| 1 | Representative Sands offered the following: |
| 2 |
|
| 3 | Amendment |
| 4 | Remove lines 558-949 and insert: |
| 5 | required by Article X. |
| 6 | J. To accept any and all donations and grants of money, |
| 7 | equipment, supplies, materials, and services, and to receive, |
| 8 | utilize, and dispose thereof. |
| 9 | K. To lease, purchase, accept contributions or donations |
| 10 | of, or otherwise to own, hold, improve, or use any property, |
| 11 | real, personal, or mixed. |
| 12 | L. To sell, convey, mortgage, pledge, lease, exchange, |
| 13 | abandon, or otherwise dispose of any property, real, personal, |
| 14 | or mixed. |
| 15 | M. To establish a budget and make expenditures. |
| 16 | N. To adopt a seal and bylaws governing the management and |
| 17 | operation of the Interstate Commission. |
| 18 | O. To report annually to the legislatures, the governors, |
| 19 | the judiciary, and the state advisory councils of the member |
| 20 | states concerning the activities of the Interstate Commission |
| 21 | during the preceding year. Such reports shall also include any |
| 22 | recommendations that may have been adopted by the Interstate |
| 23 | Commission. |
| 24 | P. To coordinate and provide education, training, and |
| 25 | public awareness regarding the interstate movement of children |
| 26 | for officials involved in such activity. |
| 27 | Q. To maintain books and records in accordance with the |
| 28 | bylaws of the Interstate Commission. |
| 29 | R. To perform such functions as may be necessary or |
| 30 | appropriate to achieve the purposes of this compact. |
| 31 | |
| 32 | ARTICLE X. ORGANIZATION AND OPERATION |
| 33 | OF THE INTERSTATE COMMISSION |
| 34 |
|
| 35 | A. Organization. |
| 36 | 1. Within 12 months after the first Interstate Commission |
| 37 | meeting, the Interstate Commission shall adopt rules to govern |
| 38 | its conduct as may be necessary or appropriate to carry out the |
| 39 | purposes of the compact. |
| 40 | 2. The Interstate Commission's rules shall establish |
| 41 | conditions and procedures under which the Interstate Commission |
| 42 | shall make its information and official records available to the |
| 43 | public for inspection or copying. |
| 44 | B. Meetings. |
| 45 | 1. The Interstate Commission shall meet at least once each |
| 46 | calendar year. The chairperson may call additional meetings and, |
| 47 | upon the request of a simple majority of the member states, |
| 48 | shall call additional meetings. |
| 49 | 2. Public notice shall be given by the Interstate |
| 50 | Commission of all meetings, and all meetings shall be open to |
| 51 | the public. |
| 52 | 3. The bylaws may provide for meetings of the Interstate |
| 53 | Commission to be conducted by telecommunication or other |
| 54 | electronic communication. |
| 55 | C. Officers and staff. |
| 56 | 1. The Interstate Commission may, through its executive |
| 57 | committee, appoint or retain a staff director for such period, |
| 58 | upon such terms and conditions, and for such compensation as the |
| 59 | Interstate Commission may deem appropriate. The staff director |
| 60 | shall serve as secretary to the Interstate Commission but shall |
| 61 | not have a vote. The staff director may hire and supervise such |
| 62 | other staff as may be authorized by the Interstate Commission. |
| 63 | 2. The Interstate Commission shall elect, from among its |
| 64 | members, a chairperson and a vice chairperson of the executive |
| 65 | committee, and other necessary officers, each of whom shall have |
| 66 | such authority and duties as may be specified in the bylaws. |
| 67 | D. Qualified immunity, defense, and indemnification. |
| 68 | 1. The Interstate Commission's staff director and its |
| 69 | employees shall be immune from suit and liability, either |
| 70 | personally or in their official capacity, for a claim for damage |
| 71 | to or loss of property or personal injury or other civil |
| 72 | liability caused or arising out of or relating to an actual or |
| 73 | alleged act, error, or omission that occurred or that such |
| 74 | person had a reasonable basis for believing occurred within the |
| 75 | scope of Interstate Commission employment, duties, or |
| 76 | responsibilities; provided, however, that such person shall not |
| 77 | be protected from suit or liability for damage, loss, injury, or |
| 78 | liability caused by a criminal act or the intentional or willful |
| 79 | and wanton misconduct of such person. |
| 80 | a. The liability of the Interstate Commission's staff |
| 81 | director and employees or Interstate Commission representatives, |
| 82 | acting within the scope of such person's employment or duties, |
| 83 | for acts, errors, or omissions occurring within such person's |
| 84 | state may not exceed the limits of liability set forth under the |
| 85 | Constitution and laws of that state for state officials, |
| 86 | employees, and agents. The Interstate Commission is considered |
| 87 | to be an instrumentality of the states for the purposes of any |
| 88 | such action. Nothing in this subsection shall be construed to |
| 89 | protect such person from suit or liability for damage, loss, |
| 90 | injury, or liability caused by a criminal act or the intentional |
| 91 | or willful and wanton misconduct of such person. |
| 92 | b. The Interstate Commission shall defend the staff |
| 93 | director and its employees and, subject to the approval of the |
| 94 | Attorney General or other appropriate legal counsel of the |
| 95 | member state, shall defend the commissioner of a member state in |
| 96 | a civil action seeking to impose liability arising out of an |
| 97 | actual or alleged act, error, or omission that occurred within |
| 98 | the scope of Interstate Commission employment, duties, or |
| 99 | responsibilities, or that the defendant had a reasonable basis |
| 100 | for believing occurred within the scope of Interstate Commission |
| 101 | employment, duties, or responsibilities; provided, however, that |
| 102 | the actual or alleged act, error, or omission did not result |
| 103 | from intentional or willful and wanton misconduct on the part of |
| 104 | such person. |
| 105 | c. To the extent not covered by the state involved, a |
| 106 | member state, or the Interstate Commission, the representatives |
| 107 | or employees of the Interstate Commission shall be held harmless |
| 108 | in the amount of a settlement or judgment, including attorney's |
| 109 | fees and costs, obtained against such persons arising out of an |
| 110 | actual or alleged act, error, or omission that occurred within |
| 111 | the scope of Interstate Commission employment, duties, or |
| 112 | responsibilities, or that such persons had a reasonable basis |
| 113 | for believing occurred within the scope of Interstate Commission |
| 114 | employment, duties, or responsibilities; provided, however, that |
| 115 | the actual or alleged act, error, or omission did not result |
| 116 | from intentional or willful and wanton misconduct on the part of |
| 117 | such persons. |
| 118 | |
| 119 | ARTICLE XI. RULEMAKING FUNCTIONS |
| 120 | OF THE INTERSTATE COMMISSION |
| 121 |
|
| 122 | A. The Interstate Commission shall promulgate and publish |
| 123 | rules in order to effectively and efficiently achieve the |
| 124 | purposes of the compact. |
| 125 | B. Rulemaking shall occur pursuant to the criteria set |
| 126 | forth in this article and the bylaws and rules adopted pursuant |
| 127 | thereto. Such rulemaking shall substantially conform to the |
| 128 | principles of the "Model State Administrative Procedures Act," |
| 129 | 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such |
| 130 | other administrative procedure acts as the Interstate Commission |
| 131 | deems appropriate, consistent with due process requirements |
| 132 | under the United States Constitution as now or hereafter |
| 133 | interpreted by the United States Supreme Court. All rules and |
| 134 | amendments shall become binding as of the date specified, as |
| 135 | published with the final version of the rule as approved by the |
| 136 | Interstate Commission. |
| 137 | C. When promulgating a rule, the Interstate Commission |
| 138 | shall, at a minimum: |
| 139 | 1. Publish the proposed rule's entire text stating the |
| 140 | reasons for that proposed rule; |
| 141 | 2. Allow and invite any and all persons to submit written |
| 142 | data, facts, opinions, and arguments, which information shall be |
| 143 | added to the record and made publicly available; and |
| 144 | 3. Promulgate a final rule and its effective date, if |
| 145 | appropriate, based on input from state or local officials or |
| 146 | interested parties. |
| 147 | D. Rules promulgated by the Interstate Commission shall |
| 148 | have the force and effect of administrative rules and shall be |
| 149 | binding in the compacting states to the extent and in the manner |
| 150 | provided for in this compact. |
| 151 | E. Not later than 60 days after a rule is promulgated, an |
| 152 | interested person may file a petition in the United States |
| 153 | District Court for the District of Columbia or in the Federal |
| 154 | District Court where the Interstate Commission's principal |
| 155 | office is located for judicial review of such rule. If the court |
| 156 | finds that the Interstate Commission's action is not supported |
| 157 | by substantial evidence in the rulemaking record, the court |
| 158 | shall hold the rule unlawful and set it aside. |
| 159 | F. If a majority of the legislatures of the member states |
| 160 | rejects a rule, those states may by enactment of a statute or |
| 161 | resolution in the same manner used to adopt the compact cause |
| 162 | that such rule shall have no further force and effect in any |
| 163 | member state. |
| 164 | G. The existing rules governing the operation of the |
| 165 | Interstate Compact on the Placement of Children superseded by |
| 166 | this act shall be null and void no less than 12 months but no |
| 167 | more than 24 months after the first meeting of the Interstate |
| 168 | Commission created hereunder, as determined by the members |
| 169 | during the first meeting. |
| 170 | H. Within the first 12 months of operation, the Interstate |
| 171 | Commission shall promulgate rules addressing the following: |
| 172 | 1. Transition rules. |
| 173 | 2. Forms and procedures. |
| 174 | 3. Timelines. |
| 175 | 4. Data collection and reporting. |
| 176 | 5. Rulemaking. |
| 177 | 6. Visitation. |
| 178 | 7. Progress reports and supervision. |
| 179 | 8. Sharing of information and confidentiality. |
| 180 | 9. Financing of the Interstate Commission. |
| 181 | 10. Mediation, arbitration, and dispute resolution. |
| 182 | 11. Education, training, and technical assistance. |
| 183 | 12. Enforcement. |
| 184 | 13. Coordination with other interstate compacts. |
| 185 | I. Upon determination by a majority of the members of the |
| 186 | Interstate Commission that an emergency exists: |
| 187 | 1. The Interstate Commission may promulgate an emergency |
| 188 | rule only if it is required to: |
| 189 | a. Protect the children covered by this compact from an |
| 190 | imminent threat to their health, safety, and well-being; |
| 191 | b. Prevent loss of federal or state funds; or |
| 192 | c. Meet a deadline for the promulgation of an |
| 193 | administrative rule required by federal law. |
| 194 | 2. An emergency rule shall become effective immediately |
| 195 | upon adoption, provided that the usual rulemaking procedures |
| 196 | provided hereunder shall be retroactively applied to the |
| 197 | emergency rule as soon as reasonably possible, but no later than |
| 198 | 90 days after the effective date of the emergency rule. |
| 199 | 3. An emergency rule shall be promulgated as provided for |
| 200 | in the rules of the Interstate Commission. |
| 201 | |
| 202 | ARTICLE XII. OVERSIGHT, DISPUTE |
| 203 | RESOLUTION, AND ENFORCEMENT |
| 204 |
|
| 205 | A. Oversight. |
| 206 | 1. The Interstate Commission shall oversee the |
| 207 | administration and operation of the compact. |
| 208 | 2. The executive, legislative, and judicial branches of |
| 209 | state government in each member state shall enforce this compact |
| 210 | and the rules of the Interstate Commission and shall take all |
| 211 | actions necessary and appropriate to effectuate the compact's |
| 212 | purposes and intent. The compact and its rules shall be binding |
| 213 | in the compacting states to the extent and in the manner |
| 214 | provided for in this compact. |
| 215 | 3. All courts shall take judicial notice of the compact |
| 216 | and the rules in any judicial or administrative proceeding in a |
| 217 | member state pertaining to the subject matter of this compact. |
| 218 | 4. The Interstate Commission shall be entitled to receive |
| 219 | service of process in any action in which the validity of a |
| 220 | compact provision or rule is the issue for which a judicial |
| 221 | determination has been sought and shall have standing to |
| 222 | intervene in any proceedings. Failure to provide service of |
| 223 | process to the Interstate Commission shall render any judgment, |
| 224 | order, or other determination, however so captioned or |
| 225 | classified, void as to this compact, its bylaws, or rules of the |
| 226 | Interstate Commission. |
| 227 | B. Dispute resolution. |
| 228 | 1. The Interstate Commission shall attempt, upon the |
| 229 | request of a member state, to resolve disputes which are subject |
| 230 | to the compact and which may arise among member states and |
| 231 | between member and nonmember states. |
| 232 | 2. The Interstate Commission shall promulgate a rule |
| 233 | providing for both mediation and binding dispute resolution for |
| 234 | disputes among compacting states. The costs of such mediation or |
| 235 | dispute resolution shall be the responsibility of the parties to |
| 236 | the dispute. |
| 237 | C. Enforcement. |
| 238 | 1. If the Interstate Commission determines that a member |
| 239 | state has defaulted in the performance of its obligations or |
| 240 | responsibilities under this compact, its bylaws, or rules of the |
| 241 | Interstate Commission, the Interstate Commission may: |
| 242 | a. Provide remedial training and specific technical |
| 243 | assistance; |
| 244 | b. Provide written notice to the defaulting state and |
| 245 | other member states of the nature of the default and the means |
| 246 | of curing the default. The Interstate Commission shall specify |
| 247 | the conditions by which the defaulting state must cure its |
| 248 | default; |
| 249 | c. By majority vote of the members, initiate against a |
| 250 | defaulting member state legal action in the United States |
| 251 | District Court for the District of Columbia or, at the |
| 252 | discretion of the Interstate Commission, in the federal district |
| 253 | where the Interstate Commission has its principal office, to |
| 254 | enforce compliance with the provisions of the compact, its |
| 255 | bylaws, or rules of the Interstate Commission. The relief sought |
| 256 | may include both injunctive relief and damages. In the event |
| 257 | judicial enforcement is necessary, the prevailing party shall be |
| 258 | awarded all costs of such litigation, including reasonable |
| 259 | attorney's fees; or |
| 260 | d. Avail itself of any other remedies available under |
| 261 | state law or the regulation of official or professional conduct. |
| 262 | |
| 263 | ARTICLE XIII. FINANCING OF THE COMMISSION |
| 264 |
|
| 265 | A. The Interstate Commission shall pay, or provide for the |
| 266 | payment of, the reasonable expenses of its establishment, |
| 267 | organization, and ongoing activities. |
| 268 | B. The Interstate Commission may levy on and collect an |
| 269 | annual assessment from each member state to cover the cost of |
| 270 | the operations and activities of the Interstate Commission and |
| 271 | its staff, which must be in a total amount sufficient to cover |
| 272 | the Interstate Commission's annual budget as approved by its |
| 273 | members each year. The aggregate annual assessment amount shall |
| 274 | be allocated based upon a formula to be determined by the |
| 275 | Interstate Commission, which shall promulgate a rule binding |
| 276 | upon all member states. |
| 277 | C. The Interstate Commission shall not incur obligations |
| 278 | of any kind prior to securing the funds adequate to meet those |
| 279 | obligations, nor shall the Interstate Commission pledge the |
| 280 | credit of any of the member states, except by and with the |
| 281 | authority of the member state. |
| 282 | D. The Interstate Commission shall keep accurate accounts |
| 283 | of all receipts and disbursements. The receipts and |
| 284 | disbursements of the Interstate Commission shall be subject to |
| 285 | the audit and accounting procedures established under its |
| 286 | bylaws. However, all receipts and disbursements of funds handled |
| 287 | by the Interstate Commission shall be audited yearly by a |
| 288 | certified or licensed public accountant, and the report of the |
| 289 | audit shall be included in and become part of the annual report |
| 290 | of the Interstate Commission. |
| 291 | |
| 292 | ARTICLE XIV. MEMBER STATES, EFFECTIVE |
| 293 | DATE, AND AMENDMENT |
| 294 |
|
| 295 | A. Any state is eligible to become a member state. |
| 296 | B. The compact shall become effective and binding upon |
| 297 | legislative enactment of the compact into law by no less than 35 |
| 298 | states. The effective date shall be the later of July 1, 2007, |
| 299 | or upon enactment of the compact into law by the 35th state. |
| 300 | Thereafter, it shall become effective and binding as to any |
| 301 | other member state upon enactment of the compact into law by |
| 302 | that state. The executive heads of the state human services |
| 303 | administration with ultimate responsibility for the child |
| 304 | welfare program of nonmember states or their designees shall be |
| 305 | invited to participate in the activities of the Interstate |
| 306 | Commission on a nonvoting basis prior to adoption of the compact |
| 307 | by all states. |
| 308 | C. The Interstate Commission may propose amendments to the |
| 309 | compact for enactment by the member states. No amendment shall |
| 310 | become effective and binding on the member states unless and |
| 311 | until it is enacted into law by unanimous consent of the member |
| 312 | states. |
| 313 | |
| 314 | ARTICLE XV. WITHDRAWAL AND DISSOLUTION |
| 315 |
|
| 316 | A. Withdrawal. |
| 317 | 1. Once effective, the compact shall continue in force and |
| 318 | remain binding upon each and every member state, provided that a |
| 319 | member state may withdraw from the compact by specifically |
| 320 | repealing the statute which enacted the compact into law. |
| 321 | 2. Withdrawal from this compact shall be by the enactment |
| 322 | of a statute repealing the compact. The effective date of |
| 323 | withdrawal shall be the effective date of the repeal of the |
| 324 | statute. |
| 325 | 3. The withdrawing state shall immediately notify the |
| 326 | president of the Interstate Commission in writing upon the |
| 327 | introduction of legislation repealing this compact in the |
| 328 | withdrawing state. The Interstate Commission shall then notify |
| 329 | the other member states of the withdrawing state's intent to |
| 330 | withdraw. |
| 331 | 4. The withdrawing state is responsible for all |
| 332 | assessments, obligations, and liabilities incurred through the |
| 333 | effective date of withdrawal. |
| 334 | 5. Reinstatement following withdrawal of a member state |
| 335 | shall occur upon the withdrawing state reenacting the compact or |
| 336 | upon such later date as determined by the members of the |
| 337 | Interstate Commission. |
| 338 | B. Dissolution of compact. |
| 339 | 1. This compact shall dissolve effective upon the date of |
| 340 | the withdrawal or default of the member state which reduces the |
| 341 | membership in the compact to one member state. |
| 342 | 2. Upon the dissolution of this compact, the compact |
| 343 | becomes null and void and shall be of no further force or |
| 344 | effect, and the business and affairs of the Interstate |
| 345 | Commission shall be concluded and surplus funds shall be |
| 346 | distributed in accordance with the bylaws. |
| 347 | |
| 348 | ARTICLE XVI. SEVERABILITY AND CONSTRUCTION |
| 349 |
|
| 350 | A. The provisions of this compact shall be severable, and, |
| 351 | if any phrase, clause, sentence, or provision is deemed |
| 352 | unenforceable, the remaining provisions of the compact shall be |
| 353 | enforceable. |
| 354 | B. The provisions of this compact shall be liberally |
| 355 | construed to effectuate its purposes. |
| 356 | C. Nothing in this compact shall be construed to prohibit |
| 357 | the concurrent applicability of other interstate compacts to |
| 358 | which the states are members. |
| 359 | |
| 360 | ARTICLE XVII. BINDING EFFECT OF COMPACT |
| 361 | AND OTHER LAWS |
| 362 |
|
| 363 | A. Other laws. |
| 364 | 1. Nothing in this compact prevents the enforcement of any |
| 365 | other law of a member state that is not inconsistent with this |
| 366 | compact. |
| 367 | B. Binding effect of the compact. |
| 368 | 1. All lawful actions of the Interstate Commission are |
| 369 | binding upon the member states. |
| 370 | 2. All agreements between the Interstate Commission and |
| 371 | the member states are binding in accordance with their terms. |
| 372 | 3. In the event any provision of this compact exceeds the |
| 373 | constitutional limits imposed on the legislature or executive |
| 374 | branch of any member state, such provision shall be ineffective |
| 375 | to the extent of the conflict with the constitutional provision |
| 376 | in question in that member state. |
| 377 | |
| 378 | ARTICLE XVIII. INDIAN TRIBES |
| 379 |
|
| 380 | Notwithstanding any other provision in this compact, the |
| 381 | Interstate Commission may promulgate guidelines to permit Indian |
| 382 | tribes to utilize the compact to achieve any or all of the |
| 383 | purposes of the compact as specified in Article I. The |
| 384 | Interstate Commission shall make reasonable efforts to consult |
| 385 | with Indian tribes in promulgating guidelines to reflect the |
| 386 | diverse circumstances of the various Indian tribes. |
| 387 | Section 2. Section 409.409, Florida Statutes, is created |
| 388 | to read: |
| 389 | 409.409 Effect of existing compact provisions.--The |
| 390 | provisions of the existing Interstate Compact on the Placement |
| 391 | of Children, as created under s. 409.401, shall remain in effect |
| 392 | until repealed by entry into the new Interstate Compact for |