HB 0577

1	A bill to be entitled
2	An act relating to the Interstate Compact for Juveniles;
3	amending s. 985.502, F.S.; revising provisions of the
4	former Interstate Compact on Juveniles; providing purpose
5	of the compact; providing definitions; providing for an
6	Interstate Commission for Juveniles; providing for the
7	appointment of commissioners; providing for an executive
8	committee; providing for meetings; providing powers and
9	duties of the Interstate Commission; providing for its
10	organization and operation; providing for bylaws, officers,
11	and staff; providing for qualified immunity from liability
12	for the commissioners, the executive director, and
13	employees; requiring the Interstate Commission to adopt
14	rules; providing for oversight, enforcement, and dispute
15	resolution by the Interstate Commission; providing for the
16	activities of the Interstate Commission to be financed by
17	an annual assessment from each compacting state; requiring
18	member states to create a State Council for Interstate
19	Juvenile Supervision; providing for the effective date of
20	the compact and amendments thereto; providing for a state's
21	withdrawal from and reinstatement to the compact; providing
22	for assistance, certain penalties, suspension, or
23	termination following default by a state; providing for
24	judicial enforcement; providing for dissolution of the
25	compact; providing for severability and construction of the
26	compact; providing for the effect of the compact with
27	respect to other laws and for its binding effect; creating
28	s. 985.5025, F.S.; creating the State Council for
29	Interstate Juvenile Offender Supervision to oversee state
30	participation in the compact; providing membership;
31	providing for records and open meetings; prescribing
32	procedures if the council is abolished; repealing ss.
33	985.503, 985.504, 985.505, 985.506, and 985.507, F.S.,
34	relating to obsolete provisions governing the former
35	compact superseded by the act; providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Section 985.502, Florida Statutes, is amended
40	to read:
41	(Substantial rewording of section. See
42	s. 985.502, F.S., for present text.)
43	985.502  Execution of interstate compact for
44	juveniles.--The Governor is authorized and directed to execute a
45	compact on behalf of this state with any other state or states
46	legally joining thereto in the form substantially as follows.
47	This compact does not interfere with this state's authority to
48	determine policy regarding juvenile offenders and nonoffenders
49	within this state.
50
51	THE INTERSTATE COMPACT FOR JUVENILES
52
53	ARTICLE I
54
55	PURPOSE.--
56	(1)  The compacting states to this Interstate Compact
57	recognize that each state is responsible for the proper
58	supervision or return of juveniles, delinquents, and status
59	offenders who are on probation or parole and who have absconded,
60	escaped, or run away from supervision and control and in so
61	doing have endangered their own safety and the safety of others.
62	The compacting states also recognize that each state is
63	responsible for the safe return of juveniles who have run away
64	from home and in doing so have left their state of residence.
65	The compacting states also recognize that Congress, by enacting
66	the Crime Control Act, 4 U.S.C. s. 112 (1965), has authorized
67	and encouraged compacts for cooperative efforts and mutual
68	assistance in the prevention of crime.
69	(2)  It is the purpose of this compact, through means of
70	joint and cooperative action among the compacting states to: (A)
71	ensure that the adjudicated juveniles and status offenders
72	subject to this compact are provided adequate supervision and
73	services in the receiving state as ordered by the adjudicating
74	judge or parole authority in the sending state; (B) ensure that
75	the public safety interests of the public, including the victims
76	of juvenile offenders, in both the sending and receiving states
77	are adequately protected; (C) return juveniles who have run
78	away, absconded, or escaped from supervision or control or who
79	have been accused of an offense to the state requesting their
80	return; (D) make contracts for the cooperative
81	institutionalization in public facilities in member states for
82	delinquent youth needing special services; (E) provide for the
83	effective tracking and supervision of juveniles; (F) equitably
84	allocate the costs, benefits, and obligations of the compacting
85	states; (G) establish procedures to manage the movement between
86	states of juvenile offenders released to the community under the
87	jurisdiction of courts, juvenile departments, or any other
88	criminal or juvenile justice agency that has jurisdiction over
89	juvenile offenders; (H) ensure immediate notice to jurisdictions
90	where defined offenders are authorized to travel or to relocate
91	across state lines; (I) establish procedures to resolve pending
92	charges (detainers) against juvenile offenders prior to transfer
93	or release to the community under the terms of this compact; (J)
94	establish a system of uniform data collection of information
95	pertaining to juveniles subject to this compact which allows
96	access by authorized juvenile justice and criminal justice
97	officials, and regular reporting of activities under this
98	compact to heads of state executive, judicial, and legislative
99	branches and juvenile and criminal justice administrators; (K)
100	monitor compliance with rules governing interstate movement of
101	juveniles and initiate interventions to address and correct
102	noncompliance; (L) coordinate training and education regarding
103	the regulation of interstate movement of juveniles for officials
104	involved in such activity; and (M) coordinate the implementation
105	and operation of the compact with the Interstate Compact for the
106	Placement of Children, the Interstate Compact for Adult Offender
107	Supervision, and other compacts affecting juveniles,
108	particularly in those cases where concurrent or overlapping
109	supervision issues arise. It is the policy of the compacting
110	states that the activities conducted by the Interstate
111	Commission created in this compact are the formation of public
112	policies and therefore are public business. Furthermore, the
113	compacting states shall cooperate and observe their individual
114	and collective duties and responsibilities for the prompt return
115	and acceptance of juveniles subject to the provisions of the
116	compact. The provisions of the compact shall be reasonably and
117	liberally construed to accomplish the purposes and policies of
118	the compact.
119
120	ARTICLE II
121
122	DEFINITIONS.--As used in this compact, unless the context
123	clearly requires a different construction:
124	(1)  "Bylaws" means those bylaws established by the
125	Interstate Commission for its governance or for directing or
126	controlling its actions or conduct.
127	(2)  "Compact administrator" means the individual in each
128	compacting state, appointed pursuant to the terms of this
129	compact, who is responsible for the administration and
130	management of the state's supervision and transfer of juveniles
131	subject to the terms of this compact, the rules adopted by the
132	Interstate Commission, and the policies adopted by the state
133	council under this compact.
134	(3)  "Compacting state" means any state that has enacted
135	the enabling legislation for this compact.
136	(4)  "Commissioner" means the voting representative of each
137	compacting state appointed pursuant to Article III of this
138	compact.
139	(5)  "Court" means any court having jurisdiction over
140	delinquent, neglected, or dependent children.
141	(6)  "Deputy compact administrator" means the individual,
142	if any, in each compacting state appointed to act on behalf of a
143	compact administrator pursuant to the terms of the compact who
144	is responsible for the administration and management of the
145	state's supervision and transfer of juveniles subject to the
146	terms of this compact, the rules adopted by the Interstate
147	Commission, and the policies adopted by the state council under
148	this compact.
149	(7)  "Interstate Commission" means the Interstate
150	Commission for Juveniles created by Article III of this compact.
151	(8)  "Juvenile" means any person defined as a juvenile in
152	any member state or by the rules of the Interstate Commission,
153	including:
154	(a)  Accused delinquent - a person charged with an offense
155	that, if committed by an adult, would be a criminal offense;
156	(b)  Adjudicated delinquent - a person found to have
157	committed an offense that, if committed by an adult, would be a
158	criminal offense;
159	(c)  Accused status offender - a person charged with an
160	offense that would not be a criminal offense if committed by an
161	adult;
162	(d)  Adjudicated status offender - a person found to have
163	committed an offense that would not be a criminal offense if
164	committed by an adult; and
165	(e)  Nonoffender - a person in need of supervision who has
166	not been accused or adjudicated a status offender or delinquent.
167	(9)  "Noncompacting state" means any state that has not
168	enacted the enabling legislation for this compact.
169	(10)  "Probation or parole" means any kind of supervision
170	or conditional release of juveniles authorized under the laws of
171	the compacting states.
172	(11)  "Rule" means a written statement by the Interstate
173	Commission adopted pursuant to Article VI of this compact which
174	is of general applicability and implements, interprets, or
175	prescribes a policy or provision of the compact, or an
176	organizational, procedural, or practice requirement of the
177	commission; has the force and effect of statutory law in a
178	compacting state; and includes the amendment, repeal, or
179	suspension of an existing rule.
180	(12)  "State" means a state of the United States, the
181	District of Columbia (or its designee), the Commonwealth of
182	Puerto Rico, the United States Virgin Islands, Guam, American
183	Samoa, and the Northern Mariana Islands.
184
185	ARTICLE III
186
187	INTERSTATE COMMISSION FOR JUVENILES.--
188	(1)  The compacting states hereby create the "Interstate
189	Commission for Juveniles." The Interstate Commission shall be a
190	body corporate and joint agency of the compacting states. The
191	Interstate Commission shall have all the responsibilities,
192	powers, and duties set forth in this compact, and such
193	additional powers as may be conferred upon it by subsequent
194	action of the respective legislatures of the compacting states
195	in accordance with the terms of this compact.
196	(2)  The Interstate Commission shall consist of
197	commissioners appointed by the appropriate appointing authority
198	in each state pursuant to the rules and requirements of each
199	compacting state and in consultation with the State Council for
200	Interstate Juvenile Supervision created hereunder. The
201	commissioner shall be the compact administrator, deputy compact
202	administrator, or designee from that state who shall serve on
203	the Interstate Commission in such capacity under or pursuant to
204	the applicable law of the compacting state.
205	(3)  In addition to the commissioners who are the voting
206	representatives of each state, the Interstate Commission shall
207	include individuals who are not commissioners, but who are
208	members of interested organizations. Such noncommissioner
209	members must include a member of the national organization of
210	governors, legislatures, state chief justices, attorneys
211	general, Interstate Compact for Adult Offender Supervision,
212	Interstate Compact for the Placement of Children, juvenile
213	justice and juvenile corrections officials, and crime victims.
214	All noncommissioner members of the Interstate Commission shall
215	be ex officio, nonvoting members. The Interstate Commission may
216	provide in its bylaws for such additional ex officio, nonvoting
217	members, including members of other national organizations, in
218	such numbers as shall be determined by the Interstate
219	Commission.
220	(4)  Each compacting state represented at any meeting of
221	the Interstate Commission is entitled to one vote. A majority of
222	the compacting states shall constitute a quorum for the
223	transaction of business, unless a larger quorum is required by
224	the bylaws of the Interstate Commission.
225	(5)  The Interstate Commission shall establish an executive
226	committee, which shall include commission officers, members, and
227	others as determined by the bylaws. The executive committee
228	shall have the power to act on behalf of the Interstate
229	Commission during periods when the Interstate Commission is not
230	in session, with the exception of rulemaking or amendment to the
231	compact. The executive committee shall oversee the day-to-day
232	activities of the administration of the compact, which shall be
233	managed by an executive director and Interstate Commission
234	staff. The executive committee shall administer enforcement and
235	compliance with the provisions of the compact, its bylaws, and
236	rules, and shall perform other duties as directed by the
237	Interstate Commission or set forth in the bylaws.
238	(6)  Each member of the Interstate Commission shall have
239	the right and power to cast a vote to which that compacting
240	state is entitled and to participate in the business and affairs
241	of the Interstate Commission. A member shall vote in person and
242	may not delegate a vote to another compacting state. However, a
243	commissioner, in consultation with the state council, shall
244	appoint another authorized representative, in the absence of the
245	commissioner from that state, to cast a vote on behalf of the
246	compacting state at a specified meeting. The bylaws may provide
247	for members' participation in meetings by telephone or other
248	means of telecommunication or electronic communication.
249	(7)  The Interstate Commission shall collect standardized
250	data concerning the interstate movement of juveniles as directed
251	through its rules, which shall specify the data to be collected,
252	the means of collection and data exchange, and reporting
253	requirements. Such methods of data collection, exchange, and
254	reporting shall, insofar as is reasonably possible, conform to
255	up-to-date technology and coordinate its information functions
256	with the appropriate repository of records.
257
258	ARTICLE IV
259
260	POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The
261	Interstate Commission shall have the following powers and
262	duties:
263	(1)  To provide for dispute resolution among compacting
264	states.
265	(2)  To adopt rules to effect the purposes and obligations
266	as enumerated in this compact, and which shall have the force
267	and effect of statutory law and shall be binding in the
268	compacting states to the extent and in the manner provided in
269	this compact.
270	(3)  To oversee, supervise, and coordinate the interstate
271	movement of juveniles subject to the terms of this compact and
272	any bylaws and rules adopted by the Interstate Commission.
273	(4)  To enforce compliance with the compact provisions, the
274	rules adopted by the Interstate Commission, and the bylaws,
275	using all necessary and proper means, including, but not limited
276	to, the use of judicial process.
277	(5)  To establish and maintain offices that are located
278	within one or more of the compacting states.
279	(6)  To purchase and maintain insurance and bonds.
280	(7)  To borrow, accept, hire, or contract for services of
281	personnel.
282	(8)  To establish and appoint committees and hire staff
283	that it deems necessary for carrying out its functions,
284	including, but not limited to, an executive committee as
285	required in Article III which shall have the power to act on
286	behalf of the Interstate Commission in carrying out its powers
287	and duties hereunder.
288	(9)  To elect or appoint such officers, attorneys,
289	employees, agents, or consultants; to fix their compensation,
290	define their duties, and determine their qualifications; and to
291	establish the Interstate Commission's personnel policies and
292	programs relating to, inter alia, conflicts of interest, rates
293	of compensation, and qualifications of personnel.
294	(10)  To accept any and all donations and grants of money,
295	equipment, supplies, materials, and services, and to receive,
296	use, and dispose of such donations and grants.
297	(11)  To lease, purchase, accept contributions or donations
298	of, or otherwise to own, hold, improve, or use any property,
299	real, personal, or mixed.
300	(12)  To sell, convey, mortgage, pledge, lease, exchange,
301	abandon, or otherwise dispose of any property, real, personal,
302	or mixed.
303	(13)  To establish a budget and make expenditures and levy
304	dues as provided in Article VIII of this compact.
305	(14)  To sue and to be sued.
306	(15)  To adopt a seal and bylaws governing the management
307	and operation of the Interstate Commission.
308	(16)  To perform such functions as may be necessary or
309	appropriate to achieve the purposes of this compact.
310	(17)  To report annually to the legislatures, governors,
311	judiciary, and state councils of the compacting states
312	concerning the activities of the Interstate Commission during
313	the preceding year. Such reports shall also include any
314	recommendations that may have been adopted by the Interstate
315	Commission.
316	(18)  To coordinate education, training, and public
317	awareness regarding the interstate movement of juveniles for
318	officials involved in such activity.
319	(19)  To establish uniform standards of the reporting,
320	collecting, and exchanging of data.
321	(20)  To maintain its corporate books and records in
322	accordance with the bylaws.
323
324	ARTICLE V
325
326	ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.--
327	Section A.  Bylaws.--The Interstate Commission shall, by a
328	majority of the members present and voting, within 12 months
329	after the first Interstate Commission meeting, adopt bylaws to
330	govern its conduct as may be necessary or appropriate to carry
331	out the purposes of the compact, including, but not limited to:
332	(1)  Establishing the fiscal year of the Interstate
333	Commission;
334	(2)  Establishing an executive committee and such other
335	committees as may be necessary;
336	(3)  Providing for the establishment of committees
337	governing any general or specific delegation of any authority or
338	function of the Interstate Commission;
339	(4)  Providing reasonable procedures for calling and
340	conducting meetings of the Interstate Commission and ensuring
341	reasonable notice of each such meeting;
342	(5)  Establishing the titles and responsibilities of the
343	officers of the Interstate Commission;
344	(6)  Providing a mechanism for concluding the operation of
345	the Interstate Commission and the return of any surplus funds
346	that may exist upon the termination of the compact after the
347	payment or reserving all of its debts and obligations;
348	(7)  Providing start-up rules for initial administration of
349	the compact; and
350	(8)  Establishing standards and procedures for compliance
351	and technical assistance in carrying out the compact.
352	Section B.  Officers and staff.--
353	(1)  The Interstate Commission shall, by a majority of the
354	members, elect annually from among its members a chairperson and
355	vice chairperson, each of whom shall have such authority and
356	duties as may be specified in the bylaws. The chairperson or, in
357	the chairperson's absence or disability, the vice chairperson
358	shall preside at all meetings of the Interstate Commission. The
359	officers so elected shall serve without compensation or
360	remuneration from the Interstate Commission; provided that,
361	subject to the availability of budgeted funds, the officers
362	shall be reimbursed for any ordinary and necessary costs and
363	expenses incurred by them in the performance of their duties and
364	responsibilities as officers of the Interstate Commission.
365	(2)  The Interstate Commission shall, through its executive
366	committee, appoint or retain an executive director for such
367	period, upon such terms and conditions, and for such
368	compensation as the Interstate Commission deems appropriate. The
369	executive director shall serve as secretary to the Interstate
370	Commission, but may not be a member, and shall hire and
371	supervise such other staff as may be authorized by the
372	Interstate Commission.
373	Section C.  Qualified immunity, defense, and
374	indemnification.--
375	(1)  The Interstate Commission's executive director and
376	employees shall be immune from suit and liability, either
377	personally or in their official capacity, for any claim for
378	damage to or loss of property or personal injury or other civil
379	liability caused or arising out of or relating to any actual or
380	alleged act, error, or omission that occurred, or that such
381	person had a reasonable basis for believing occurred, within the
382	scope of commission employment, duties, or responsibilities;
383	provided that any such person is not protected from suit or
384	liability for any damage, loss, injury, or liability caused by
385	the intentional or willful and wanton misconduct of any such
386	person.
387	(2)  The liability of any commissioner, or the employee or
388	agent of a commissioner, acting within the scope of such
389	person's employment or duties for acts, errors, or omissions
390	occurring within such person's state may not exceed the limits
391	of liability set forth under the constitution and laws of that
392	state for state officials, employees, and agents. Nothing in
393	this subsection shall be construed to protect any such person
394	from suit or liability for any damage, loss, injury, or
395	liability caused by the intentional or willful and wanton
396	misconduct of any such person.
397	(3)  The Interstate Commission shall defend the executive
398	director or the employees or representatives of the Interstate
399	Commission and, subject to the approval of the Attorney General
400	of the state represented by any commissioner of a compacting
401	state, shall defend such commissioner or the commissioner's
402	representatives or employees in any civil action seeking to
403	impose liability arising out of any actual or alleged act,
404	error, or omission that occurred within the scope of Interstate
405	Commission employment, duties, or responsibilities, or that the
406	defendant had a reasonable basis for believing occurred within
407	the scope of Interstate Commission employment, duties, or
408	responsibilities; provided that the actual or alleged act,
409	error, or omission did not result from intentional or willful
410	and wanton misconduct on the part of such person.
411	(4)  The Interstate Commission shall indemnify and hold the
412	commissioner of a compacting state or the commissioner's
413	representatives or employees, or the Interstate Commission's
414	representatives or employees, harmless in the amount of any
415	settlement or judgment obtained against such persons arising out
416	of any actual or alleged act, error, or omission that occurred
417	within the scope of Interstate Commission employment, duties, or
418	responsibilities, or that such persons had a reasonable basis
419	for believing occurred within the scope of Interstate Commission
420	employment, duties, or responsibilities; provided that the
421	actual or alleged act, error, or omission did not result from
422	intentional or willful and wanton misconduct on the part of such
423	persons.
424
425	ARTICLE VI
426
427	RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--
428	(1)  The Interstate Commission shall adopt and publish
429	rules in order to effectively and efficiently achieve the
430	purposes of the compact.
431	(2)  Rulemaking shall occur pursuant to the criteria set
432	forth in this article and the bylaws and rules adopted pursuant
433	thereto. Such rulemaking shall substantially conform to the
434	principles of the "Model State Administrative Procedures Act,"
435	1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such
436	other administrative procedures act as the Interstate Commission
437	deems appropriate consistent with due process requirements under
438	the United States Constitution as now or hereafter interpreted
439	by the United States Supreme Court. All rules and amendments
440	shall become binding as of the date specified, as published with
441	the final version of the rule as approved by the Interstate
442	Commission.
443	(3)  When adopting a rule, the Interstate Commission shall,
444	at a minimum:
445	(a)  Publish the proposed rule's entire text stating the
446	reason for that proposed rule;
447	(b)  Allow and invite any and all persons to submit written
448	data, facts, opinions, and arguments, which information shall be
449	added to the record and made publicly available;
450	(c)  Provide an opportunity for an informal hearing if
451	petitioned by 10 or more persons; and
452	(d)  Adopt a final rule and its effective date, if
453	appropriate, based on input from state or local officials or
454	interested parties.
455	(4)  Allow, not later than 60 days after a rule is adopted,
456	any interested person to file a petition in the United States
457	District Court for the District of Columbia, or in the Federal
458	District Court where the Interstate Commission's principal
459	office is located, for judicial review of such rule. If the
460	court finds that the Interstate Commission's actions are not
461	supported by the substantial evidence in the rulemaking record,
462	the court shall hold the rule unlawful and set it aside. For
463	purposes of this subsection, evidence is substantial if it would
464	be considered substantial evidence under the Model State
465	Administrative Procedures Act.
466	(5)  If a majority of the legislatures of the compacting
467	states rejects a rule, those states may, by enactment of a
468	statute or resolution in the same manner used to adopt the
469	compact, cause that such rule shall have no further force and
470	effect in any compacting state.
471	(6)  The existing rules governing the operation of the
472	Interstate Compact on Juveniles superseded by this act shall be
473	null and void 12 months after the first meeting of the
474	Interstate Commission created hereunder.
475	(7)  Upon determination by the Interstate Commission that a
476	state of emergency exists, it may adopt an emergency rule that
477	shall become effective immediately upon adoption; provided that
478	the usual rulemaking procedures provided hereunder shall be
479	retroactively applied to said rule as soon as reasonably
480	possible, but no later than 90 days after the effective date of
481	the emergency rule.
482
483	ARTICLE VII
484
485	OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
486	INTERSTATE COMMISSION.--
487	Section A.  Oversight.--
488	(1)  The Interstate Commission shall oversee the
489	administration and operations of the interstate movement of
490	juveniles subject to this compact in the compacting states and
491	shall monitor such activities being administered in
492	noncompacting states which may significantly affect compacting
493	states.
494	(2)  The courts and executive agencies in each compacting
495	state shall enforce this compact and shall take all actions
496	necessary and appropriate to effectuate the compact's purposes
497	and intent. The provisions of this compact and the rules adopted
498	hereunder shall be received by all the judges, public officers,
499	commissions, and departments of the state government as evidence
500	of the authorized statute and administrative rules. All courts
501	shall take judicial notice of the compact and the rules. In any
502	judicial or administrative proceeding in a compacting state
503	pertaining to the subject matter of this compact which may
504	affect the powers, responsibilities, or actions of the
505	Interstate Commission, the commission shall be entitled to
506	receive all service of process in any such proceeding and shall
507	have standing to intervene in the proceeding for all purposes.
508	Section B.  Dispute resolution.--
509	(1)  The compacting states shall report to the Interstate
510	Commission on all issues and activities necessary for the
511	administration of the compact as well as issues and activities
512	pertaining to compliance with the provisions of the compact and
513	its bylaws and rules.
514	(2)  The Interstate Commission shall attempt, upon the
515	request of a compacting state, to resolve any disputes or other
516	issues that are subject to the compact and that may arise among
517	compacting states and between compacting and noncompacting
518	states. The commission shall adopt a rule providing for both
519	mediation and binding dispute resolution for disputes among the
520	compacting states.
521	(3)  The Interstate Commission, in the reasonable exercise
522	of its discretion, shall enforce the provisions and rules of
523	this compact using any or all means set forth in Article XI of
524	this compact.
525
526	ARTICLE VIII
527
528	FINANCE.--
529	(1)  The Interstate Commission shall pay or provide for the
530	payment of the reasonable expenses of its establishment,
531	organization, and ongoing activities.
532	(2)  The Interstate Commission shall levy on and collect an
533	annual assessment from each compacting state to cover the cost
534	of the internal operations and activities of the Interstate
535	Commission and its staff which must be in a total amount
536	sufficient to cover the Interstate Commission's annual budget as
537	approved each year. The aggregate annual assessment amount shall
538	be allocated based upon a formula to be determined by the
539	Interstate Commission, taking into consideration the population
540	of each compacting state and the volume of interstate movement
541	of juveniles in each compacting state, and the Interstate
542	Commission shall adopt a rule that is binding upon all
543	compacting states governing the assessment.
544	(3)  The Interstate Commission shall not incur any
545	obligations of any kind prior to securing the funds adequate to
546	meet the same, nor shall the Interstate Commission pledge the
547	credit of any of the compacting states, except by and with the
548	authority of the compacting state.
549	(4)  The Interstate Commission shall keep accurate accounts
550	of all receipts and disbursements. The receipts and
551	disbursements of the Interstate Commission shall be subject to
552	the audit and accounting procedures established under its
553	bylaws. However, all receipts and disbursements of funds handled
554	by the Interstate Commission shall be audited yearly by a
555	certified or licensed public accountant, and the report of the
556	audit shall be included in and become part of the annual report
557	of the Interstate Commission.
558
559	ARTICLE IX
560
561	THE STATE COUNCIL.--Each member shall create a State
562	Council for Interstate Juvenile Supervision. While each state
563	may determine the membership of its own state council, its
564	membership must include at least one representative from the
565	legislative, judicial, and executive branches of government; at
566	least one representative of victims groups; a parent of a youth
567	who is not currently in the juvenile justice system; and the
568	compact administrator, deputy compact administrator, or
569	designee. Each compacting state retains the right to determine
570	the qualifications of the compact administrator or deputy
571	compact administrator. Each state council may advise and
572	exercise oversight and advocacy concerning that state's
573	participation in the activities of the Interstate Commission and
574	other duties as may be determined by that state, including, but
575	not limited to, development of policy concerning operations and
576	procedures of the compact within that state.
577
578	ARTICLE X
579
580	COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT.--
581	(1)  Any state, including the District of Columbia (or its
582	designee), the Commonwealth of Puerto Rico, the United States
583	Virgin Islands, Guam, American Samoa, and the Northern Mariana
584	Islands, as defined in Article II of this compact, is eligible
585	to become a compacting state.
586	(2)  The compact shall become effective and binding upon
587	legislative enactment of the compact into law by no less than 35
588	of the states. The initial effective date shall be the later of
589	July 1, 2005, or upon enactment into law by the 35th
590	jurisdiction. Thereafter, it shall become effective and binding
591	as to any other compacting state upon enactment of the compact
592	into law by that state. The governors of nonmember states or
593	their designees shall be invited to participate in the
594	activities of the Interstate Commission on a nonvoting basis
595	prior to adoption of the compact by all states and territories
596	of the United States.
597	(3)  The Interstate Commission may propose amendments to
598	the compact for enactment by the compacting states. No amendment
599	shall become effective and binding upon the Interstate
600	Commission and the compacting states unless and until it is
601	enacted into law by unanimous consent of the compacting states.
602
603	ARTICLE XI
604
605	WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
606	ENFORCEMENT.--
607	Section A.  Withdrawal.--
608	(1)  Once effective, the compact shall continue in force
609	and remain binding upon each and every compacting state;
610	provided that a compacting state may withdraw from the compact
611	by specifically repealing the statute that enacted the compact
612	into law.
613	(2)  The effective date of withdrawal is the effective date
614	of the repeal.
615	(3)  The withdrawing state shall immediately notify the
616	chairperson of the Interstate Commission in writing upon the
617	introduction of legislation repealing this compact in the
618	withdrawing state. The Interstate Commission shall notify the
619	other compacting states of the withdrawing state's intent to
620	withdraw within 60 days after its receipt thereof.
621	(4)  The withdrawing state is responsible for all
622	assessments, obligations, and liabilities incurred through the
623	effective date of withdrawal, including any obligations the
624	performance of which extends beyond the effective date of
625	withdrawal.
626	(5)  Reinstatement following withdrawal of any compacting
627	state shall occur upon the withdrawing state's reenacting the
628	compact or upon such later date as determined by the Interstate
629	Commission.
630	Section B.  Technical assistance, fines, suspension,
631	termination, and default.--
632	(1)  If the Interstate Commission determines that any
633	compacting state has at any time defaulted in the performance of
634	any of its obligations or responsibilities under this compact,
635	or the bylaws or duly adopted rules, the Interstate Commission
636	may impose any or all of the following penalties:
637	(a)  Remedial training and technical assistance as directed
638	by the Interstate Commission;
639	(b)  Alternative dispute resolution;
640	(c)  Fines, fees, and costs in such amounts as are deemed
641	to be reasonable as fixed by the Interstate Commission; or
642	(d)  Suspension or termination of membership in the
643	compact, which shall be imposed only after all other reasonable
644	means of securing compliance under the bylaws and rules have
645	been exhausted and the Interstate Commission has therefore
646	determined that the offending state is in default. Immediate
647	notice of suspension shall be given by the Interstate Commission
648	to the Governor, the Chief Justice or the Chief Judicial Officer
649	of the state, the majority and the minority leaders of the
650	defaulting state's legislature, and the state council. The
651	grounds for default include, but are not limited to, failure of
652	a compacting state to perform such obligations or
653	responsibilities imposed upon it by this compact, the bylaws, or
654	duly adopted rules and any other ground designated in commission
655	bylaws and rules. The Interstate Commission shall immediately
656	notify the defaulting state in writing of the penalty imposed by
657	the Interstate Commission and of the default pending a cure of
658	the default. The commission shall stipulate the conditions and
659	the time period within which the defaulting state must cure its
660	default. If the defaulting state fails to cure the default
661	within the period specified by the commission, the defaulting
662	state shall be terminated from the compact upon an affirmative
663	vote of a majority of the compacting states and all rights,
664	privileges, and benefits conferred by this compact shall be
665	terminated from the effective date of termination.
666	(2)  Within 60 days after the effective date of termination
667	of a defaulting state, the Interstate Commission shall notify
668	the Governor, the Chief Justice or Chief Judicial Officer, the
669	majority and minority leaders of the defaulting state's
670	legislature, and the state council of such termination.
671	(3)  The defaulting state is responsible for all
672	assessments, obligations, and liabilities incurred through the
673	effective date of termination, including any obligations the
674	performance of which extends beyond the effective date of
675	termination.
676	(4)  The Interstate Commission shall not bear any costs
677	relating to the defaulting state unless otherwise mutually
678	agreed upon in writing between the Interstate Commission and the
679	defaulting state.
680	(5)  Reinstatement following termination of any compacting
681	state requires both a reenactment of the compact by the
682	defaulting state and the approval of the Interstate Commission
683	pursuant to the rules.
684	Section C.  Judicial enforcement.--The Interstate
685	Commission may, by majority vote of the members, initiate legal
686	action in the United States District Court for the District of
687	Columbia or, at the discretion of the Interstate Commission, in
688	the federal district where the Interstate Commission has its
689	offices, to enforce compliance with the provisions of the
690	compact and its duly adopted rules and bylaws against any
691	compacting state in default. In the event judicial enforcement
692	is necessary, the prevailing party shall be awarded all costs of
693	such litigation, including reasonable attorney's fees.
694	Section D.  Dissolution of compact.--
695	(1)  The compact dissolves effective upon the date of the
696	withdrawal or default of the compacting state which reduces
697	membership in the compact to one compacting state.
698	(2)  Upon the dissolution of the compact, the compact
699	becomes null and void and shall be of no further force or
700	effect, the business and affairs of the Interstate Commission
701	shall be concluded, and any surplus funds shall be distributed
702	in accordance with the bylaws.
703
704	ARTICLE XII
705
706	SEVERABILITY AND CONSTRUCTION.--
707	(1)  The provisions of this compact are severable, and if
708	any phrase, clause, sentence, or provision is deemed
709	unenforceable, the remaining provisions of the compact shall be
710	enforceable.
711	(2)  The provisions of this compact shall be liberally
712	construed to effectuate its purposes.
713
714	ARTICLE XIII
715
716	BINDING EFFECT OF COMPACT AND OTHER LAWS.--
717	Section A.  Other laws.--
718	(1)  Nothing herein prevents the enforcement of any other
719	law of a compacting state which is not inconsistent with this
720	compact.
721	(2)  All compacting states' laws other than state
722	constitutions and other interstate compacts conflicting with
723	this compact are superseded to the extent of the conflict.
724	Section B.  Binding effect of the compact.--
725	(1)  All lawful actions of the Interstate Commission,
726	including all rules and bylaws adopted by the Interstate
727	Commission, are binding upon the compacting states.
728	(2)  All agreements between the Interstate Commission and
729	the compacting states are binding in accordance with their
730	terms.
731	(3)  Upon the request of a party to a conflict over meaning
732	or interpretation of Interstate Commission actions, and upon a
733	majority vote of the compacting states, the Interstate
734	Commission may issue advisory opinions regarding such meaning or
735	interpretation.
736	(4)  In the event any provision of this compact exceeds the
737	constitutional limits imposed on any compacting state, the
738	obligations, duties, powers, or jurisdiction sought to be
739	conferred by such provision upon the Interstate Commission shall
740	be ineffective and such obligations, duties, powers, or
741	jurisdiction shall remain in the compacting state and shall be
742	exercised by the agency thereof to which such obligations,
743	duties, powers, or jurisdiction are delegated by law in effect
744	at the time this compact becomes effective.
745	Section 2.  Section 985.5025, Florida Statutes, is created
746	to read:
747	985.5025  State Council for Interstate Juvenile Offender
748	Supervision.--
749	(1)  Pursuant to Article IX of the Interstate Compact for
750	Juveniles in s. 985.502, the State Council for Interstate
751	Juvenile Offender Supervision is created. The purpose of the
752	council is to oversee state participation in the activities of
753	the Interstate Commission for Juveniles.
754	(2)  The council shall consist of seven members and the
755	Secretary of Juvenile Justice or his or her designee, who shall
756	serve as the chair of the council and may vote only to break a
757	tie. The compact administrator or his or her designee and the
758	Executive Director of the Department of Law Enforcement or his
759	or her designee shall serve as members of the council. The
760	remaining members shall be appointed by the Governor for terms
761	of 4 years; however, the Governor may, for any year, delegate
762	the power of appointment to the Secretary of Juvenile Justice.
763	Of the initial appointees, one shall be appointed for a term of
764	1 year, one shall be appointed for a term of 2 years, one shall
765	be appointed for a term of 3 years, and two shall be appointed
766	for terms of 4 years each.
767	(3)  Appointees shall be selected from individuals with
768	personal or professional experience in the juvenile justice
769	system and may include a victim's advocate, employees of the
770	Department of Children and Family Services, employees of the
771	Department of Law Enforcement who work with missing and
772	exploited children, and a parent who, at the time of
773	appointment, does not have a child involved in the juvenile
774	justice system.
775	(4)  Council members shall serve without compensation, but
776	they are entitled to reimbursement for per diem and travel
777	expenses as provided in s. 112.061.
778	(5)  The provisions of s. 24, Art. I of the State
779	Constitution and of chapter 119 and s. 286.011 apply to
780	proceedings and records of the council. Minutes, including a
781	record of all votes cast, must be maintained for all meetings.
782	(6)  If the council is abolished, its records must be
783	appropriately stored, within 30 days after the effective date of
784	its abolition, by the Department of Juvenile Justice or its
785	successor agency. Any property assigned to the council must be
786	reclaimed by the department or its successor agency. The council
787	may not perform any activities after the effective date of its
788	abolition.
789	Section 3.  Sections 985.503, 985.504, 985.505, 985.506,
790	and 985.507, Florida Statutes, are repealed.
791	Section 4.  This act shall take effect July 1, 2005.

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