Florida Senate - 2023                                    SB 1446
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00913A-23                                           20231446__
    1                        A bill to be entitled                      
    2         An act relating to the interstate education compacts;
    3         creating s. 1012.993, F.S.; creating the Interstate
    4         Teacher Mobility Compact; providing the purpose and
    5         objectives of and definitions for the compact;
    6         providing requirements for the licensure of teachers
    7         in member states who hold specified licenses in other
    8         member states; providing requirements for teachers,
    9         including career and technical education teachers, who
   10         are licensed in one member state to become licensed in
   11         another member state; providing requirements for
   12         licensed teachers who are also eligible military
   13         spouses; providing requirements for the renewal of
   14         such licenses in the member state to which a teacher
   15         transferred his or her license; providing
   16         applicability; authorizing member states to require
   17         additional information for the purpose of determining
   18         teacher compensation; providing construction;
   19         providing requirements for licensure in a member
   20         state; providing requirements for the investigation or
   21         imposition of disciplinary measures and adverse
   22         actions for teachers; providing for the sharing and
   23         protection of certain information between member
   24         states; establishing the Interstate Teacher Mobility
   25         Compact Commission; providing the purpose of the
   26         commission; providing requirements for the membership
   27         and meetings of the commission; providing for the
   28         removal or suspension of commissioners; providing
   29         requirements, powers, and duties of the commission;
   30         authorizing the commission to adopt bylaws and rules;
   31         establishing the executive committee of the
   32         commission; providing for the membership and meetings
   33         of the executive committee; providing the duties and
   34         responsibilities of the committee; providing
   35         requirements for commission meetings; requiring the
   36         commission to keep specified records and minutes;
   37         requiring the commission to pay specified expenses;
   38         authorizing the commission to accept specified
   39         donations and grants; authorizing the commission to
   40         levy and collect annual assessments from member states
   41         or to impose fees on other parties for a specified
   42         purpose; prohibiting the commission from incurring
   43         specified obligations; providing specified immunity to
   44         certain individuals; providing exceptions; requiring
   45         the commission to defend specified individuals under
   46         certain circumstances; requiring the commission to
   47         indemnify certain individuals; providing exceptions;
   48         providing requirements for commission rules; providing
   49         requirements for the exchange of specified information
   50         between member states; providing requirements for the
   51         oversight of the commission and member states;
   52         providing for the resolution of disputes through
   53         specified means, including specified judicial
   54         proceedings; requiring courts and administrative
   55         agencies of member states to take judicial notice of
   56         the compact, commission rules, and certain
   57         information; providing requirements for the commission
   58         and member states when a member state has defaulted in
   59         its compliance with the compact; providing
   60         requirements for notice to such member states and
   61         other member states; providing requirements for member
   62         states that fail to cure such defaults; providing
   63         requirements for the termination of the compact for
   64         such member states; providing requirements for member
   65         states whose participation in the compact is
   66         terminated; providing requirements for the commission
   67         and member states relating to the resolution of
   68         certain disputes; providing requirements for the
   69         effectuation of the compact; providing requirements
   70         for the effectuation of certain rules and bylaws on
   71         member states; providing requirements for the
   72         withdrawal of member states from the compact;
   73         providing for construction and severability of the
   74         compact; providing for the consistent application of
   75         the compact in member states; providing that certain
   76         agreements are binding; amending s. 1000.36, F.S.;
   77         updating a cross-reference within the Interstate
   78         Compact on Educational Opportunity for Military
   79         Children; providing an effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Section 1012.993, Florida Statutes, is created
   84  to read:
   85         1012.993Interstate Teacher Mobility Compact.—The Governor
   86  is authorized and directed to execute the Interstate Teacher
   87  Mobility Compact on behalf of this state with any other state or
   88  states legally joining therein in the form substantially as
   89  follows:
   90  
   91                              ARTICLE I                            
   92                               PURPOSE                             
   93  
   94         The purpose of this compact is to facilitate the mobility
   95  of teachers across the member states with the goal of supporting
   96  teachers through a new pathway to licensure. Through this
   97  compact, the member states seek to establish a collective
   98  regulatory framework which expedites and enhances the ability of
   99  teachers from a variety of backgrounds to move across state
  100  lines. This compact is intended to achieve the following
  101  objectives and should be interpreted accordingly. The member
  102  states hereby ratify the same intentions by subscribing hereto:
  103         (1)Create a streamlined pathway to licensure mobility for
  104  teachers;
  105         (2)Support the relocation of eligible military spouses;
  106         (3)Facilitate and enhance the exchange of licensure,
  107  investigative, and disciplinary information between the member
  108  states;
  109         (4)Enhance the power of state and district level education
  110  officials to hire qualified, competent teachers by removing
  111  barriers to the employment of out-of-state teachers;
  112         (5)Support the retention of teachers in the profession by
  113  removing barriers to relicensure in a new state; and
  114         (6)Maintain state sovereignty in the regulation of the
  115  teaching profession.
  116  
  117                             ARTICLE II                            
  118                             DEFINITIONS                           
  119  
  120         As used in this compact, and except as otherwise provided,
  121  the following definitions shall govern the terms herein:
  122         (1)“Active military member” means any person with a full
  123  time duty status in the uniformed armed services of the United
  124  States, including members of the National Guard and Reserve.
  125         (2)“Adverse action” means any limitation or restriction
  126  imposed by a member state’s licensing authority, including the
  127  revocation, suspension, reprimand, probation, or limitation on
  128  the licensee’s ability to work as a teacher.
  129         (3)“Bylaws” means the bylaws established by the
  130  commission.
  131         (4)“Career and technical education license” means a
  132  current, valid authorization issued by a member state’s
  133  licensing authority allowing an individual to serve as a teacher
  134  in K-12 public educational settings in a specific career and
  135  technical education area.
  136         (5)“Commissioner” means the delegate of a member state.
  137         (6)“Eligible license” means a license to engage in the
  138  teaching profession which requires at least a bachelor’s degree
  139  and the completion of a state approved program for teacher
  140  licensure.
  141         (7)“Eligible military spouse” means the spouse of any
  142  individual in full-time duty status in the active uniformed
  143  service of the United States, including members of the National
  144  Guard and Reserve on active duty moving as a result of military
  145  mission or military career progression requirements, or are on
  146  their terminal move as a result of separation or retirement,
  147  including surviving spouses of deceased military members.
  148         (8)“Executive committee” means a group of commissioners
  149  elected or appointed to act on behalf of, and within the powers
  150  granted to them by, the commission as provided herein.
  151         (9)“Licensing authority” means an official, agency, board,
  152  or other entity of a state that is responsible for the licensing
  153  and regulation of teachers authorized to teach in K-12 public
  154  educational settings.
  155         (10)“Member state” means any state that has adopted this
  156  compact, including all agencies and officials of such a state.
  157         (11)“Receiving state” means any state where a teacher has
  158  applied for licensure under this compact.
  159         (12)“Rule” means any regulation adopted by the commission
  160  under this compact which shall have the force of law in each
  161  member state.
  162         (13)“State” means a state, territory, or possession of the
  163  United States and the District of Columbia.
  164         (14)“State practice laws” means a member state’s laws,
  165  rules, and regulations that govern the teaching profession,
  166  define the scope of such profession, and create the method and
  167  grounds for imposing discipline.
  168         (15)“Teacher” means an individual who currently holds an
  169  authorization from a member state which forms the basis for
  170  employment in the K-12 public schools of the state to provide
  171  instruction in a specific subject area, grade level, or student
  172  population.
  173         (16)“Unencumbered license” means a current, valid
  174  authorization issued by a member state’s licensing authority
  175  allowing an individual to serve as a teacher in K-12 public
  176  education settings. An unencumbered license is not a restricted,
  177  probationary, provisional, substitute, or temporary credential.
  178  
  179                             ARTICLE III                           
  180                     LICENSURE UNDER THE COMPACT                   
  181  
  182         (1)Licensure under this compact pertains only to the
  183  initial grant of a license by the receiving state. Nothing
  184  herein applies to any subsequent or ongoing compliance
  185  requirements that a receiving state might require for teachers.
  186         (2)Each member state shall, in accordance with rules of
  187  the commission, define, compile, and update, as necessary, a
  188  list of eligible licenses and career and technical education
  189  licenses that the member state is willing to consider for
  190  equivalency under this compact and provide the list to the
  191  commission. The list shall include those licenses that a
  192  receiving state is willing to grant teachers from other member
  193  states, pending a determination of equivalency by the receiving
  194  state’s licensing authority.
  195         (3)Upon the receipt of an application for licensure by a
  196  teacher holding an unencumbered license, the receiving state
  197  shall determine which of the receiving state’s eligible licenses
  198  the teacher is qualified to hold and shall grant such a license
  199  or licenses to the applicant. Such a determination shall be made
  200  in the sole discretion of the receiving state’s licensing
  201  authority and may include a determination that the applicant is
  202  not eligible for any of the receiving state’s licenses. For all
  203  teachers who hold an unencumbered license, the receiving state
  204  shall grant one or more unencumbered licenses that, in the
  205  receiving state’s sole discretion, are equivalent to the license
  206  held by the teacher in any other member state.
  207         (4)For active duty military members and eligible military
  208  spouses who hold a license that is not unencumbered, the
  209  receiving state shall grant an equivalent license or licenses
  210  that, in the receiving state’s sole discretion, is equivalent to
  211  the license or licenses held by the teacher in any other member
  212  state, except where the receiving state does not have an
  213  equivalent license.
  214         (5)For a teacher holding an unencumbered career and
  215  technical education license, the receiving state shall grant an
  216  unencumbered license equivalent to the career and technical
  217  education license held by the applying teacher and issued by
  218  another member state, as determined by the receiving state in
  219  its sole discretion, except where a career and technical
  220  education teacher does not hold a bachelor’s degree and the
  221  receiving state requires a bachelor’s degree for licenses to
  222  teach career and technical education. A receiving state may
  223  require career and technical education teachers to meet state
  224  industry recognized requirements, if required by law in the
  225  receiving state.
  226  
  227                             ARTICLE IV                            
  228                   LICENSURE NOT UNDER THE COMPACT                 
  229  
  230         (1)Except as provided in Article III, nothing in this
  231  compact shall be construed to limit or inhibit the power of a
  232  member state to regulate licensure or endorsements overseen by
  233  the member state’s licensing authority.
  234         (2)When a teacher is required to renew a license received
  235  pursuant to this compact, the state granting such a license may
  236  require the teacher to complete state-specific requirements as a
  237  condition of licensure renewal or advancement in that state.
  238         (3)For purposes of determining compensation, a receiving
  239  state may require additional information from teachers receiving
  240  a license under the provisions of this compact.
  241         (4)Nothing in this compact shall be construed to limit the
  242  power of a member state to control and maintain ownership of its
  243  information pertaining to teachers or limit the application of a
  244  member state’s laws or regulations governing the ownership, use,
  245  or dissemination of information pertaining to teachers.
  246         (5)Nothing in this compact shall be construed to
  247  invalidate or alter any existing agreement or other cooperative
  248  arrangement which a member state may already be a party to or
  249  limit the ability of a member state to participate in any future
  250  agreement or other cooperative arrangement to:
  251         (a)Award teaching licenses or other benefits based on
  252  additional professional credentials, including, but not limited
  253  to, the National Board Certification;
  254         (b)Participate in the exchange of names of teachers whose
  255  licenses have been subject to adverse actions by a member state;
  256  or
  257         (c)Participate in any agreement or cooperative arrangement
  258  with a nonmember state.
  259  
  260                              ARTICLE V                            
  261   TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE UNDER THE 
  262                               COMPACT                             
  263  
  264         (1)Except as provided for active military members or
  265  eligible military spouses under subsection (4) of Article III, a
  266  teacher may be eligible to receive a license under this compact
  267  only where that teacher holds an unencumbered license in a
  268  member state.
  269         (2)A teacher eligible to receive a license under this
  270  compact shall, unless otherwise provided herein:
  271         (a)Upon their application to receive a license under this
  272  compact, undergo a criminal background check in the receiving
  273  state in accordance with the laws and regulations of the
  274  receiving state; and
  275         (b)Provide the receiving state with information in
  276  addition to the information required for licensure for the
  277  purposes of determining compensation, if applicable.
  278  
  279                             ARTICLE VI                            
  280                   DISCIPLINE AND ADVERSE ACTIONS                  
  281  
  282         Nothing in this compact shall be deemed or construed to
  283  limit the authority of a member state to investigate or impose
  284  disciplinary measures on teachers according to the state
  285  practice laws thereof.
  286  
  287                             ARTICLE VII                           
  288      ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY COMPACT     
  289                             COMMISSION                            
  290  
  291         (1)The interstate compact member states hereby create and
  292  establish a joint public agency known as the Interstate Teacher
  293  Mobility Compact Commission.
  294         (a)The commission is a joint interstate governmental
  295  agency comprised of states that have enacted the Interstate
  296  Teacher Mobility Compact.
  297         (b)Nothing in this compact shall be construed to be a
  298  waiver of sovereign immunity.
  299         (2)(a)Each member state shall have and be limited to one
  300  delegate to the commission, who shall be given the title of
  301  commissioner.
  302         (b)The commissioner shall be the primary administrative
  303  officer of the state licensing authority or their designee.
  304         (c)Any commissioner may be removed or suspended from
  305  office as provided by the law of the state from which the
  306  commissioner is appointed.
  307         (d)The member state shall fill any vacancy occurring in
  308  the commission within 90 days.
  309         (e)Each commissioner shall be entitled to one vote about
  310  the adoption of rules and creation of bylaws and shall otherwise
  311  have an opportunity to participate in the business and affairs
  312  of the commission. A commissioner shall vote in person or by
  313  such other means as provided in the bylaws. The bylaws may
  314  provide for commissioners’ participation in meetings by
  315  telephone or other means of communication.
  316         (f)The commission shall meet at least once during each
  317  calendar year. Additional meetings shall be held as set forth in
  318  the bylaws.
  319         (g)The commission shall establish by rule a term of office
  320  for commissioners.
  321         (3)The commission shall have the following powers and
  322  duties:
  323         (a)Establish a code of ethics for the commission.
  324         (b)Establish a fiscal year of the commission.
  325         (c)Establish bylaws for the commission.
  326         (d)Maintain its financial records in accordance with the
  327  bylaws of the commission.
  328         (e)Meet and take such actions as are consistent with the
  329  provisions of this compact, the bylaws, and rules of the
  330  commission.
  331         (f)Adopt uniform rules to implement and administer this
  332  compact. The rules shall have the force and effect of law and
  333  shall be binding in all member states. In the event the
  334  commission exercises its rulemaking authority in a manner that
  335  is beyond the scope of the purposes of this compact, or the
  336  powers granted hereunder, then such an action by the commission
  337  shall be invalid and have no force and effect of law.
  338         (g)Bring and prosecute legal proceedings or actions in the
  339  name of the commission, provided that the standing of any member
  340  state licensing authority to sue or be sued under applicable law
  341  shall not be affected.
  342         (h)Purchase and maintain insurance and bonds.
  343         (i)Borrow, accept, or contract for services of personnel,
  344  including, but not limited to, employees of a member state or an
  345  associated nongovernmental organization that is open to
  346  membership by all states.
  347         (j)Hire employees, elect or appoint officers, fix
  348  compensation, define duties, grant such individuals appropriate
  349  authority to carry out the purposes of this compact, and
  350  establish the commission’s personnel policies and programs
  351  relating to conflicts of interest, qualifications of personnel,
  352  and other related personnel matters.
  353         (k)Lease, purchase, accept appropriate gifts or donations
  354  of, or otherwise own, hold, improve, or use, any property, real,
  355  personal, or mixed, provided that at all times the commission
  356  shall avoid any appearance of impropriety.
  357         (l)Sell, convey, mortgage, pledge, lease, exchange,
  358  abandon, or otherwise dispose of any property real, personal, or
  359  mixed.
  360         (m)Establish a budget and make expenditures.
  361         (n)Borrow money.
  362         (o)Appoint committees, including standing committees
  363  composed of members and such other interested persons as may be
  364  designated in this interstate compact, rules, or bylaws.
  365         (p)Provide and receive information from, and cooperate
  366  with, law enforcement agencies.
  367         (q)Establish and elect an executive committee.
  368         (r)Establish and develop a charter for an executive
  369  information governance committee to advise on facilitating the
  370  exchange of information, the use of information, data privacy,
  371  and technical support needs and provide reports as needed.
  372         (s)Perform such other functions as may be necessary or
  373  appropriate to achieve the purposes of this compact consistent
  374  with the state regulation of teacher licensure.
  375         (t)Determine whether a state’s adopted language is
  376  materially different from the model compact language such that
  377  the state would not qualify for participation in the compact.
  378         (4)(a)The executive committee shall have the power to act
  379  on behalf of the commission according to the terms of this
  380  compact.
  381         (b)The executive committee shall be composed of eight
  382  voting members as follows:
  383         1.The chair of the commission.
  384         2.The vice chair of the commission.
  385         3.The treasurer of the commission.
  386         4.Five members who are elected by the commission from the
  387  current membership as follows:
  388         a.Four voting members representing geographic regions in
  389  accordance with commission rules.
  390         b.One at-large voting member in accordance with commission
  391  rules.
  392         (c)The commission may add or remove members of the
  393  executive committee as provided in commission rules.
  394         (d)The executive committee shall meet at least once
  395  annually.
  396         (e)The executive committee shall have the following duties
  397  and responsibilities:
  398         1.Recommend to the entire commission changes to the rules
  399  or bylaws, changes to the compact legislation, and fees paid by
  400  interstate compact member states such as annual dues and any
  401  compact fee charged by the member states on behalf of the
  402  commission.
  403         2.Ensure commission administration services are
  404  appropriately provided, contractual or otherwise.
  405         3.Prepare and recommend the budget.
  406         4.Maintain financial records on behalf of the commission.
  407         5.Monitor compliance of member states and provide reports
  408  to the commission.
  409         6.Perform other duties as provided in the rules or bylaws.
  410         (5)(a)All meetings of the commission shall be open to the
  411  public, and public notice of meetings shall be given in
  412  accordance with commission bylaws.
  413         (b)The commission shall keep minutes of commission
  414  meetings and shall provide a full and accurate summary of
  415  actions taken, and the reasons thereof, including a description
  416  of the views expressed. All documents considered in connection
  417  with an action shall be identified in such minutes.
  418         (6)(a)The commission shall pay, or provide for the payment
  419  of, the reasonable expenses of its establishment, organization,
  420  and ongoing activities.
  421         (b)The commission may accept all appropriate donations and
  422  grants of money, equipment, supplies, materials, and services,
  423  and receive, utilize, and dispose of the same, provided that at
  424  all times the commission shall avoid any appearance of
  425  impropriety or conflicts of interest.
  426         (c)The commission may levy on and collect an annual
  427  assessment from each member state or impose fees on other
  428  parties to cover the cost of the operations and activities of
  429  the commission, in accordance with the rules of the commission.
  430         (d)The commission shall not incur obligations of any kind
  431  prior to securing the funds adequate to meet the same; nor shall
  432  the commission pledge the credit of any of the member states,
  433  except by and with the authority of the member state.
  434         (e)The commission shall keep accurate accounts of all
  435  receipts and disbursements. The receipts and disbursements of
  436  the commission shall be subject to all accounting procedures
  437  established under the commission bylaws. All receipts and
  438  disbursements of funds of the commission shall be reviewed
  439  annually in accordance with commission bylaws, and a report of
  440  the review shall be included in and become part of the annual
  441  report of the commission.
  442         (7)(a)The members, officers, executive director,
  443  employees, and representatives of the commission shall be immune
  444  from suit and liability, either personally or in their official
  445  capacity, for any claim for damage to or loss of property or
  446  personal injury or other civil liability caused by or arising
  447  out of any actual or alleged act, error, or omission that
  448  occurred or that the person against whom the claim is made had a
  449  reasonable basis for believing occurred within the scope of
  450  commission employment, duties, or responsibilities. Nothing in
  451  this paragraph shall be construed to protect any such person
  452  from suit or liability for any damage, loss, injury, or
  453  liability caused by the intentional, willful, or wanton
  454  misconduct of that person.
  455         (b)The commission shall defend any member, officer,
  456  executive director, employee, or representative of the
  457  commission in any civil action seeking to impose liability
  458  arising out of any actual or alleged act, error, or omission
  459  that occurred within the scope of commission employment, duties,
  460  or responsibilities or that the person against whom the claim is
  461  made had a reasonable basis for believing occurred within the
  462  scope of commission employment, duties, or responsibilities.
  463  Nothing in this paragraph shall be construed to prohibit that
  464  person from retaining his or her own counsel and provide further
  465  that the actual or alleged act, error, or omission did not
  466  result from the person’s intentional, willful, or wanton
  467  misconduct.
  468         (c)The commission shall indemnify and hold harmless any
  469  member, officer, executive director, employee, or representative
  470  of the commission for the amount of any settlement or judgement
  471  obtained against that person arising out of any actual or
  472  alleged act, error, or omission that occurred within the scope
  473  of commission employment, duties, or responsibilities, or that
  474  such person had a reasonable basis for believing occurred within
  475  the scope of commission employment, duties, or responsibilities,
  476  provided the actual or alleged act, error, or omission did not
  477  result from the intentional, willful, or wanton misconduct of
  478  that person.
  479  
  480                            ARTICLE VIII                           
  481                             RULEMAKING                            
  482  
  483         (1)The commission shall exercise its rulemaking powers
  484  pursuant to the criteria set forth in this compact and the rules
  485  adopted thereunder. Rules and amendments shall become binding as
  486  of the date specified in each rule or amendment.
  487         (2)The commission shall adopt reasonable rules to achieve
  488  the intent and purpose of this compact. In the event the
  489  commission exercises its rulemaking authority in a manner that
  490  is beyond the purpose and intent of this compact, or the powers
  491  granted hereunder, then such action by the commission shall be
  492  invalid and have no force and effect of law in the member
  493  states.
  494         (3)If a majority of the legislatures of the member states
  495  rejects a rule, by enactment of a statute or resolution in the
  496  same manner used to adopt this compact within 4 years of the
  497  date of the adoption of the rule, then such rule shall have no
  498  further force and effect in any member state.
  499         (4)Rules or amendments to the rules shall be adopted or
  500  ratified at a regular or special meeting of the commission in
  501  accordance with the commission’s rules and bylaws.
  502         (5)Upon a determination that an emergency exists, the
  503  commission may consider and adopt an emergency rule with 48
  504  hours’ notice, with opportunity for comment, provided the usual
  505  rulemaking procedures shall be retroactively applied to the rule
  506  as soon as reasonably possible, in no event later than 90 days
  507  after the effective date of the rule. For the purposes of this
  508  subsection, an emergency rule is one that must be adopted
  509  immediately to:
  510         (a)Meet an imminent threat to the public health, safety,
  511  or welfare;
  512         (b)Prevent a loss of commission or member state funds;
  513         (c)Meet a deadline for the adoption of an administrative
  514  rule that is established by federal law or rule; or
  515         (d)Protect the public health or safety.
  516  
  517                             ARTICLE IX                            
  518              FACILITATING THE EXCHANGE OF INFORMATION             
  519  
  520         (1)The commission shall provide for facilitating the
  521  exchange of information to administer and implement the
  522  provisions of this compact in accordance with the rules of the
  523  commission, consistent with generally accepted data protection
  524  principles.
  525         (2)Nothing in this compact shall be deemed or construed to
  526  alter, limit, or inhibit the power of a member state to control
  527  and maintain ownership of its licensee information or alter,
  528  limit, or inhibit the laws or regulations governing licensee
  529  information in member states.
  530  
  531                              ARTICLE X                            
  532           OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT          
  533  
  534         (1)(a)The executive and judicial branches of state
  535  government in each member state shall enforce this compact and
  536  take all actions necessary and appropriate to effectuate this
  537  compact’s purpose and intent. The provisions of this compact
  538  shall have standing as statutory law.
  539         (b)Venue is proper and judicial proceedings by or against
  540  the commission shall be brought solely and exclusively in a
  541  court of competent jurisdiction where the principal office of
  542  the commission is located. The commission may waive venue and
  543  jurisdictional defenses to the extent it adopts or consents to
  544  participate in alternative dispute resolution proceedings.
  545  Nothing herein shall affect or limit the selection or propriety
  546  of venue in any action against a licensee for professional
  547  malpractice, misconduct, or any such similar matter.
  548         (c)All courts and all administrative agencies shall take
  549  judicial notice of this compact, the rules of the commission,
  550  and any information provided to a member state pursuant thereto
  551  in any judicial or quasi-judicial proceeding in a member state
  552  pertaining to the subject matter of this compact, or which may
  553  affect the powers, responsibilities, or actions of the
  554  commission.
  555         (d)The commission shall be entitled to receive service of
  556  process in any proceeding regarding the enforcement or
  557  interpretation of this compact and shall have standing to
  558  intervene in such a proceeding for all purposes. Failure to
  559  provide the commission service of process shall render a
  560  judgement or order void as to the commission, this compact, or
  561  adopted rules.
  562         (2)(a)If the commission determines that a member state has
  563  defaulted in the performance of its obligations or
  564  responsibilities under this compact or the adopted rules, the
  565  commission shall:
  566         1.Provide written notice to the defaulting state and other
  567  member states of the nature of the default, the proposed means
  568  of curing the default, and any other action to be taken by the
  569  commission; and
  570         2.Provide remedial training and specific technical
  571  assistance regarding the default.
  572         (b)If a state in default fails to cure the default, the
  573  defaulting state may be terminated from this compact upon an
  574  affirmative vote of a majority of the commissioners of the
  575  member states, and all rights, privileges, and benefits
  576  conferred on that state by this compact may be terminated on the
  577  effective date of termination. A cure of the default does not
  578  relieve the offending state of obligations or liabilities
  579  incurred during the period of default.
  580         (c)Termination of membership in the compact shall be
  581  imposed only after all other means of securing compliance have
  582  been exhausted. Notice of intent to suspend or terminate shall
  583  be given by the commission to the Governor, the Majority and
  584  Minority Leaders of the State Legislature, and the state
  585  licensing authority of the defaulting state and to each of the
  586  member states.
  587         (d)A state that has been terminated is responsible for all
  588  assessments, obligations, and liabilities incurred through the
  589  effective date of termination, including obligations that extend
  590  beyond the effective date of termination.
  591         (e)The commission shall not bear any costs related to a
  592  state that is found to be in default or that has been terminated
  593  from this compact unless agreed upon in writing between the
  594  commission and the defaulting state.
  595         (f)Nothing in this compact shall be construed to be a
  596  waiver of sovereign immunity.
  597         (g)The defaulting state may appeal the action of the
  598  commission by petitioning the United States District Court for
  599  the District of Columbia or the federal district where the
  600  commission has its principal offices. The prevailing party shall
  601  be awarded all costs of such litigation, including reasonable
  602  attorney fees.
  603         (h)1.Upon the request of a member state, the commission
  604  shall attempt to resolve disputes related to this compact that
  605  arise among member states and between member and nonmember
  606  states.
  607         2.The commission shall adopt a rule providing for both
  608  binding and nonbinding alternative dispute resolution for
  609  disputes as appropriate.
  610         (i)1.The commission, in the reasonable exercise of its
  611  discretion, shall enforce the provisions and rules of this
  612  compact.
  613         2.By a majority vote, the commission may initiate legal
  614  action in the United States District Court for the District of
  615  Columbia or the federal district where the commission has its
  616  principal offices against a member state in default to enforce
  617  compliance with the provisions of this compact and its adopted
  618  rules and bylaws. The relief sought may include both injunctive
  619  relief and damages. In the event judicial enforcement is
  620  necessary, the prevailing party shall be awarded all costs of
  621  such litigation, including reasonable attorney fees. The
  622  remedies herein shall not be the exclusive remedies of the
  623  commission. The commission may pursue any other remedies
  624  available under federal or state law.
  625  
  626                             ARTICLE XI                            
  627               EFFECTUATION, WITHDRAWAL, AND AMENDMENT             
  628  
  629         (1)This compact shall come into effect on the date on
  630  which the compact statute is enacted into law in the tenth
  631  member state.
  632         (a)On or after the effective date of this compact, the
  633  commission shall convene and review the enactment of each of the
  634  charter member states to determine if the statute enacted by
  635  such charter member state is materially different from the model
  636  compact statute.
  637         (b)A charter member state whose enactment is found to be
  638  materially different from the model compact statute shall be
  639  entitled to the default process set forth in Article X.
  640         (c)Member states enacting the compact subsequent to the
  641  charter member states shall be subject to the process set forth
  642  in Article VII(X)(a) to determine if their enactments are
  643  materially different from the model compact statute and whether
  644  they qualify for participation in the compact.
  645         (2)If any member state is later found to be in default, or
  646  is terminated or withdraws from the compact, the commission
  647  shall remain in existence and the compact shall remain in effect
  648  even if the number of member states should be less than 10.
  649         (3)Any state that joins this compact after the
  650  commission’s initial adoption of the rules and bylaws shall be
  651  subject to the rules and bylaws as they exist on the date on
  652  which this compact becomes law in that state. Any rule that has
  653  been previously adopted by the commission shall have the full
  654  force and effect of law on the day this compact becomes law in
  655  that state, as the rules and bylaws may be amended as provided
  656  in this compact.
  657         (4)Any member state may withdraw from this compact by
  658  enacting a statute repealing the same.
  659         (a)A member state’s withdrawal shall not take effect until
  660  6 months after the enactment of the repealing statute.
  661         (b)Withdrawal shall not affect the continuing requirement
  662  of the withdrawing state’s licensing authority to comply with
  663  the investigative and adverse action reporting requirements of
  664  this act prior to the effective date of the withdrawal.
  665         (5)This compact may be amended by member states. No
  666  amendments to this compact shall become effective and binding
  667  upon any member state until it is enacted into the laws of all
  668  member states.
  669  
  670                             ARTICLE XII                           
  671                    CONSTRUCTION AND SEVERABILITY                  
  672  
  673         This compact shall be liberally construed to effectuate the
  674  purpose thereof. The provisions of this compact shall be
  675  severable, and if any phrase, clause, sentence, or provision of
  676  this compact is declared to be contrary to the constitution of
  677  any member state or a state seeking membership in this compact
  678  or the United States Constitution or the applicability thereof
  679  to any other government, agency, person, or circumstance is held
  680  invalid, the validity of the remainder of this compact and the
  681  applicability thereof to any government, agency, person, or
  682  circumstance shall not be effected. If this compact shall be
  683  held contrary to the Constitution of any member state, this
  684  compact shall remain in full force and effect as to the
  685  remaining member states and in full force and effect as to the
  686  member state affected as to all severable matters.
  687  
  688                            ARTICLE XIII                           
  689        CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS       
  690  
  691         (1)Nothing herein shall prevent or inhibit the enforcement
  692  of any other law of a member state that is not inconsistent with
  693  this compact.
  694         (2)Any laws, statutes, regulations, or other legal
  695  requirements in a member state in conflict with this compact are
  696  superseded to the extent of the conflict.
  697         (3)All permissible agreements between the commission and
  698  the member states are binding in accordance with their terms.
  699         Section 2. Articles II and III of section 1000.36, Florida
  700  Statutes, are amended to read:
  701         1000.36 Interstate Compact on Educational Opportunity for
  702  Military Children.—The Governor is authorized and directed to
  703  execute the Interstate Compact on Educational Opportunity for
  704  Military Children on behalf of this state with any other state
  705  or states legally joining therein in the form substantially as
  706  follows:
  707                  Interstate Compact on Educational                
  708                  Opportunity for Military Children                
  709                             ARTICLE II                            
  710         DEFINITIONS.—As used in this compact, unless the context
  711  clearly requires a different construction, the term:
  712         A. “Active duty” means the full-time duty status in the
  713  active uniformed service of the United States, including members
  714  of the National Guard and Reserve on active duty orders pursuant
  715  to 10 U.S.C. chapters 1209 and 1211 10 U.S.C. ss. 1209 and 1211.
  716         B. “Children of military families” means school-aged
  717  children, enrolled in kindergarten through 12th grade, in the
  718  household of an active-duty member.
  719         C. “Compact commissioner” means the voting representative
  720  of each compacting state appointed under Article VIII of this
  721  compact.
  722         D. “Deployment” means the period 1 month before the
  723  servicemembers’ departure from their home station on military
  724  orders through 6 months after return to their home station.
  725         E. “Educational records” or “education records” means those
  726  official records, files, and data directly related to a student
  727  and maintained by the school or local education agency,
  728  including, but not limited to, records encompassing all the
  729  material kept in the student’s cumulative folder such as general
  730  identifying data, records of attendance and of academic work
  731  completed, records of achievement and results of evaluative
  732  tests, health data, disciplinary status, test protocols, and
  733  individualized education programs.
  734         F. “Extracurricular activities” means a voluntary activity
  735  sponsored by the school or local education agency or an
  736  organization sanctioned by the local education agency.
  737  Extracurricular activities include, but are not limited to,
  738  preparation for and involvement in public performances,
  739  contests, athletic competitions, demonstrations, displays, and
  740  club activities.
  741         G. “Interstate Commission on Educational Opportunity for
  742  Military Children” means the commission that is created under
  743  Article IX of this compact, which is generally referred to as
  744  the Interstate Commission.
  745         H. “Local education agency” means a public authority
  746  legally constituted by the state as an administrative agency to
  747  provide control of, and direction for, kindergarten through 12th
  748  grade public educational institutions.
  749         I. “Member state” means a state that has enacted this
  750  compact.
  751         J. “Military installation” means a base, camp, post,
  752  station, yard, center, homeport facility for any ship, or other
  753  activity under the jurisdiction of the Department of Defense,
  754  including any leased facility, which is located within any of
  755  the several states, the District of Columbia, the Commonwealth
  756  of Puerto Rico, the United States Virgin Islands, Guam, American
  757  Samoa, the Northern Mariana Islands, and any other United States
  758  Territory. The term does not include any facility used primarily
  759  for civil works, rivers and harbors projects, or flood control
  760  projects.
  761         K. “Nonmember state” means a state that has not enacted
  762  this compact.
  763         L. “Receiving state” means the state to which a child of a
  764  military family is sent, brought, or caused to be sent or
  765  brought.
  766         M. “Rule” means a written statement by the Interstate
  767  Commission adopted under Article XII of this compact which is of
  768  general applicability, implements, interprets, or prescribes a
  769  policy or provision of the compact, or an organizational,
  770  procedural, or practice requirement of the Interstate
  771  Commission, and has the force and effect of statutory law in a
  772  member state, and includes the amendment, repeal, or suspension
  773  of an existing rule.
  774         N. “Sending state” means the state from which a child of a
  775  military family is sent, brought, or caused to be sent or
  776  brought.
  777         O. “State” means a state of the United States, the District
  778  of Columbia, the Commonwealth of Puerto Rico, the United States
  779  Virgin Islands, Guam, American Samoa, the Northern Mariana
  780  Islands, and any other United States Territory.
  781         P. “Student” means the child of a military family for whom
  782  the local education agency receives public funding and who is
  783  formally enrolled in kindergarten through 12th grade.
  784         Q. “Transition” means:
  785         1. The formal and physical process of transferring from
  786  school to school; or
  787         2. The period of time in which a student moves from one
  788  school in the sending state to another school in the receiving
  789  state.
  790         R. “Uniformed services” means the Army, Navy, Air Force,
  791  Space Force, Marine Corps, Coast Guard as well as the
  792  Commissioned Corps of the National Oceanic and Atmospheric
  793  Administration, and Public Health Services.
  794         S. “Veteran” means a person who served in the uniformed
  795  services and who was discharged or released therefrom under
  796  conditions other than dishonorable.
  797                             ARTICLE III                           
  798         APPLICABILITY.—
  799         A. Except as otherwise provided in Section C, this compact
  800  applies to the children of:
  801         1. Active duty members of the uniformed services, including
  802  members of the National Guard and Reserve on active-duty orders
  803  pursuant to 10 U.S.C. chapters 1209 and 1211 10 U.S.C. ss. 1209
  804  and 1211;
  805         2. Members or veterans of the uniformed services who are
  806  severely injured and medically discharged or retired for a
  807  period of 1 year after medical discharge or retirement; and
  808         3. Members of the uniformed services who die on active duty
  809  or as a result of injuries sustained on active duty for a period
  810  of 1 year after death.
  811         B. This interstate compact applies to local education
  812  agencies.
  813         C. This compact does not apply to the children of:
  814         1. Inactive members of the National Guard and military
  815  reserves;
  816         2. Members of the uniformed services now retired, except as
  817  provided in Section A;
  818         3. Veterans of the uniformed services, except as provided
  819  in Section A; and
  820         4. Other United States Department of Defense personnel and
  821  other federal agency civilian and contract employees not defined
  822  as active-duty members of the uniformed services.
  823         Section 3. This act shall take effect July 1, 2023.