HB 0577

CS

CHAMBER ACTION

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39	the former compact superseded by the act; providing for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

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