HB 1029

1	A bill to be entitled
2	An act relating to the Interstate Compact for Juveniles;
3	reenacting s. 985.802, F.S.; providing purpose of the
4	compact; providing definitions; providing for an
5	Interstate Commission for Juveniles; providing for the
6	appointment of commissioners; providing for an executive
7	committee; providing for meetings; providing powers and
8	duties of the Interstate Commission; providing for its
9	organization and operation; providing for bylaws,
10	officers, and staff; providing for qualified immunity from
11	liability for the commissioners, the executive director,
12	and employees; requiring the Interstate Commission to
13	adopt rules; providing for oversight, enforcement, and
14	dispute resolution by the Interstate Commission; providing
15	for the activities of the Interstate Commission to be
16	financed by an annual assessment from each compacting
17	state; requiring member states to create a State Council
18	for Interstate Juvenile Supervision; providing for the
19	effective date of the compact and amendments thereto;
20	providing for a state's withdrawal from and reinstatement
21	to the compact; providing for assistance, certain
22	penalties, suspension, or termination following default by
23	a state; providing for judicial enforcement; providing for
24	dissolution of the compact; providing for severability and
25	construction of the compact; providing for the effect of
26	the compact with respect to other laws and for its binding
27	effect; reenacting s. 985.8025, F.S.; creating the State
28	Council for Interstate Juvenile Offender Supervision to
29	oversee state participation in the compact; providing
30	membership; providing for records and open meetings;
31	prescribing procedures if the council is abolished;
32	providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Notwithstanding the repeal of this section by
37	section 4 of chapter 2005-80, Laws of Florida, effective 2 years
38	after the effective date of the act, section 985.802, Florida
39	Statutes, is reenacted to read:
40	985.802  Execution of interstate compact for juveniles.-The
41	Governor is authorized and directed to execute a compact on
42	behalf of this state with any other state or states legally
43	joining thereto in the form substantially as follows. This
44	compact does not interfere with this state's authority to
45	determine policy regarding juvenile offenders and nonoffenders
46	within this state.
47	THE INTERSTATE COMPACT FOR JUVENILES
48	ARTICLE I
49	PURPOSE.-
50	(1)  The compacting states to this Interstate Compact
51	recognize that each state is responsible for the proper
52	supervision or return of juveniles, delinquents, and status
53	offenders who are on probation or parole and who have absconded,
54	escaped, or run away from supervision and control and in so
55	doing have endangered their own safety and the safety of others.
56	The compacting states also recognize that each state is
57	responsible for the safe return of juveniles who have run away
58	from home and in doing so have left their state of residence.
59	The compacting states also recognize that Congress, by enacting
60	the Crime Control Act, 4 U.S.C. s. 112 (1965), has authorized
61	and encouraged compacts for cooperative efforts and mutual
62	assistance in the prevention of crime.
63	(2)  It is the purpose of this compact, through means of
64	joint and cooperative action among the compacting states to: (A)
65	ensure that the adjudicated juveniles and status offenders
66	subject to this compact are provided adequate supervision and
67	services in the receiving state as ordered by the adjudicating
68	judge or parole authority in the sending state; (B) ensure that
69	the public safety interests of the public, including the victims
70	of juvenile offenders, in both the sending and receiving states
71	are adequately protected; (C) return juveniles who have run
72	away, absconded, or escaped from supervision or control or who
73	have been accused of an offense to the state requesting their
74	return; (D) make contracts for the cooperative
75	institutionalization in public facilities in member states for
76	delinquent youth needing special services; (E) provide for the
77	effective tracking and supervision of juveniles; (F) equitably
78	allocate the costs, benefits, and obligations of the compacting
79	states; (G) establish procedures to manage the movement between
80	states of juvenile offenders released to the community under the
81	jurisdiction of courts, juvenile departments, or any other
82	criminal or juvenile justice agency that has jurisdiction over
83	juvenile offenders; (H) ensure immediate notice to jurisdictions
84	where defined offenders are authorized to travel or to relocate
85	across state lines; (I) establish procedures to resolve pending
86	charges (detainers) against juvenile offenders prior to transfer
87	or release to the community under the terms of this compact; (J)
88	establish a system of uniform data collection of information
89	pertaining to juveniles subject to this compact which allows
90	access by authorized juvenile justice and criminal justice
91	officials, and regular reporting of activities under this
92	compact to heads of state executive, judicial, and legislative
93	branches and juvenile and criminal justice administrators; (K)
94	monitor compliance with rules governing interstate movement of
95	juveniles and initiate interventions to address and correct
96	noncompliance; (L) coordinate training and education regarding
97	the regulation of interstate movement of juveniles for officials
98	involved in such activity; and (M) coordinate the implementation
99	and operation of the compact with the Interstate Compact for the
100	Placement of Children, the Interstate Compact for Adult Offender
101	Supervision, and other compacts affecting juveniles,
102	particularly in those cases where concurrent or overlapping
103	supervision issues arise. It is the policy of the compacting
104	states that the activities conducted by the Interstate
105	Commission created in this compact are the formation of public
106	policies and therefore are public business. Furthermore, the
107	compacting states shall cooperate and observe their individual
108	and collective duties and responsibilities for the prompt return
109	and acceptance of juveniles subject to the provisions of the
110	compact. The provisions of the compact shall be reasonably and
111	liberally construed to accomplish the purposes and policies of
112	the compact.
113	ARTICLE II
114	DEFINITIONS.-As used in this compact, unless the context
115	clearly requires a different construction:
116	(1)  "Bylaws" means those bylaws established by the
117	Interstate Commission for its governance or for directing or
118	controlling its actions or conduct.
119	(2)  "Compact administrator" means the individual in each
120	compacting state, appointed pursuant to the terms of this
121	compact, who is responsible for the administration and
122	management of the state's supervision and transfer of juveniles
123	subject to the terms of this compact, the rules adopted by the
124	Interstate Commission, and the policies adopted by the state
125	council under this compact.
126	(3)  "Compacting state" means any state that has enacted
127	the enabling legislation for this compact.
128	(4)  "Commissioner" means the voting representative of each
129	compacting state appointed pursuant to Article III of this
130	compact.
131	(5)  "Court" means any court having jurisdiction over
132	delinquent, neglected, or dependent children.
133	(6)  "Deputy compact administrator" means the individual,
134	if any, in each compacting state appointed to act on behalf of a
135	compact administrator pursuant to the terms of the compact who
136	is responsible for the administration and management of the
137	state's supervision and transfer of juveniles subject to the
138	terms of this compact, the rules adopted by the Interstate
139	Commission, and the policies adopted by the state council under
140	this compact.
141	(7)  "Interstate Commission" means the Interstate
142	Commission for Juveniles created by Article III of this compact.
143	(8)  "Juvenile" means any person defined as a juvenile in
144	any member state or by the rules of the Interstate Commission,
145	including:
146	(a)  Accused delinquent - a person charged with an offense
147	that, if committed by an adult, would be a criminal offense;
148	(b)  Adjudicated delinquent - a person found to have
149	committed an offense that, if committed by an adult, would be a
150	criminal offense;
151	(c)  Accused status offender - a person charged with an
152	offense that would not be a criminal offense if committed by an
153	adult;
154	(d)  Adjudicated status offender - a person found to have
155	committed an offense that would not be a criminal offense if
156	committed by an adult; and
157	(e)  Nonoffender - a person in need of supervision who has
158	not been accused or adjudicated a status offender or delinquent.
159	(9)  "Noncompacting state" means any state that has not
160	enacted the enabling legislation for this compact.
161	(10)  "Probation or parole" means any kind of supervision
162	or conditional release of juveniles authorized under the laws of
163	the compacting states.
164	(11)  "Rule" means a written statement by the Interstate
165	Commission adopted pursuant to Article VI of this compact which
166	is of general applicability and implements, interprets, or
167	prescribes a policy or provision of the compact, or an
168	organizational, procedural, or practice requirement of the
169	commission; has the force and effect of statutory law in a
170	compacting state; and includes the amendment, repeal, or
171	suspension of an existing rule.
172	(12)  "State" means a state of the United States, the
173	District of Columbia (or its designee), the Commonwealth of
174	Puerto Rico, the United States Virgin Islands, Guam, American
175	Samoa, and the Northern Mariana Islands.
176	ARTICLE III
177	INTERSTATE COMMISSION FOR JUVENILES.-
178	(1)  The compacting states hereby create the "Interstate
179	Commission for Juveniles." The Interstate Commission shall be a
180	body corporate and joint agency of the compacting states. The
181	Interstate Commission shall have all the responsibilities,
182	powers, and duties set forth in this compact, and such
183	additional powers as may be conferred upon it by subsequent
184	action of the respective legislatures of the compacting states
185	in accordance with the terms of this compact.
186	(2)  The Interstate Commission shall consist of
187	commissioners appointed by the appropriate appointing authority
188	in each state pursuant to the rules and requirements of each
189	compacting state and in consultation with the State Council for
190	Interstate Juvenile Supervision created hereunder. The
191	commissioner shall be the compact administrator, deputy compact
192	administrator, or designee from that state who shall serve on
193	the Interstate Commission in such capacity under or pursuant to
194	the applicable law of the compacting state.
195	(3)  In addition to the commissioners who are the voting
196	representatives of each state, the Interstate Commission shall
197	include individuals who are not commissioners, but who are
198	members of interested organizations. Such noncommissioner
199	members must include a member of the national organization of
200	governors, legislatures, state chief justices, attorneys
201	general, Interstate Compact for Adult Offender Supervision,
202	Interstate Compact for the Placement of Children, juvenile
203	justice and juvenile corrections officials, and crime victims.
204	All noncommissioner members of the Interstate Commission shall
205	be ex officio, nonvoting members. The Interstate Commission may
206	provide in its bylaws for such additional ex officio, nonvoting
207	members, including members of other national organizations, in
208	such numbers as shall be determined by the Interstate
209	Commission.
210	(4)  Each compacting state represented at any meeting of
211	the Interstate Commission is entitled to one vote. A majority of
212	the compacting states shall constitute a quorum for the
213	transaction of business, unless a larger quorum is required by
214	the bylaws of the Interstate Commission.
215	(5)  The Interstate Commission shall establish an executive
216	committee, which shall include commission officers, members, and
217	others as determined by the bylaws. The executive committee
218	shall have the power to act on behalf of the Interstate
219	Commission during periods when the Interstate Commission is not
220	in session, with the exception of rulemaking or amendment to the
221	compact. The executive committee shall oversee the day-to-day
222	activities of the administration of the compact, which shall be
223	managed by an executive director and Interstate Commission
224	staff. The executive committee shall administer enforcement and
225	compliance with the provisions of the compact, its bylaws, and
226	rules, and shall perform other duties as directed by the
227	Interstate Commission or set forth in the bylaws.
228	(6)  Each member of the Interstate Commission shall have
229	the right and power to cast a vote to which that compacting
230	state is entitled and to participate in the business and affairs
231	of the Interstate Commission. A member shall vote in person and
232	may not delegate a vote to another compacting state. However, a
233	commissioner, in consultation with the state council, shall
234	appoint another authorized representative, in the absence of the
235	commissioner from that state, to cast a vote on behalf of the
236	compacting state at a specified meeting. The bylaws may provide
237	for members' participation in meetings by telephone or other
238	means of telecommunication or electronic communication.
239	(7)  The Interstate Commission shall collect standardized
240	data concerning the interstate movement of juveniles as directed
241	through its rules, which shall specify the data to be collected,
242	the means of collection and data exchange, and reporting
243	requirements. Such methods of data collection, exchange, and
244	reporting shall, insofar as is reasonably possible, conform to
245	up-to-date technology and coordinate its information functions
246	with the appropriate repository of records.
247	ARTICLE IV
248	POWERS AND DUTIES OF THE INTERSTATE COMMISSION.-The
249	Interstate Commission shall have the following powers and
250	duties:
251	(1)  To provide for dispute resolution among compacting
252	states.
253	(2)  To adopt rules to effect the purposes and obligations
254	as enumerated in this compact, and which shall have the force
255	and effect of statutory law and shall be binding in the
256	compacting states to the extent and in the manner provided in
257	this compact.
258	(3)  To oversee, supervise, and coordinate the interstate
259	movement of juveniles subject to the terms of this compact and
260	any bylaws and rules adopted by the Interstate Commission.
261	(4)  To enforce compliance with the compact provisions, the
262	rules adopted by the Interstate Commission, and the bylaws,
263	using all necessary and proper means, including, but not limited
264	to, the use of judicial process.
265	(5)  To establish and maintain offices that are located
266	within one or more of the compacting states.
267	(6)  To purchase and maintain insurance and bonds.
268	(7)  To borrow, accept, hire, or contract for services of
269	personnel.
270	(8)  To establish and appoint committees and hire staff
271	that it deems necessary for carrying out its functions,
272	including, but not limited to, an executive committee as
273	required in Article III which shall have the power to act on
274	behalf of the Interstate Commission in carrying out its powers
275	and duties hereunder.
276	(9)  To elect or appoint such officers, attorneys,
277	employees, agents, or consultants; to fix their compensation,
278	define their duties, and determine their qualifications; and to
279	establish the Interstate Commission's personnel policies and
280	programs relating to, inter alia, conflicts of interest, rates
281	of compensation, and qualifications of personnel.
282	(10)  To accept any and all donations and grants of money,
283	equipment, supplies, materials, and services, and to receive,
284	use, and dispose of such donations and grants.
285	(11)  To lease, purchase, accept contributions or donations
286	of, or otherwise to own, hold, improve, or use any property,
287	real, personal, or mixed.
288	(12)  To sell, convey, mortgage, pledge, lease, exchange,
289	abandon, or otherwise dispose of any property, real, personal,
290	or mixed.
291	(13)  To establish a budget and make expenditures and levy
292	dues as provided in Article VIII of this compact.
293	(14)  To sue and to be sued.
294	(15)  To adopt a seal and bylaws governing the management
295	and operation of the Interstate Commission.
296	(16)  To perform such functions as may be necessary or
297	appropriate to achieve the purposes of this compact.
298	(17)  To report annually to the legislatures, governors,
299	judiciary, and state councils of the compacting states
300	concerning the activities of the Interstate Commission during
301	the preceding year. Such reports shall also include any
302	recommendations that may have been adopted by the Interstate
303	Commission.
304	(18)  To coordinate education, training, and public
305	awareness regarding the interstate movement of juveniles for
306	officials involved in such activity.
307	(19)  To establish uniform standards of the reporting,
308	collecting, and exchanging of data.
309	(20)  To maintain its corporate books and records in
310	accordance with the bylaws.
311	ARTICLE V
312	ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.-
313	Section A.  Bylaws.-The Interstate Commission shall, by a
314	majority of the members present and voting, within 12 months
315	after the first Interstate Commission meeting, adopt bylaws to
316	govern its conduct as may be necessary or appropriate to carry
317	out the purposes of the compact, including, but not limited to:
318	(1)  Establishing the fiscal year of the Interstate
319	Commission;
320	(2)  Establishing an executive committee and such other
321	committees as may be necessary;
322	(3)  Providing for the establishment of committees
323	governing any general or specific delegation of any authority or
324	function of the Interstate Commission;
325	(4)  Providing reasonable procedures for calling and
326	conducting meetings of the Interstate Commission and ensuring
327	reasonable notice of each such meeting;
328	(5)  Establishing the titles and responsibilities of the
329	officers of the Interstate Commission;
330	(6)  Providing a mechanism for concluding the operation of
331	the Interstate Commission and the return of any surplus funds
332	that may exist upon the termination of the compact after the
333	payment or reserving all of its debts and obligations;
334	(7)  Providing start-up rules for initial administration of
335	the compact; and
336	(8)  Establishing standards and procedures for compliance
337	and technical assistance in carrying out the compact.
338	Section B.  Officers and staff.-
339	(1)  The Interstate Commission shall, by a majority of the
340	members, elect annually from among its members a chairperson and
341	vice chairperson, each of whom shall have such authority and
342	duties as may be specified in the bylaws. The chairperson or, in
343	the chairperson's absence or disability, the vice chairperson
344	shall preside at all meetings of the Interstate Commission. The
345	officers so elected shall serve without compensation or
346	remuneration from the Interstate Commission; provided that,
347	subject to the availability of budgeted funds, the officers
348	shall be reimbursed for any ordinary and necessary costs and
349	expenses incurred by them in the performance of their duties and
350	responsibilities as officers of the Interstate Commission.
351	(2)  The Interstate Commission shall, through its executive
352	committee, appoint or retain an executive director for such
353	period, upon such terms and conditions, and for such
354	compensation as the Interstate Commission deems appropriate. The
355	executive director shall serve as secretary to the Interstate
356	Commission, but may not be a member, and shall hire and
357	supervise such other staff as may be authorized by the
358	Interstate Commission.
359	Section C.  Qualified immunity, defense, and
360	indemnification.-
361	(1)  The Interstate Commission's executive director and
362	employees shall be immune from suit and liability, either
363	personally or in their official capacity, for any claim for
364	damage to or loss of property or personal injury or other civil
365	liability caused or arising out of or relating to any actual or
366	alleged act, error, or omission that occurred, or that such
367	person had a reasonable basis for believing occurred, within the
368	scope of commission employment, duties, or responsibilities;
369	provided that any such person is not protected from suit or
370	liability for any damage, loss, injury, or liability caused by
371	the intentional or willful and wanton misconduct of any such
372	person.
373	(2)  The liability of any commissioner, or the employee or
374	agent of a commissioner, acting within the scope of such
375	person's employment or duties for acts, errors, or omissions
376	occurring within such person's state may not exceed the limits
377	of liability set forth under the constitution and laws of that
378	state for state officials, employees, and agents. Nothing in
379	this subsection shall be construed to protect any such person
380	from suit or liability for any damage, loss, injury, or
381	liability caused by the intentional or willful and wanton
382	misconduct of any such person.
383	(3)  The Interstate Commission shall defend the executive
384	director or the employees or representatives of the Interstate
385	Commission and, subject to the approval of the Attorney General
386	of the state represented by any commissioner of a compacting
387	state, shall defend such commissioner or the commissioner's
388	representatives or employees in any civil action seeking to
389	impose liability arising out of any actual or alleged act,
390	error, or omission that occurred within the scope of Interstate
391	Commission employment, duties, or responsibilities, or that the
392	defendant had a reasonable basis for believing occurred within
393	the scope of Interstate Commission employment, duties, or
394	responsibilities; provided that the actual or alleged act,
395	error, or omission did not result from intentional or willful
396	and wanton misconduct on the part of such person.
397	(4)  The Interstate Commission shall indemnify and hold the
398	commissioner of a compacting state or the commissioner's
399	representatives or employees, or the Interstate Commission's
400	representatives or employees, harmless in the amount of any
401	settlement or judgment obtained against such persons arising out
402	of any actual or alleged act, error, or omission that occurred
403	within the scope of Interstate Commission employment, duties, or
404	responsibilities, or that such persons had a reasonable basis
405	for believing occurred within the scope of Interstate Commission
406	employment, duties, or responsibilities; provided that the
407	actual or alleged act, error, or omission did not result from
408	intentional or willful and wanton misconduct on the part of such
409	persons.
410	ARTICLE VI
411	RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.-
412	(1)  The Interstate Commission shall adopt and publish
413	rules in order to effectively and efficiently achieve the
414	purposes of the compact.
415	(2)  Rulemaking shall occur pursuant to the criteria set
416	forth in this article and the bylaws and rules adopted pursuant
417	thereto. Such rulemaking shall substantially conform to the
418	principles of the "Model State Administrative Procedures Act,"
419	1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such
420	other administrative procedures act as the Interstate Commission
421	deems appropriate consistent with due process requirements under
422	the United States Constitution as now or hereafter interpreted
423	by the United States Supreme Court. All rules and amendments
424	shall become binding as of the date specified, as published with
425	the final version of the rule as approved by the Interstate
426	Commission.
427	(3)  When adopting a rule, the Interstate Commission shall,
428	at a minimum:
429	(a)  Publish the proposed rule's entire text stating the
430	reason for that proposed rule;
431	(b)  Allow and invite any and all persons to submit written
432	data, facts, opinions, and arguments, which information shall be
433	added to the record and made publicly available;
434	(c)  Provide an opportunity for an informal hearing if
435	petitioned by 10 or more persons; and
436	(d)  Adopt a final rule and its effective date, if
437	appropriate, based on input from state or local officials or
438	interested parties.
439	(4)  Allow, not later than 60 days after a rule is adopted,
440	any interested person to file a petition in the United States
441	District Court for the District of Columbia, or in the Federal
442	District Court where the Interstate Commission's principal
443	office is located, for judicial review of such rule. If the
444	court finds that the Interstate Commission's actions are not
445	supported by the substantial evidence in the rulemaking record,
446	the court shall hold the rule unlawful and set it aside. For
447	purposes of this subsection, evidence is substantial if it would
448	be considered substantial evidence under the Model State
449	Administrative Procedures Act.
450	(5)  If a majority of the legislatures of the compacting
451	states rejects a rule, those states may, by enactment of a
452	statute or resolution in the same manner used to adopt the
453	compact, cause that such rule shall have no further force and
454	effect in any compacting state.
455	(6)  The existing rules governing the operation of the
456	Interstate Compact on Juveniles superseded by this act shall be
457	null and void 12 months after the first meeting of the
458	Interstate Commission created hereunder.
459	(7)  Upon determination by the Interstate Commission that a
460	state of emergency exists, it may adopt an emergency rule that
461	shall become effective immediately upon adoption; provided that
462	the usual rulemaking procedures provided hereunder shall be
463	retroactively applied to said rule as soon as reasonably
464	possible, but no later than 90 days after the effective date of
465	the emergency rule.
466	ARTICLE VII
467	OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
468	INTERSTATE COMMISSION.-
469	Section A.  Oversight.-
470	(1)  The Interstate Commission shall oversee the
471	administration and operations of the interstate movement of
472	juveniles subject to this compact in the compacting states and
473	shall monitor such activities being administered in
474	noncompacting states which may significantly affect compacting
475	states.
476	(2)  The courts and executive agencies in each compacting
477	state shall enforce this compact and shall take all actions
478	necessary and appropriate to effectuate the compact's purposes
479	and intent. The provisions of this compact and the rules adopted
480	hereunder shall be received by all the judges, public officers,
481	commissions, and departments of the state government as evidence
482	of the authorized statute and administrative rules. All courts
483	shall take judicial notice of the compact and the rules. In any
484	judicial or administrative proceeding in a compacting state
485	pertaining to the subject matter of this compact which may
486	affect the powers, responsibilities, or actions of the
487	Interstate Commission, the commission shall be entitled to
488	receive all service of process in any such proceeding and shall
489	have standing to intervene in the proceeding for all purposes.
490	Section B.  Dispute resolution.-
491	(1)  The compacting states shall report to the Interstate
492	Commission on all issues and activities necessary for the
493	administration of the compact as well as issues and activities
494	pertaining to compliance with the provisions of the compact and
495	its bylaws and rules.
496	(2)  The Interstate Commission shall attempt, upon the
497	request of a compacting state, to resolve any disputes or other
498	issues that are subject to the compact and that may arise among
499	compacting states and between compacting and noncompacting
500	states. The commission shall adopt a rule providing for both
501	mediation and binding dispute resolution for disputes among the
502	compacting states.
503	(3)  The Interstate Commission, in the reasonable exercise
504	of its discretion, shall enforce the provisions and rules of
505	this compact using any or all means set forth in Article XI of
506	this compact.
507	ARTICLE VIII
508	FINANCE.-
509	(1)  The Interstate Commission shall pay or provide for the
510	payment of the reasonable expenses of its establishment,
511	organization, and ongoing activities.
512	(2)  The Interstate Commission shall levy on and collect an
513	annual assessment from each compacting state to cover the cost
514	of the internal operations and activities of the Interstate
515	Commission and its staff which must be in a total amount
516	sufficient to cover the Interstate Commission's annual budget as
517	approved each year. The aggregate annual assessment amount shall
518	be allocated based upon a formula to be determined by the
519	Interstate Commission, taking into consideration the population
520	of each compacting state and the volume of interstate movement
521	of juveniles in each compacting state, and the Interstate
522	Commission shall adopt a rule that is binding upon all
523	compacting states governing the assessment.
524	(3)  The Interstate Commission shall not incur any
525	obligations of any kind prior to securing the funds adequate to
526	meet the same, nor shall the Interstate Commission pledge the
527	credit of any of the compacting states, except by and with the
528	authority of the compacting state.
529	(4)  The Interstate Commission shall keep accurate accounts
530	of all receipts and disbursements. The receipts and
531	disbursements of the Interstate Commission shall be subject to
532	the audit and accounting procedures established under its
533	bylaws. However, all receipts and disbursements of funds handled
534	by the Interstate Commission shall be audited yearly by a
535	certified or licensed public accountant, and the report of the
536	audit shall be included in and become part of the annual report
537	of the Interstate Commission.
538	ARTICLE IX
539	THE STATE COUNCIL.-Each member shall create a State Council
540	for Interstate Juvenile Supervision. While each state may
541	determine the membership of its own state council, its
542	membership must include at least one representative from the
543	legislative, judicial, and executive branches of government; at
544	least one representative of victims groups; a parent of a youth
545	who is not currently in the juvenile justice system; and the
546	compact administrator, deputy compact administrator, or
547	designee. Each compacting state retains the right to determine
548	the qualifications of the compact administrator or deputy
549	compact administrator. Each state council may advise and
550	exercise oversight and advocacy concerning that state's
551	participation in the activities of the Interstate Commission and
552	other duties as may be determined by that state, including, but
553	not limited to, development of policy concerning operations and
554	procedures of the compact within that state.
555	ARTICLE X
556	COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT.-
557	(1)  Any state, including the District of Columbia (or its
558	designee), the Commonwealth of Puerto Rico, the United States
559	Virgin Islands, Guam, American Samoa, and the Northern Mariana
560	Islands, as defined in Article II of this compact, is eligible
561	to become a compacting state.
562	(2)  The compact shall become effective and binding upon
563	legislative enactment of the compact into law by no less than 35
564	of the states. The initial effective date shall be the later of
565	July 1, 2005, or upon enactment into law by the 35th
566	jurisdiction. Thereafter, it shall become effective and binding
567	as to any other compacting state upon enactment of the compact
568	into law by that state. The governors of nonmember states or
569	their designees shall be invited to participate in the
570	activities of the Interstate Commission on a nonvoting basis
571	prior to adoption of the compact by all states and territories
572	of the United States.
573	(3)  The Interstate Commission may propose amendments to
574	the compact for enactment by the compacting states. No amendment
575	shall become effective and binding upon the Interstate
576	Commission and the compacting states unless and until it is
577	enacted into law by unanimous consent of the compacting states.
578	ARTICLE XI
579	WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
580	ENFORCEMENT.-
581	Section A.  Withdrawal.-
582	(1)  Once effective, the compact shall continue in force
583	and remain binding upon each and every compacting state;
584	provided that a compacting state may withdraw from the compact
585	by specifically repealing the statute that enacted the compact
586	into law.
587	(2)  The effective date of withdrawal is the effective date
588	of the repeal.
589	(3)  The withdrawing state shall immediately notify the
590	chairperson of the Interstate Commission in writing upon the
591	introduction of legislation repealing this compact in the
592	withdrawing state. The Interstate Commission shall notify the
593	other compacting states of the withdrawing state's intent to
594	withdraw within 60 days after its receipt thereof.
595	(4)  The withdrawing state is responsible for all
596	assessments, obligations, and liabilities incurred through the
597	effective date of withdrawal, including any obligations the
598	performance of which extends beyond the effective date of
599	withdrawal.
600	(5)  Reinstatement following withdrawal of any compacting
601	state shall occur upon the withdrawing state's reenacting the
602	compact or upon such later date as determined by the Interstate
603	Commission.
604	Section B.  Technical assistance, fines, suspension,
605	termination, and default.-
606	(1)  If the Interstate Commission determines that any
607	compacting state has at any time defaulted in the performance of
608	any of its obligations or responsibilities under this compact,
609	or the bylaws or duly adopted rules, the Interstate Commission
610	may impose any or all of the following penalties:
611	(a)  Remedial training and technical assistance as directed
612	by the Interstate Commission;
613	(b)  Alternative dispute resolution;
614	(c)  Fines, fees, and costs in such amounts as are deemed
615	to be reasonable as fixed by the Interstate Commission; or
616	(d)  Suspension or termination of membership in the
617	compact, which shall be imposed only after all other reasonable
618	means of securing compliance under the bylaws and rules have
619	been exhausted and the Interstate Commission has therefore
620	determined that the offending state is in default. Immediate
621	notice of suspension shall be given by the Interstate Commission
622	to the Governor, the Chief Justice or the Chief Judicial Officer
623	of the state, the majority and the minority leaders of the
624	defaulting state's legislature, and the state council. The
625	grounds for default include, but are not limited to, failure of
626	a compacting state to perform such obligations or
627	responsibilities imposed upon it by this compact, the bylaws, or
628	duly adopted rules and any other ground designated in commission
629	bylaws and rules. The Interstate Commission shall immediately
630	notify the defaulting state in writing of the penalty imposed by
631	the Interstate Commission and of the default pending a cure of
632	the default. The commission shall stipulate the conditions and
633	the time period within which the defaulting state must cure its
634	default. If the defaulting state fails to cure the default
635	within the period specified by the commission, the defaulting
636	state shall be terminated from the compact upon an affirmative
637	vote of a majority of the compacting states and all rights,
638	privileges, and benefits conferred by this compact shall be
639	terminated from the effective date of termination.
640	(2)  Within 60 days after the effective date of termination
641	of a defaulting state, the Interstate Commission shall notify
642	the Governor, the Chief Justice or Chief Judicial Officer, the
643	majority and minority leaders of the defaulting state's
644	legislature, and the state council of such termination.
645	(3)  The defaulting state is responsible for all
646	assessments, obligations, and liabilities incurred through the
647	effective date of termination, including any obligations the
648	performance of which extends beyond the effective date of
649	termination.
650	(4)  The Interstate Commission shall not bear any costs
651	relating to the defaulting state unless otherwise mutually
652	agreed upon in writing between the Interstate Commission and the
653	defaulting state.
654	(5)  Reinstatement following termination of any compacting
655	state requires both a reenactment of the compact by the
656	defaulting state and the approval of the Interstate Commission
657	pursuant to the rules.
658	Section C.  Judicial enforcement.-The Interstate Commission
659	may, by majority vote of the members, initiate legal action in
660	the United States District Court for the District of Columbia
661	or, at the discretion of the Interstate Commission, in the
662	federal district where the Interstate Commission has its
663	offices, to enforce compliance with the provisions of the
664	compact and its duly adopted rules and bylaws against any
665	compacting state in default. In the event judicial enforcement
666	is necessary, the prevailing party shall be awarded all costs of
667	such litigation, including reasonable attorney's fees.
668	Section D.  Dissolution of compact.-
669	(1)  The compact dissolves effective upon the date of the
670	withdrawal or default of the compacting state which reduces
671	membership in the compact to one compacting state.
672	(2)  Upon the dissolution of the compact, the compact
673	becomes null and void and shall be of no further force or
674	effect, the business and affairs of the Interstate Commission
675	shall be concluded, and any surplus funds shall be distributed
676	in accordance with the bylaws.
677	ARTICLE XII
678	SEVERABILITY AND CONSTRUCTION.-
679	(1)  The provisions of this compact are severable, and if
680	any phrase, clause, sentence, or provision is deemed
681	unenforceable, the remaining provisions of the compact shall be
682	enforceable.
683	(2)  The provisions of this compact shall be liberally
684	construed to effectuate its purposes.
685	ARTICLE XIII
686	BINDING EFFECT OF COMPACT AND OTHER LAWS.-
687	Section A.  Other laws.-
688	(1)  Nothing herein prevents the enforcement of any other
689	law of a compacting state which is not inconsistent with this
690	compact.
691	(2)  All compacting states' laws other than state
692	constitutions and other interstate compacts conflicting with
693	this compact are superseded to the extent of the conflict.
694	Section B.  Binding effect of the compact.-
695	(1)  All lawful actions of the Interstate Commission,
696	including all rules and bylaws adopted by the Interstate
697	Commission, are binding upon the compacting states.
698	(2)  All agreements between the Interstate Commission and
699	the compacting states are binding in accordance with their
700	terms.
701	(3)  Upon the request of a party to a conflict over meaning
702	or interpretation of Interstate Commission actions, and upon a
703	majority vote of the compacting states, the Interstate
704	Commission may issue advisory opinions regarding such meaning or
705	interpretation.
706	(4)  In the event any provision of this compact exceeds the
707	constitutional limits imposed on any compacting state, the
708	obligations, duties, powers, or jurisdiction sought to be
709	conferred by such provision upon the Interstate Commission shall
710	be ineffective and such obligations, duties, powers, or
711	jurisdiction shall remain in the compacting state and shall be
712	exercised by the agency thereof to which such obligations,
713	duties, powers, or jurisdiction are delegated by law in effect
714	at the time this compact becomes effective.
715	Section 2.  Notwithstanding the repeal of this section by
716	section 4 of chapter 2005-80, Laws of Florida, effective 2 years
717	after the effective date of the act, section 985.8025, Florida
718	Statutes, is reenacted to read:
719	985.8025  State Council for Interstate Juvenile Offender
720	Supervision.-
721	(1)  Pursuant to Article IX of the Interstate Compact for
722	Juveniles in s. 985.802, the State Council for Interstate
723	Juvenile Offender Supervision is created. The purpose of the
724	council is to oversee state participation in the activities of
725	the Interstate Commission for Juveniles.
726	(2)  The council shall consist of seven members and the
727	secretary of the Department of Juvenile Justice or his or her
728	designee, who shall serve as the chair of the council and may
729	vote only to break a tie. The compact administrator or his or
730	her designee and the executive director of the Department of Law
731	Enforcement or his or her designee shall serve as members of the
732	council. The remaining members shall be appointed by the
733	Governor for terms of 4 years; however, the Governor may, in
734	writing and on an individual basis for each appointee, delegate
735	the power of appointment to the Secretary of Juvenile Justice.
736	Of the initial appointees, one shall be appointed for a term of
737	1 year, one shall be appointed for a term of 2 years, one shall
738	be appointed for a term of 3 years, and two shall be appointed
739	for terms of 4 years each.
740	(3)  Appointees shall be selected from individuals with
741	personal or professional experience in the juvenile justice
742	system and may include a victim's advocate, employees of the
743	Department of Children and Family Services, employees of the
744	Department of Law Enforcement who work with missing and
745	exploited children, and a parent who, at the time of
746	appointment, does not have a child involved in the juvenile
747	justice system.
748	(4)  Council members shall serve without compensation, but
749	they are entitled to reimbursement for per diem and travel
750	expenses as provided in s. 112.061.
751	(5)  The provisions of s. 24, Art. I of the State
752	Constitution and of chapter 119 and s. 286.011 apply to
753	proceedings and records of the council. Minutes, including a
754	record of all votes cast, must be maintained for all meetings.
755	(6)  If the council is abolished, its records must be
756	appropriately stored, within 30 days after the effective date of
757	its abolition, by the Department of Juvenile Justice or its
758	successor agency. Any property assigned to the council must be
759	reclaimed by the department or its successor agency. The council
760	may not perform any activities after the effective date of its
761	abolition.
762	Section 3.  This act shall take effect upon becoming a law.

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