HB 0577

CS

CHAMBER ACTION

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39	the former compact superseded by the act; providing for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

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