudicated a status offender or

29  delinquent.

30         (9)  "Noncompacting state" means any state that has not

31  enacted the enabling legislation for this compact.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (10)  "Probation or parole" means any kind of

 2  supervision or conditional release of juveniles authorized

 3  under the laws of the compacting states.

 4         (11)  "Rule" means a written statement by the

 5  Interstate Commission adopted pursuant to Article VI of this

 6  compact which is of general applicability and implements,

 7  interprets, or prescribes a policy or provision of the

 8  compact, or an organizational, procedural, or practice

 9  requirement of the commission; has the force and effect of

10  statutory law in a compacting state; and includes the

11  amendment, repeal, or suspension of an existing rule.

12         (12)  "State" means a state of the United States, the

13  District of Columbia (or its designee), the Commonwealth of

14  Puerto Rico, the United States Virgin Islands, Guam, American

15  Samoa, and the Northern Mariana Islands.

16  

17                           ARTICLE III

18  

19         INTERSTATE COMMISSION FOR JUVENILES.--

20         (1)  The compacting states hereby create the

21  "Interstate Commission for Juveniles." The Interstate

22  Commission shall be a body corporate and joint agency of the

23  compacting states. The Interstate Commission shall have all

24  the responsibilities, powers, and duties set forth in this

25  compact, and such additional powers as may be conferred upon

26  it by subsequent action of the respective legislatures of the

27  compacting states in accordance with the terms of this

28  compact.

29         (2)  The Interstate Commission shall consist of

30  commissioners appointed by the appropriate appointing

31  authority in each state pursuant to the rules and requirements

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  of each compacting state and in consultation with the State

 2  Council for Interstate Juvenile Supervision created hereunder.

 3  The commissioner shall be the compact administrator, deputy

 4  compact administrator, or designee from that state who shall

 5  serve on the Interstate Commission in such capacity under or

 6  pursuant to the applicable law of the compacting state.

 7         (3)  In addition to the commissioners who are the

 8  voting representatives of each state, the Interstate

 9  Commission shall include individuals who are not

10  commissioners, but who are members of interested

11  organizations. Such noncommissioner members must include a

12  member of the national organization of governors,

13  legislatures, state chief justices, attorneys general,

14  Interstate Compact for Adult Offender Supervision, Interstate

15  Compact for the Placement of Children, juvenile justice and

16  juvenile corrections officials, and crime victims. All

17  noncommissioner members of the Interstate Commission shall be

18  ex officio, nonvoting members. The Interstate Commission may

19  provide in its bylaws for such additional ex officio,

20  nonvoting members, including members of other national

21  organizations, in such numbers as shall be determined by the

22  Interstate Commission.

23         (4)  Each compacting state represented at any meeting

24  of the Interstate Commission is entitled to one vote. A

25  majority of the compacting states shall constitute a quorum

26  for the transaction of business, unless a larger quorum is

27  required by the bylaws of the Interstate Commission.

28         (5)  The Interstate Commission shall establish an

29  executive committee, which shall include commission officers,

30  members, and others as determined by the bylaws. The executive

31  committee shall have the power to act on behalf of the

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  Interstate Commission during periods when the Interstate

 2  Commission is not in session, with the exception of rulemaking

 3  or amendment to the compact. The executive committee shall

 4  oversee the day-to-day activities of the administration of the

 5  compact, which shall be managed by an executive director and

 6  Interstate Commission staff. The executive committee shall

 7  administer enforcement and compliance with the provisions of

 8  the compact, its bylaws, and rules, and shall perform other

 9  duties as directed by the Interstate Commission or set forth

10  in the bylaws.

11         (6)  Each member of the Interstate Commission shall

12  have the right and power to cast a vote to which that

13  compacting state is entitled and to participate in the

14  business and affairs of the Interstate Commission. A member

15  shall vote in person and may not delegate a vote to another

16  compacting state. However, a commissioner, in consultation

17  with the state council, shall appoint another authorized

18  representative, in the absence of the commissioner from that

19  state, to cast a vote on behalf of the compacting state at a

20  specified meeting. The bylaws may provide for members'

21  participation in meetings by telephone or other means of

22  telecommunication or electronic communication.

23         (7)  The Interstate Commission shall collect

24  standardized data concerning the interstate movement of

25  juveniles as directed through its rules, which shall specify

26  the data to be collected, the means of collection and data

27  exchange, and reporting requirements. Such methods of data

28  collection, exchange, and reporting shall, insofar as is

29  reasonably possible, conform to up-to-date technology and

30  coordinate its information functions with the appropriate

31  repository of records.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  

 2                            ARTICLE IV

 3  

 4         POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The

 5  Interstate Commission shall have the following powers and

 6  duties:

 7         (1)  To provide for dispute resolution among compacting

 8  states.

 9         (2)  To adopt rules to effect the purposes and

10  obligations as enumerated in this compact, and which shall

11  have the force and effect of statutory law and shall be

12  binding in the compacting states to the extent and in the

13  manner provided in this compact.

14         (3)  To oversee, supervise, and coordinate the

15  interstate movement of juveniles subject to the terms of this

16  compact and any bylaws and rules adopted by the Interstate

17  Commission.

18         (4)  To enforce compliance with the compact provisions,

19  the rules adopted by the Interstate Commission, and the

20  bylaws, using all necessary and proper means, including, but

21  not limited to, the use of judicial process.

22         (5)  To establish and maintain offices that are located

23  within one or more of the compacting states.

24         (6)  To purchase and maintain insurance and bonds.

25         (7)  To borrow, accept, hire, or contract for services

26  of personnel.

27         (8)  To establish and appoint committees and hire staff

28  that it deems necessary for carrying out its functions,

29  including, but not limited to, an executive committee as

30  required in Article III which shall have the power to act on

31  

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  behalf of the Interstate Commission in carrying out its powers

 2  and duties hereunder.

 3         (9)  To elect or appoint such officers, attorneys,

 4  employees, agents, or consultants; to fix their compensation,

 5  define their duties, and determine their qualifications; and

 6  to establish the Interstate Commission's personnel policies

 7  and programs relating to, inter alia, conflicts of interest,

 8  rates of compensation, and qualifications of personnel.

 9         (10)  To accept any and all donations and grants of

10  money, equipment, supplies, materials, and services, and to

11  receive, use, and dispose of such donations and grants.

12         (11)  To lease, purchase, accept contributions or

13  donations of, or otherwise to own, hold, improve, or use any

14  property, real, personal, or mixed.

15         (12)  To sell, convey, mortgage, pledge, lease,

16  exchange, abandon, or otherwise dispose of any property, real,

17  personal, or mixed.

18         (13)  To establish a budget and make expenditures and

19  levy dues as provided in Article VIII of this compact.

20         (14)  To sue and to be sued.

21         (15)  To adopt a seal and bylaws governing the

22  management and operation of the Interstate Commission.

23         (16)  To perform such functions as may be necessary or

24  appropriate to achieve the purposes of this compact.

25         (17)  To report annually to the legislatures,

26  governors, judiciary, and state councils of the compacting

27  states concerning the activities of the Interstate Commission

28  during the preceding year. Such reports shall also include any

29  recommendations that may have been adopted by the Interstate

30  Commission.

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (18)  To coordinate education, training, and public

 2  awareness regarding the interstate movement of juveniles for

 3  officials involved in such activity.

 4         (19)  To establish uniform standards of the reporting,

 5  collecting, and exchanging of data.

 6         (20)  To maintain its corporate books and records in

 7  accordance with the bylaws.

 8  

 9                            ARTICLE V

10  

11         ORGANIZATION AND OPERATION OF THE INTERSTATE

12  COMMISSION.--

13         Section A.  Bylaws.--The Interstate Commission shall,

14  by a majority of the members present and voting, within 12

15  months after the first Interstate Commission meeting, adopt

16  bylaws to govern its conduct as may be necessary or

17  appropriate to carry out the purposes of the compact,

18  including, but not limited to:

19         (1)  Establishing the fiscal year of the Interstate

20  Commission;

21         (2)  Establishing an executive committee and such other

22  committees as may be necessary;

23         (3)  Providing for the establishment of committees

24  governing any general or specific delegation of any authority

25  or function of the Interstate Commission;

26         (4)  Providing reasonable procedures for calling and

27  conducting meetings of the Interstate Commission and ensuring

28  reasonable notice of each such meeting;

29         (5)  Establishing the titles and responsibilities of

30  the officers of the Interstate Commission;

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (6)  Providing a mechanism for concluding the operation

 2  of the Interstate Commission and the return of any surplus

 3  funds that may exist upon the termination of the compact after

 4  the payment or reserving all of its debts and obligations;

 5         (7)  Providing start-up rules for initial

 6  administration of the compact; and

 7         (8)  Establishing standards and procedures for

 8  compliance and technical assistance in carrying out the

 9  compact.

10         Section B.  Officers and staff.--

11         (1)  The Interstate Commission shall, by a majority of

12  the members, elect annually from among its members a

13  chairperson and vice chairperson, each of whom shall have such

14  authority and duties as may be specified in the bylaws. The

15  chairperson or, in the chairperson's absence or disability,

16  the vice chairperson shall preside at all meetings of the

17  Interstate Commission. The officers so elected shall serve

18  without compensation or remuneration from the Interstate

19  Commission; provided that, subject to the availability of

20  budgeted funds, the officers shall be reimbursed for any

21  ordinary and necessary costs and expenses incurred by them in

22  the performance of their duties and responsibilities as

23  officers of the Interstate Commission.

24         (2)  The Interstate Commission shall, through its

25  executive committee, appoint or retain an executive director

26  for such period, upon such terms and conditions, and for such

27  compensation as the Interstate Commission deems appropriate.

28  The executive director shall serve as secretary to the

29  Interstate Commission, but may not be a member and shall hire

30  and supervise such other staff as may be authorized by the

31  Interstate Commission.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         Section C.  Qualified immunity, defense, and

 2  indemnification.--

 3         (1)  The Interstate Commission's executive director and

 4  employees shall be immune from suit and liability, either

 5  personally or in their official capacity, for any claim for

 6  damage to or loss of property or personal injury or other

 7  civil liability caused or arising out of or relating to any

 8  actual or alleged act, error, or omission that occurred, or

 9  that such person had a reasonable basis for believing

10  occurred, within the scope of commission employment, duties,

11  or responsibilities; provided that any such person is not

12  protected from suit or liability for any damage, loss, injury,

13  or liability caused by the intentional or willful and wanton

14  misconduct of any such person.

15         (2)  The liability of any commissioner, or the employee

16  or agent of a commissioner, acting within the scope of such

17  person's employment or duties for acts, errors, or omissions

18  occurring within such person's state may not exceed the limits

19  of liability set forth under the constitution and laws of that

20  state for state officials, employees, and agents. Nothing in

21  this subsection shall be construed to protect any such person

22  from suit or liability for any damage, loss, injury, or

23  liability caused by the intentional or willful and wanton

24  misconduct of any such person.

25         (3)  The Interstate Commission shall defend the

26  executive director or the employees or representatives of the

27  Interstate Commission and, subject to the approval of the

28  Attorney General of the state represented by any commissioner

29  of a compacting state, shall defend such commissioner or the

30  commissioner's representatives or employees in any civil

31  action seeking to impose liability arising out of any actual

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  or alleged act, error, or omission that occurred within the

 2  scope of Interstate Commission employment, duties, or

 3  responsibilities, or that the defendant had a reasonable basis

 4  for believing occurred within the scope of Interstate

 5  Commission employment, duties, or responsibilities; provided

 6  that the actual or alleged act, error, or omission did not

 7  result from intentional or willful and wanton misconduct on

 8  the part of such person.

 9         (4)  The Interstate Commission shall indemnify and hold

10  the commissioner of a compacting state or the commissioner's

11  representatives or employees, or the Interstate Commission's

12  representatives or employees, harmless in the amount of any

13  settlement or judgment obtained against such persons arising

14  out of any actual or alleged act, error, or omission that

15  occurred within the scope of Interstate Commission employment,

16  duties, or responsibilities, or that such persons had a

17  reasonable basis for believing occurred within the scope of

18  Interstate Commission employment, duties, or responsibilities;

19  provided that the actual or alleged act, error, or omission

20  did not result from intentional or willful and wanton

21  misconduct on the part of such persons.

22  

23                            ARTICLE VI

24  

25         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--

26         (1)  The Interstate Commission shall adopt and publish

27  rules in order to effectively and efficiently achieve the

28  purposes of the compact.

29         (2)  Rulemaking shall occur pursuant to the criteria

30  set forth in this article and the bylaws and rules adopted

31  pursuant thereto. Such rulemaking shall substantially conform

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  to the principles of the "Model State Administrative

 2  Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.

 3  1 (2000), or such other administrative procedures act as the

 4  Interstate Commission deems appropriate consistent with due

 5  process requirements under the United States Constitution as

 6  now or hereafter interpreted by the United States Supreme

 7  Court. All rules and amendments shall become binding as of the

 8  date specified, as published with the final version of the

 9  rule as approved by the Interstate Commission.

10         (3)  When adopting a rule, the Interstate Commission

11  shall, at a minimum:

12         (a)  Publish the proposed rule's entire text stating

13  the reason for that proposed rule;

14         (b)  Allow and invite any and all persons to submit

15  written data, facts, opinions, and arguments, which

16  information shall be added to the record and made publicly

17  available;

18         (c)  Provide an opportunity for an informal hearing if

19  petitioned by 10 or more persons; and

20         (d)  Adopt a final rule and its effective date, if

21  appropriate, based on input from state or local officials or

22  interested parties.

23         (4)  Allow, not later than 60 days after a rule is

24  adopted, any interested person to file a petition in the

25  United States District Court for the District of Columbia, or

26  in the Federal District Court where the Interstate

27  Commission's principal office is located, for judicial review

28  of such rule. If the court finds that the Interstate

29  Commission's actions are not supported by the substantial

30  evidence in the rulemaking record, the court shall hold the

31  rule unlawful and set it aside. For purposes of this

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  subsection, evidence is substantial if it would be considered

 2  substantial evidence under the Model State Administrative

 3  Procedures Act.

 4         (5)  If a majority of the legislatures of the

 5  compacting states rejects a rule, those states may, by

 6  enactment of a statute or resolution in the same manner used

 7  to adopt the compact, cause that such rule shall have no

 8  further force and effect in any compacting state.

 9         (6)  The existing rules governing the operation of the

10  Interstate Compact on Juveniles superseded by this act shall

11  be null and void 12 months after the first meeting of the

12  Interstate Commission created hereunder.

13         (7)  Upon determination by the Interstate Commission

14  that a state of emergency exists, it may adopt an emergency

15  rule that shall become effective immediately upon adoption;

16  provided that the usual rulemaking procedures provided

17  hereunder shall be retroactively applied to said rule as soon

18  as reasonably possible, but no later than 90 days after the

19  effective date of the emergency rule.

20  

21                           ARTICLE VII

22  

23         OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE

24  INTERSTATE COMMISSION.

25         Section A.  Oversight.--

26         (1)  The Interstate Commission shall oversee the

27  administration and operations of the interstate movement of

28  juveniles subject to this compact in the compacting states and

29  shall monitor such activities being administered in

30  noncompacting states which may significantly affect compacting

31  states.

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (2)  The courts and executive agencies in each

 2  compacting state shall enforce this compact and shall take all

 3  actions necessary and appropriate to effectuate the compact's

 4  purposes and intent. The provisions of this compact and the

 5  rules adopted hereunder shall be received by all the judges,

 6  public officers, commissions, and departments of the state

 7  government as evidence of the authorized statute and

 8  administrative rules. All courts shall take judicial notice of

 9  the compact and the rules. In any judicial or administrative

10  proceeding in a compacting state pertaining to the subject

11  matter of this compact which may affect the powers,

12  responsibilities, or actions of the Interstate Commission, the

13  commission shall be entitled to receive all service of process

14  in any such proceeding and shall have standing to intervene in

15  the proceeding for all purposes.

16         Section B.  Dispute resolution.--

17         (1)  The compacting states shall report to the

18  Interstate Commission on all issues and activities necessary

19  for the administration of the compact as well as issues and

20  activities pertaining to compliance with the provisions of the

21  compact and its bylaws and rules.

22         (2)  The Interstate Commission shall attempt, upon the

23  request of a compacting state, to resolve any disputes or

24  other issues that are subject to the compact and that may

25  arise among compacting states and between compacting and

26  noncompacting states. The commission shall adopt a rule

27  providing for both mediation and binding dispute resolution

28  for disputes among the compacting states.

29         (3)  The Interstate Commission, in the reasonable

30  exercise of its discretion, shall enforce the provisions and

31  

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  rules of this compact using any or all means set forth in

 2  Article XI of this compact.

 3  

 4                           ARTICLE VIII

 5  

 6         FINANCE.--

 7         (1)  The Interstate Commission shall pay or provide for

 8  the payment of the reasonable expenses of its establishment,

 9  organization, and ongoing activities.

10         (2)  The Interstate Commission shall levy on and

11  collect an annual assessment from each compacting state to

12  cover the cost of the internal operations and activities of

13  the Interstate Commission and its staff which must be in a

14  total amount sufficient to cover the Interstate Commission's

15  annual budget as approved each year. The aggregate annual

16  assessment amount shall be allocated based upon a formula to

17  be determined by the Interstate Commission, taking into

18  consideration the population of each compacting state and the

19  volume of interstate movement of juveniles in each compacting

20  state, and the Interstate Commission shall adopt a rule that

21  is binding upon all compacting states governing the

22  assessment.

23         (3)  The Interstate Commission shall not incur any

24  obligations of any kind prior to securing the funds adequate

25  to meet the same; nor shall the Interstate Commission pledge

26  the credit of any of the compacting states, except by and with

27  the authority of the compacting state.

28         (4)  The Interstate Commission shall keep accurate

29  accounts of all receipts and disbursements. The receipts and

30  disbursements of the Interstate Commission shall be subject to

31  the audit and accounting procedures established under its

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  bylaws. However, all receipts and disbursements of funds

 2  handled by the Interstate Commission shall be audited yearly

 3  by a certified or licensed public accountant and the report of

 4  the audit shall be included in and become part of the annual

 5  report of the Interstate Commission.

 6  

 7                            ARTICLE IX

 8  

 9         THE STATE COUNCIL.--Each member shall create a State

10  Council for Interstate Juvenile Supervision. While each state

11  may determine the membership of its own state council, its

12  membership must include at least one representative from the

13  legislative, judicial, and executive branches of government;

14  at least one representative of victims groups; a parent of a

15  youth who is not currently in the juvenile justice system; and

16  the compact administrator, deputy compact administrator, or

17  designee. Each compacting state retains the right to determine

18  the qualifications of the compact administrator or deputy

19  compact administrator. Each state council may advise and

20  exercise oversight and advocacy concerning that state's

21  participation in the activities of the Interstate Commission

22  and other duties as may be determined by that state,

23  including, but not limited to, development of policy

24  concerning operations and procedures of the compact within

25  that state.

26  

27                            ARTICLE X

28  

29         COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT.--

30         (1)  Any state, including the District of Columbia (or

31  its designee), the Commonwealth of Puerto Rico, the United

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  States Virgin Islands, Guam, America Samoa, and the Northern

 2  Mariana Islands as defined in Article II of this compact, is

 3  eligible to become a compacting state.

 4         (2)  The compact shall become effective and binding

 5  upon legislative enactment of the compact into law by no less

 6  than 35 of the states. The initial effective date shall be the

 7  later of July 1, 2005, or upon enactment into law by the 35th

 8  jurisdiction. Thereafter, it shall become effective and

 9  binding as to any other compacting state upon enactment of the

10  compact into law by that state. The governors of nonmember

11  states or their designees shall be invited to participate in

12  the activities of the Interstate Commission on a nonvoting

13  basis prior to adoption of the compact by all states and

14  territories of the United States.

15         (3)  The Interstate Commission may propose amendments

16  to the compact for enactment by the compacting states. No

17  amendment shall become effective and binding upon the

18  Interstate Commission and the compacting states unless and

19  until it is enacted into law by unanimous consent of the

20  compacting states.

21  

22                            ARTICLE XI

23  

24         WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL

25  ENFORCEMENT.--

26         Section A.  Withdrawal.--

27         (1)  Once effective, the compact shall continue in

28  force and remain binding upon each and every compacting state;

29  provided that a compacting state may withdraw from the compact

30  by specifically repealing the statute that enacted the compact

31  into law.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (2)  The effective date of withdrawal is the effective

 2  date of the repeal.

 3         (3)  The withdrawing state shall immediately notify the

 4  chairperson of the Interstate Commission in writing upon the

 5  introduction of legislation repealing this compact in the

 6  withdrawing state. The Interstate Commission shall notify the

 7  other compacting states of the withdrawing state's intent to

 8  withdraw within 60 days after its receipt thereof.

 9         (4)  The withdrawing state is responsible for all

10  assessments, obligations, and liabilities incurred through the

11  effective date of withdrawal, including any obligations the

12  performance of which extends beyond the effective date of

13  withdrawal.

14         (5)  Reinstatement following withdrawal of any

15  compacting state shall occur upon the withdrawing state

16  reenacting the compact or upon such later date as determined

17  by the Interstate Commission.

18         Section B.  Technical assistance, fines, suspension,

19  termination, and default.--

20         (1)  If the Interstate Commission determines that any

21  compacting state has at any time defaulted in the performance

22  of any of its obligations or responsibilities under this

23  compact, or the bylaws or duly adopted rules, the Interstate

24  Commission may impose any or all of the following penalties:

25         (a)  Remedial training and technical assistance as

26  directed by the Interstate Commission;

27         (b)  Alternative dispute resolution;

28         (c)  Fines, fees, and costs in such amounts as are

29  deemed to be reasonable as fixed by the Interstate Commission;

30  or

31  

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (d)  Suspension or termination of membership in the

 2  compact, which shall be imposed only after all other

 3  reasonable means of securing compliance under the bylaws and

 4  rules have been exhausted and the Interstate Commission has

 5  therefore determined that the offending state is in default.

 6  Immediate notice of suspension shall be given by the

 7  Interstate Commission to the Governor, the Chief Justice or

 8  the Chief Judicial Officer of the state, the majority and the

 9  minority leaders of the defaulting state's legislature, and

10  the state council. The grounds for default include, but are

11  not limited to, failure of a compacting state to perform such

12  obligations or responsibilities imposed upon it by this

13  compact, the bylaws, or duly adopted rules and any other

14  ground designated in commission bylaws and rules. The

15  Interstate Commission shall immediately notify the defaulting

16  state in writing of the penalty imposed by the Interstate

17  Commission and of the default pending a cure of the default.

18  The commission shall stipulate the conditions and the time

19  period within which the defaulting state must cure its

20  default. If the defaulting state fails to cure the default

21  within the period specified by the commission, the defaulting

22  state shall be terminated from the compact upon an affirmative

23  vote of a majority of the compacting states and all rights,

24  privileges, and benefits conferred by this compact shall be

25  terminated from the effective date of termination.

26         (2)  Within 60 days after the effective date of

27  termination of a defaulting state, the Interstate Commission

28  shall notify the Governor, the Chief Justice or Chief Judicial

29  Officer, the majority and minority leaders of the defaulting

30  state's legislature, and the state council of such

31  termination.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (3)  The defaulting state is responsible for all

 2  assessments, obligations, and liabilities incurred through the

 3  effective date of termination, including any obligations the

 4  performance of which extends beyond the effective date of

 5  termination.

 6         (4)  The Interstate Commission shall not bear any costs

 7  relating to the defaulting state unless otherwise mutually

 8  agreed upon in writing between the Interstate Commission and

 9  the defaulting state.

10         (5)  Reinstatement following termination of any

11  compacting state requires both a reenactment of the compact by

12  the defaulting state and the approval of the Interstate

13  Commission pursuant to the rules.

14         Section C.  Judicial enforcement.--The Interstate

15  Commission may, by majority vote of the members, initiate

16  legal action in the United States District Court for the

17  District of Columbia or, at the discretion of the Interstate

18  Commission, in the federal district where the Interstate

19  Commission has its offices, to enforce compliance with the

20  provisions of the compact and its duly adopted rules and

21  bylaws against any compacting state in default. In the event

22  judicial enforcement is necessary, the prevailing party shall

23  be awarded all costs of such litigation, including reasonable

24  attorney's fees.

25         Section D.  Dissolution of compact.--

26         (1)  The compact dissolves effective upon the date of

27  the withdrawal or default of the compacting state which

28  reduces membership in the compact to one compacting state.

29         (2)  Upon the dissolution of the compact, the compact

30  becomes null and void and shall be of no further force or

31  effect, the business and affairs of the Interstate Commission

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  shall be concluded, and any surplus funds shall be distributed

 2  in accordance with the bylaws.

 3  

 4                           ARTICLE XII

 5  

 6         SEVERABILITY AND CONSTRUCTION.--

 7         (1)  The provisions of this compact are severable, and

 8  if any phrase, clause, sentence, or provision is deemed

 9  unenforceable, the remaining provisions of the compact shall

10  be enforceable.

11         (2)  The provisions of this compact shall be liberally

12  construed to effectuate its purposes.

13  

14                           ARTICLE XIII

15  

16         BINDING EFFECT OF COMPACT AND OTHER LAWS.--

17         Section A.  Other laws.--

18         (1)  Nothing herein prevents the enforcement of any

19  other law of a compacting state which is not inconsistent with

20  this compact.

21         (2)  All compacting states' laws other than state

22  constitutions and other interstate compacts conflicting with

23  this compact are superseded to the extent of the conflict.

24         Section B.  Binding effect of the compact.--

25         (1)  All lawful actions of the Interstate Commission,

26  including all rules and bylaws adopted by the Interstate

27  Commission, are binding upon the compacting states.

28         (2)  All agreements between the Interstate Commission

29  and the compacting states are binding in accordance with their

30  terms.

31  

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1         (3)  Upon the request of a party to a conflict over

 2  meaning or interpretation of Interstate Commission actions,

 3  and upon a majority vote of the compacting states, the

 4  Interstate Commission may issue advisory opinions regarding

 5  such meaning or interpretation.

 6         (4)  In the event any provision of this compact exceeds

 7  the constitutional limits imposed on any compacting state, the

 8  obligations, duties, powers, or jurisdiction sought to be

 9  conferred by such provision upon the Interstate Commission

10  shall be ineffective and such obligations, duties, powers, or

11  jurisdiction shall remain in the compacting state and shall be

12  exercised by the agency thereof to which such obligations,

13  duties, powers, or jurisdiction are delegated by law in effect

14  at the time this compact becomes effective.

15         Section 2.  Section 985.5025, Florida Statutes, is

16  created to read:

17         985.5025  State Council for Interstate Juvenile

18  Offender Supervision.--

19         (1)  Pursuant to Article IX of the Interstate Compact

20  for Juveniles in s. 985.502, the State Council for Interstate

21  Juvenile Offender Supervision is created. The purpose of the

22  council is to oversee state participation in the activities of

23  the Interstate Commission for Juveniles.

24         (2)  The council shall consist of seven members and the

25  Secretary of Juvenile Justice or his or her designee, who

26  shall serve as the chair of the council and may vote only to

27  break a tie. The compact administrator or his or her designee

28  and the Executive Director of the Department of Law

29  Enforcement or his or her designee shall serve as members of

30  the council. The remaining members shall be appointed by the

31  Governor for terms of 4 years; however, the Governor may, in

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  writing and on an individual basis for each appointee,

 2  delegate the power of appointment to the Secretary of Juvenile

 3  Justice. Of the initial appointees, one shall be appointed for

 4  a term of 1 year, one shall be appointed for a term of 2

 5  years, one shall be appointed for a term of 3 years, and two

 6  shall be appointed for terms of 4 years each.

 7         (3)  Appointees shall be selected from individuals with

 8  personal or professional experience in the juvenile justice

 9  system and may include a victim's advocate, employees of the

10  Department of Children and Family Services, employees of the

11  Department of Law Enforcement who work with missing and

12  exploited children, and a parent who, at the time of

13  appointment, does not have a child involved in the juvenile

14  justice system.

15         (4)  Council members shall serve without compensation,

16  but they are entitled to reimbursement for per diem and travel

17  expenses as provided in s. 112.061.

18         (5)  The provisions of s. 24, Art. I of the State

19  Constitution and of chapter 119 and s. 286.011 apply to

20  proceedings and records of the council. Minutes, including a

21  record of all votes cast, must be maintained for all meetings.

22         (6)  If the council is abolished, its records must be

23  appropriately stored, within 30 days after the effective date

24  of its abolition, by the Department of Juvenile Justice or its

25  successor agency. Any property assigned to the council must be

26  reclaimed by the department or its successor agency. The

27  council may not perform any activities after the effective

28  date of its abolition.

29         Section 3.  Sections 985.502 and 985.5025, Florida

30  Statutes, shall stand repealed 2 years after the effective

31  

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 274
    585-2054-05




 1  date of this act unless reviewed and saved from repeal by the

 2  Legislature.

 3         Section 4.  Sections 985.503, 985.504, 985.505,

 4  985.506, and 985.507, Florida Statutes, are repealed.

 5         Section 5.  This act shall take effect July 1, 2005, or

 6  upon enactment of the compact into law by the 35th compacting

 7  state, whichever occurs later.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 274

11                                 

12  Requires delegation of power to appoint council member by
    Governor to be in writing.
13  
    Provides for review and repeal of the act 2 years after the
14  effective date of the act.

15  Modifies effective date to occur upon enactment of the compact
    into law by the 35th compacting state, or July 1, 2005,
16  whichever occurs later.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  28

CODING: Words stricken are deletions; words underlined are additions.