Florida Senate - 2010                                    SB 1060
       
       
       
       By Senator Storms
       
       
       
       
       10-00544A-10                                          20101060__
    1                        A bill to be entitled                      
    2         An act relating to the Interstate Compact on
    3         Educational Opportunity for Military Children;
    4         repealing s. 5 of ch. 2008-225, Laws of Florida;
    5         abrogating the future repeal of ss. 1000.36, 1000.37,
    6         1000.38, and 1000.39, F.S., relating to the compact;
    7         amending s. 1000.36, F.S.; deleting provisions
    8         relating to the disclosure of information and records
    9         and the closure of meetings by the Interstate
   10         Commission on Educational Opportunity for Military
   11         Children; providing for future legislative review and
   12         repeal of the compact; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 5 of chapter 2008-225, Laws of Florida,
   17  is repealed.
   18         Section 2. Section 1000.36, Florida Statutes, is amended to
   19  read:
   20         1000.36 Interstate Compact on Educational Opportunity for
   21  Military Children.—The Governor is authorized and directed to
   22  execute the Interstate Compact on Educational Opportunity for
   23  Military Children on behalf of this state with any other state
   24  or states legally joining therein in the form substantially as
   25  follows:
   26                  Interstate Compact on Educational                
   27                  Opportunity for Military Children                
   28                              ARTICLE I                            
   29         PURPOSE.—It is the purpose of this compact to remove
   30  barriers to educational success imposed on children of military
   31  families because of frequent moves and deployment of their
   32  parents by:
   33         A. Facilitating the timely enrollment of children of
   34  military families and ensuring that they are not placed at a
   35  disadvantage due to difficulty in the transfer of education
   36  records from the previous school district or variations in
   37  entrance or age requirements.
   38         B. Facilitating the student placement process through which
   39  children of military families are not disadvantaged by
   40  variations in attendance requirements, scheduling, sequencing,
   41  grading, course content, or assessment.
   42         C. Facilitating the qualification and eligibility for
   43  enrollment, educational programs, and participation in
   44  extracurricular academic, athletic, and social activities.
   45         D. Facilitating the on-time graduation of children of
   46  military families.
   47         E. Providing for the adoption and enforcement of
   48  administrative rules implementing this compact.
   49         F. Providing for the uniform collection and sharing of
   50  information between and among member states, schools, and
   51  military families under this compact.
   52         G. Promoting coordination between this compact and other
   53  compacts affecting military children.
   54         H. Promoting flexibility and cooperation between the
   55  educational system, parents, and the student in order to achieve
   56  educational success for the student.
   57                             ARTICLE II                            
   58         DEFINITIONS.—As used in this compact, unless the context
   59  clearly requires a different construction, the term:
   60         A. “Active duty” means the full-time duty status in the
   61  active uniformed service of the United States, including members
   62  of the National Guard and Reserve on active duty orders pursuant
   63  to 10 U.S.C. ss. 1209 and 1211.
   64         B. “Children of military families” means school-aged
   65  children, enrolled in kindergarten through 12th grade, in the
   66  household of an active-duty member.
   67         C. “Compact commissioner” means the voting representative
   68  of each compacting state appointed under Article VIII of this
   69  compact.
   70         D. “Deployment” means the period 1 month before the service
   71  members’ departure from their home station on military orders
   72  through 6 months after return to their home station.
   73         E. “Educational records” or “education records” means those
   74  official records, files, and data directly related to a student
   75  and maintained by the school or local education agency,
   76  including, but not limited to, records encompassing all the
   77  material kept in the student’s cumulative folder such as general
   78  identifying data, records of attendance and of academic work
   79  completed, records of achievement and results of evaluative
   80  tests, health data, disciplinary status, test protocols, and
   81  individualized education programs.
   82         F. “Extracurricular activities” means a voluntary activity
   83  sponsored by the school or local education agency or an
   84  organization sanctioned by the local education agency.
   85  Extracurricular activities include, but are not limited to,
   86  preparation for and involvement in public performances,
   87  contests, athletic competitions, demonstrations, displays, and
   88  club activities.
   89         G. “Interstate Commission on Educational Opportunity for
   90  Military Children” means the commission that is created under
   91  Article IX of this compact, which is generally referred to as
   92  the Interstate Commission.
   93         H. “Local education agency” means a public authority
   94  legally constituted by the state as an administrative agency to
   95  provide control of, and direction for, kindergarten through 12th
   96  grade public educational institutions.
   97         I. “Member state” means a state that has enacted this
   98  compact.
   99         J. “Military installation” means a base, camp, post,
  100  station, yard, center, homeport facility for any ship, or other
  101  activity under the jurisdiction of the Department of Defense,
  102  including any leased facility, which is located within any of
  103  the several states, the District of Columbia, the Commonwealth
  104  of Puerto Rico, the United States Virgin Islands, Guam, American
  105  Samoa, the Northern Marianas Islands, and any other United
  106  States Territory. The term does not include any facility used
  107  primarily for civil works, rivers and harbors projects, or flood
  108  control projects.
  109         K. “Nonmember state” means a state that has not enacted
  110  this compact.
  111         L. “Receiving state” means the state to which a child of a
  112  military family is sent, brought, or caused to be sent or
  113  brought.
  114         M. “Rule” means a written statement by the Interstate
  115  Commission adopted under Article XII of this compact which is of
  116  general applicability, implements, interprets, or prescribes a
  117  policy or provision of the compact, or an organizational,
  118  procedural, or practice requirement of the Interstate
  119  Commission, and has the force and effect of statutory law in a
  120  member state, and includes the amendment, repeal, or suspension
  121  of an existing rule.
  122         N. “Sending state” means the state from which a child of a
  123  military family is sent, brought, or caused to be sent or
  124  brought.
  125         O. “State” means a state of the United States, the District
  126  of Columbia, the Commonwealth of Puerto Rico, the United States
  127  Virgin Islands, Guam, American Samoa, the Northern Marianas
  128  Islands, and any other United States Territory.
  129         P. “Student” means the child of a military family for whom
  130  the local education agency receives public funding and who is
  131  formally enrolled in kindergarten through 12th grade.
  132         Q. “Transition” means:
  133         1. The formal and physical process of transferring from
  134  school to school; or
  135         2. The period of time in which a student moves from one
  136  school in the sending state to another school in the receiving
  137  state.
  138         R. “Uniformed services” means the Army, Navy, Air Force,
  139  Marine Corps, Coast Guard as well as the Commissioned Corps of
  140  the National Oceanic and Atmospheric Administration, and Public
  141  Health Services.
  142         S. “Veteran” means a person who served in the uniformed
  143  services and who was discharged or released therefrom under
  144  conditions other than dishonorable.
  145                             ARTICLE III                           
  146         APPLICABILITY.—
  147         A. Except as otherwise provided in Section C, this compact
  148  applies to the children of:
  149         1. Active duty members of the uniformed services, including
  150  members of the National Guard and Reserve on active-duty orders
  151  pursuant to 10 U.S.C. ss. 1209 and 1211;
  152         2. Members or veterans of the uniformed services who are
  153  severely injured and medically discharged or retired for a
  154  period of 1 year after medical discharge or retirement; and
  155         3. Members of the uniformed services who die on active duty
  156  or as a result of injuries sustained on active duty for a period
  157  of 1 year after death.
  158         B. This interstate compact applies to local education
  159  agencies.
  160         C. This compact does not apply to the children of:
  161         1. Inactive members of the National Guard and military
  162  reserves;
  163         2. Members of the uniformed services now retired, except as
  164  provided in Section A;
  165         3. Veterans of the uniformed services, except as provided
  166  in Section A; and
  167         4. Other United States Department of Defense personnel and
  168  other federal agency civilian and contract employees not defined
  169  as active-duty members of the uniformed services.
  170                             ARTICLE IV                            
  171         EDUCATIONAL RECORDS AND ENROLLMENT.—
  172         A. If a child’s official education records cannot be
  173  released to the parents for the purpose of transfer, the
  174  custodian of the records in the sending state shall prepare and
  175  furnish to the parent a complete set of unofficial educational
  176  records containing uniform information as determined by the
  177  Interstate Commission. Upon receipt of the unofficial education
  178  records by a school in the receiving state, that school shall
  179  enroll and appropriately place the student based on the
  180  information provided in the unofficial records pending
  181  validation by the official records, as quickly as possible.
  182         B. Simultaneous with the enrollment and conditional
  183  placement of the student, the school in the receiving state
  184  shall request the student’s official education record from the
  185  school in the sending state. Upon receipt of the request, the
  186  school in the sending state shall process and furnish the
  187  official education records to the school in the receiving state
  188  within 10 days or within such time as is reasonably determined
  189  under the rules adopted by the Interstate Commission.
  190         C. Compact states must give 30 days from the date of
  191  enrollment or within such time as is reasonably determined under
  192  the rules adopted by the Interstate Commission for students to
  193  obtain any immunization required by the receiving state. For a
  194  series of immunizations, initial vaccinations must be obtained
  195  within 30 days or within such time as is reasonably determined
  196  under the rules promulgated by the Interstate Commission.
  197         D. Students shall be allowed to continue their enrollment
  198  at grade level in the receiving state commensurate with their
  199  grade level, including kindergarten, from a local education
  200  agency in the sending state at the time of transition,
  201  regardless of age. A student who has satisfactorily completed
  202  the prerequisite grade level in the local education agency in
  203  the sending state is eligible for enrollment in the next highest
  204  grade level in the receiving state, regardless of age. A student
  205  transferring after the start of the school year in the receiving
  206  state shall enter the school in the receiving state on their
  207  validated level from an accredited school in the sending state.
  208                              ARTICLE V                            
  209         PLACEMENT AND ATTENDANCE.—
  210         A. If a student transfers before or during the school year,
  211  the receiving state school shall initially honor placement of
  212  the student in educational courses based on the student’s
  213  enrollment in the sending state school or educational
  214  assessments conducted at the school in the sending state if the
  215  courses are offered. Course placement includes, but is not
  216  limited to, Honors, International Baccalaureate, Advanced
  217  Placement, vocational, technical, and career pathways courses.
  218  Continuing the student’s academic program from the previous
  219  school and promoting placement in academically and career
  220  challenging courses should be paramount when considering
  221  placement. A school in the receiving state is not precluded from
  222  performing subsequent evaluations to ensure appropriate
  223  placement and continued enrollment of the student in the
  224  courses.
  225         B. The receiving state school must initially honor
  226  placement of the student in educational programs based on
  227  current educational assessments conducted at the school in the
  228  sending state or participation or placement in like programs in
  229  the sending state. Such programs include, but are not limited
  230  to:
  231         1. Gifted and talented programs; and
  232         2. English as a second language (ESL).
  233  A school in the receiving state is not precluded from performing
  234  subsequent evaluations to ensure appropriate placement and
  235  continued enrollment of the student in the courses.
  236         C. A receiving state must initially provide comparable
  237  services to a student with disabilities based on his or her
  238  current individualized education program (IEP) in compliance
  239  with the requirements of the Individuals with Disabilities
  240  Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
  241  state must make reasonable accommodations and modifications to
  242  address the needs of incoming students with disabilities,
  243  subject to an existing section 504 or title II plan, to provide
  244  the student with equal access to education, in compliance with
  245  the provisions of Section 504 of the Rehabilitation Act, 29
  246  U.S.C.A. s. 794, and with title II of the Americans with
  247  Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
  248  receiving state is not precluded from performing subsequent
  249  evaluations to ensure appropriate placement and continued
  250  enrollment of the student in the courses.
  251         D. Local education agency administrative officials may
  252  waive course or program prerequisites, or other preconditions
  253  for placement in courses or programs offered under the
  254  jurisdiction of the local education agency.
  255         E. A student whose parent or legal guardian is an active
  256  duty member of the uniformed services and has been called to
  257  duty for, is on leave from, or immediately returned from
  258  deployment to, a combat zone or combat support posting shall be
  259  granted additional excused absences at the discretion of the
  260  local education agency superintendent to visit with his or her
  261  parent or legal guardian relative to such leave or deployment of
  262  the parent or guardian.
  263                             ARTICLE VI                            
  264         ELIGIBILITY.—
  265         A. When considering the eligibility of a child for
  266  enrolling in a school:
  267         1. A special power of attorney relative to the guardianship
  268  of a child of a military family and executed under applicable
  269  law is sufficient for the purposes of enrolling the child in
  270  school and for all other actions requiring parental
  271  participation and consent.
  272         2. A local education agency is prohibited from charging
  273  local tuition to a transitioning military child placed in the
  274  care of a noncustodial parent or other person standing in loco
  275  parentis who lives in a school’s jurisdiction different from
  276  that of the custodial parent.
  277         3. A transitioning military child, placed in the care of a
  278  noncustodial parent or other person standing in loco parentis
  279  who lives in a school’s jurisdiction different from that of the
  280  custodial parent, may continue to attend the school in which he
  281  or she was enrolled while residing with the custodial parent.
  282         B. State and local education agencies must facilitate the
  283  opportunity for transitioning military children’s inclusion in
  284  extracurricular activities, regardless of application deadlines,
  285  to the extent they are otherwise qualified.
  286                             ARTICLE VII                           
  287         GRADUATION.—In order to facilitate the on-time graduation
  288  of children of military families, states and local education
  289  agencies shall incorporate the following procedures:
  290         A. Local education agency administrative officials shall
  291  waive specific courses required for graduation if similar
  292  coursework has been satisfactorily completed in another local
  293  education agency or shall provide reasonable justification for
  294  denial. If a waiver is not granted to a student who would
  295  qualify to graduate from the sending school, the local education
  296  agency must provide an alternative means of acquiring required
  297  coursework so that graduation may occur on time.
  298         B. States shall accept exit or end-of-course exams required
  299  for graduation from the sending state; national norm-referenced
  300  achievement tests; or alternative testing, in lieu of testing
  301  requirements for graduation in the receiving state. If these
  302  alternatives cannot be accommodated by the receiving state for a
  303  student transferring in his or her senior year, then the
  304  provisions of Article VII, Section C shall apply.
  305         C. If a military student transfers at the beginning of or
  306  during his or her senior year and is not eligible to graduate
  307  from the receiving local education agency after all alternatives
  308  have been considered, the sending and receiving local education
  309  agencies must ensure the receipt of a diploma from the sending
  310  local education agency, if the student meets the graduation
  311  requirements of the sending local education agency. If one of
  312  the states in question is not a member of this compact, the
  313  member state shall use its best efforts to facilitate the on
  314  time graduation of the student in accordance with Sections A and
  315  B of this Article.
  316                            ARTICLE VIII                           
  317         STATE COORDINATION.—Each member state shall, through the
  318  creation of a state council or use of an existing body or board,
  319  provide for the coordination among its agencies of government,
  320  local education agencies, and military installations concerning
  321  the state’s participation in, and compliance with, this compact
  322  and Interstate Commission activities.
  323         A. Each member state may determine the membership of its
  324  own state council, but the membership must include at least: the
  325  state superintendent of education, the superintendent of a
  326  school district that has a high concentration of military
  327  children, a representative from a military installation, one
  328  representative each from the legislative and executive branches
  329  of government, and other offices and stakeholder groups the
  330  state council deems appropriate. A member state that does not
  331  have a school district deemed to contain a high concentration of
  332  military children may appoint a superintendent from another
  333  school district to represent local education agencies on the
  334  state council.
  335         B. The state council of each member state shall appoint or
  336  designate a military family education liaison to assist military
  337  families and the state in facilitating the implementation of
  338  this compact.
  339         C. The compact commissioner responsible for the
  340  administration and management of the state’s participation in
  341  the compact shall be appointed by the Governor or as otherwise
  342  determined by each member state.
  343         D. The compact commissioner and the military family
  344  education liaison shall be ex officio members of the state
  345  council, unless either is already a full voting member of the
  346  state council.
  347                             ARTICLE IX                            
  348         INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
  349  MILITARY CHILDREN.—The member states hereby create the
  350  “Interstate Commission on Educational Opportunity for Military
  351  Children.” The activities of the Interstate Commission are the
  352  formation of public policy and are a discretionary state
  353  function. The Interstate Commission shall:
  354         A. Be a body corporate and joint agency of the member
  355  states and shall have all the responsibilities, powers, and
  356  duties set forth herein, and such additional powers as may be
  357  conferred upon it by a subsequent concurrent action of the
  358  respective legislatures of the member states in accordance with
  359  the terms of this compact.
  360         B. Consist of one Interstate Commission voting
  361  representative from each member state who shall be that state’s
  362  compact commissioner.
  363         1. Each member state represented at a meeting of the
  364  Interstate Commission is entitled to one vote.
  365         2. A majority of the total member states shall constitute a
  366  quorum for the transaction of business, unless a larger quorum
  367  is required by the bylaws of the Interstate Commission.
  368         3. A representative shall not delegate a vote to another
  369  member state. In the event the compact commissioner is unable to
  370  attend a meeting of the Interstate Commission, the Governor or
  371  state council may delegate voting authority to another person
  372  from their state for a specified meeting.
  373         4. The bylaws may provide for meetings of the Interstate
  374  Commission to be conducted by telecommunication or electronic
  375  communication.
  376         C. Consist of ex officio, nonvoting representatives who are
  377  members of interested organizations. The ex officio members, as
  378  defined in the bylaws, may include, but not be limited to,
  379  members of the representative organizations of military family
  380  advocates, local education agency officials, parent and teacher
  381  groups, the United States Department of Defense, the Education
  382  Commission of the States, the Interstate Agreement on the
  383  Qualification of Educational Personnel, and other interstate
  384  compacts affecting the education of children of military
  385  members.
  386         D. Meet at least once each calendar year. The chairperson
  387  may call additional meetings and, upon the request of a simple
  388  majority of the member states, shall call additional meetings.
  389         E. Establish an executive committee, whose members shall
  390  include the officers of the Interstate Commission and such other
  391  members of the Interstate Commission as determined by the
  392  bylaws. Members of the executive committee shall serve a 1-year
  393  term. Members of the executive committee are entitled to one
  394  vote each. The executive committee shall have the power to act
  395  on behalf of the Interstate Commission, with the exception of
  396  rulemaking, during periods when the Interstate Commission is not
  397  in session. The executive committee shall oversee the day-to-day
  398  activities of the administration of the compact, including
  399  enforcement and compliance with the compact, its bylaws and
  400  rules, and other such duties as deemed necessary. The United
  401  States Department of Defense shall serve as an ex officio,
  402  nonvoting member of the executive committee.
  403         F. Establish bylaws and rules that provide for conditions
  404  and procedures under which the Interstate Commission shall make
  405  its information and official records available to the public for
  406  inspection or copying. The Interstate Commission may exempt from
  407  disclosure information or official records to the extent they
  408  would adversely affect personal privacy rights or proprietary
  409  interests.
  410         G. Give public notice of all meetings and all meetings
  411  shall be open to the public, except as set forth in the rules or
  412  as otherwise provided in the compact. The Interstate Commission
  413  and its committees may close a meeting, or portion thereof,
  414  where it determines by two-thirds vote that an open meeting
  415  would be likely to:
  416         1. Relate solely to the Interstate Commission’s internal
  417  personnel practices and procedures;
  418         2. Disclose matters specifically exempted from disclosure
  419  by federal and state statute;
  420         3. Disclose trade secrets or commercial or financial
  421  information which is privileged or confidential;
  422         4. Involve accusing a person of a crime, or formally
  423  censuring a person;
  424         5. Disclose information of a personal nature where
  425  disclosure would constitute a clearly unwarranted invasion of
  426  personal privacy;
  427         6. Disclose investigative records compiled for law
  428  enforcement purposes; or
  429         7. Specifically relate to the Interstate Commission’s
  430  participation in a civil action or other legal proceeding.
  431         H. For a meeting, or portion of a meeting, closed pursuant
  432  to this provision, the Interstate Commission’s legal counsel or
  433  designee shall certify that the meeting may be closed and shall
  434  reference each relevant exemptible provision. The Interstate
  435  Commission shall keep minutes which shall fully and clearly
  436  describe all matters discussed in a meeting and shall provide a
  437  full and accurate summary of actions taken, and the reasons
  438  therefor, including a description of the views expressed and the
  439  record of a roll call vote. All documents considered in
  440  connection with an action shall be identified in such minutes.
  441  All minutes and documents of a closed meeting shall remain under
  442  seal, subject to release by a majority vote of the Interstate
  443  Commission.
  444         F.I. The Interstate Commission shall collect standardized
  445  data concerning the educational transition of the children of
  446  military families under this compact as directed through its
  447  rules which shall specify the data to be collected, the means of
  448  collection and data exchange, and reporting requirements. The
  449  methods of data collection, exchange, and reporting shall,
  450  insofar as is reasonably possible, conform to current technology
  451  and coordinate its information functions with the appropriate
  452  custodian of records as identified in the bylaws and rules.
  453         G.J. The Interstate Commission shall create a procedure
  454  that permits military officials, education officials, and
  455  parents to inform the Interstate Commission if and when there
  456  are alleged violations of the compact or its rules or when
  457  issues subject to the jurisdiction of the compact or its rules
  458  are not addressed by the state or local education agency. This
  459  section does not create a private right of action against the
  460  Interstate Commission or any member state.
  461                              ARTICLE X                            
  462         POWERS AND DUTIES OF THE INTERSTATE COMMISSION.—The
  463  Interstate Commission has the power to:
  464         A. Provide for dispute resolution among member states.
  465         B. Adopt rules and take all necessary actions to effect the
  466  goals, purposes, and obligations as enumerated in this compact.
  467  The rules have the force and effect of statutory law and are
  468  binding in the compact states to the extent and in the manner
  469  provided in this compact.
  470         C. Issue, upon request of a member state, advisory opinions
  471  concerning the meaning or interpretation of the interstate
  472  compact, its bylaws, rules, and actions.
  473         D. Enforce compliance with the compact provisions, the
  474  rules adopted by the Interstate Commission, and the bylaws,
  475  using all necessary and proper means, including, but not limited
  476  to, the use of judicial process.
  477         E. Establish and maintain offices that shall be located
  478  within one or more of the member states.
  479         F. Purchase and maintain insurance and bonds.
  480         G. Borrow, accept, hire, or contract for services of
  481  personnel.
  482         H. Establish and appoint committees, including, but not
  483  limited to, an executive committee as required by Article IX,
  484  Section E, which shall have the power to act on behalf of the
  485  Interstate Commission in carrying out its powers and duties
  486  hereunder.
  487         I. Elect or appoint such officers, attorneys, employees,
  488  agents, or consultants, and to fix their compensation, define
  489  their duties, and determine their qualifications; and to
  490  establish the Interstate Commission’s personnel policies and
  491  programs relating to conflicts of interest, rates of
  492  compensation, and qualifications of personnel.
  493         J. Accept any and all donations and grants of money,
  494  equipment, supplies, materials, and services, and to receive,
  495  utilize, and dispose of it.
  496         K. Lease, purchase, accept contributions or donations of,
  497  or otherwise to own, hold, improve, or use any property, real,
  498  personal, or mixed.
  499         L. Sell, convey, mortgage, pledge, lease, exchange,
  500  abandon, or otherwise dispose of any property, real, personal,
  501  or mixed.
  502         M. Establish a budget and make expenditures.
  503         N. Adopt a seal and bylaws governing the management and
  504  operation of the Interstate Commission.
  505         O. Report annually to the legislatures, governors,
  506  judiciary, and state councils of the member states concerning
  507  the activities of the Interstate Commission during the preceding
  508  year. Such reports shall also include any recommendations that
  509  may have been adopted by the Interstate Commission.
  510         P. Coordinate education, training, and public awareness
  511  regarding the compact, its implementation, and operation for
  512  officials and parents involved in such activity.
  513         Q. Establish uniform standards for the reporting,
  514  collecting, and exchanging of data.
  515         R. Maintain corporate books and records in accordance with
  516  the bylaws.
  517         S. Perform such functions as may be necessary or
  518  appropriate to achieve the purposes of this compact.
  519         T. Provide for the uniform collection and sharing of
  520  information between and among member states, schools, and
  521  military families under this compact.
  522                             ARTICLE XI                            
  523         ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.—
  524         A. The Interstate Commission shall, by a majority of the
  525  members present and voting, within 12 months after the first
  526  Interstate Commission meeting, adopt bylaws to govern its
  527  conduct as may be necessary or appropriate to carry out the
  528  purposes of the compact, including, but not limited to:
  529         1. Establishing the fiscal year of the Interstate
  530  Commission;
  531         2. Establishing an executive committee and such other
  532  committees as may be necessary;
  533         3. Providing for the establishment of committees and for
  534  governing any general or specific delegation of authority or
  535  function of the Interstate Commission;
  536         4. Providing reasonable procedures for calling and
  537  conducting meetings of the Interstate Commission and ensuring
  538  reasonable notice of each such meeting;
  539         5. Establishing the titles and responsibilities of the
  540  officers and staff of the Interstate Commission;
  541         6. Providing a mechanism for concluding the operations of
  542  the Interstate Commission and the return of surplus funds that
  543  may exist upon the termination of the compact after the payment
  544  and reserving of all of its debts and obligations.
  545         7. Providing “start up” rules for initial administration of
  546  the compact.
  547         B. The Interstate Commission shall, by a majority of the
  548  members, elect annually from among its members a chairperson, a
  549  vice chairperson, and a treasurer, each of whom shall have such
  550  authority and duties as may be specified in the bylaws. The
  551  chairperson or, in the chairperson’s absence or disability, the
  552  vice chairperson shall preside at all meetings of the Interstate
  553  Commission. The officers so elected shall serve without
  554  compensation or remuneration from the Interstate Commission;
  555  provided that, subject to the availability of budgeted funds,
  556  the officers shall be reimbursed for ordinary and necessary
  557  costs and expenses incurred by them in the performance of their
  558  responsibilities as officers of the Interstate Commission.
  559         C. The executive committee has the authority and duties as
  560  may be set forth in the bylaws, including, but not limited to:
  561         1. Managing the affairs of the Interstate Commission in a
  562  manner consistent with the bylaws and purposes of the Interstate
  563  Commission;
  564         2. Overseeing an organizational structure within, and
  565  appropriate procedures for, the Interstate Commission to provide
  566  for the adoption of rules, operating procedures, and
  567  administrative and technical support functions; and
  568         3. Planning, implementing, and coordinating communications
  569  and activities with other state, federal, and local government
  570  organizations in order to advance the goals of the Interstate
  571  Commission.
  572         D. The executive committee may, subject to the approval of
  573  the Interstate Commission, appoint or retain an executive
  574  director for such period, upon such terms and conditions and for
  575  such compensation, as the Interstate Commission may deem
  576  appropriate. The executive director shall serve as secretary to
  577  the Interstate Commission but is not a member of the Interstate
  578  Commission. The executive director shall hire and supervise such
  579  other persons as may be authorized by the Interstate Commission.
  580         E. The Interstate Commission’s executive director and its
  581  employees are immune from suit and liability, either personally
  582  or in their official capacity, for a claim for damage to or loss
  583  of property or personal injury or other civil liability caused
  584  or arising out of, or relating to, an actual or alleged act,
  585  error, or omission that occurred, or that such person had a
  586  reasonable basis for believing occurred, within the scope of
  587  Interstate Commission employment, duties, or responsibilities,
  588  provided that the person is not protected from suit or liability
  589  for damage, loss, injury, or liability caused by the intentional
  590  or willful and wanton misconduct of the person.
  591         1. The liability of the Interstate Commission’s executive
  592  director and employees or Interstate Commission representatives,
  593  acting within the scope of the person’s employment or duties,
  594  for acts, errors, or omissions occurring within the person’s
  595  state may not exceed the limits of liability set forth under the
  596  constitution and laws of that state for state officials,
  597  employees, and agents. The Interstate Commission is considered
  598  to be an instrumentality of the states for the purposes of any
  599  such action. This subsection does not protect the person from
  600  suit or liability for damage, loss, injury, or liability caused
  601  by the intentional or willful and wanton misconduct of the
  602  person.
  603         2. The Interstate Commission shall defend the executive
  604  director and its employees and, subject to the approval of the
  605  Attorney General or other appropriate legal counsel of the
  606  member state represented by an Interstate Commission
  607  representative, shall defend an Interstate Commission
  608  representative in any civil action seeking to impose liability
  609  arising out of an actual or alleged act, error, or omission that
  610  occurred within the scope of Interstate Commission employment,
  611  duties, or responsibilities, or that the defendant had a
  612  reasonable basis for believing occurred within the scope of
  613  Interstate Commission employment, duties, or responsibilities,
  614  provided that the actual or alleged act, error, or omission did
  615  not result from intentional or willful and wanton misconduct on
  616  the part of the person.
  617         3. To the extent not covered by the state involved, a
  618  member state, the Interstate Commission, and the representatives
  619  or employees of the Interstate Commission shall be held harmless
  620  in the amount of a settlement or judgment, including attorney’s
  621  fees and costs, obtained against a person arising out of an
  622  actual or alleged act, error, or omission that occurred within
  623  the scope of Interstate Commission employment, duties, or
  624  responsibilities, or that the person had a reasonable basis for
  625  believing occurred within the scope of Interstate Commission
  626  employment, duties, or responsibilities, provided that the
  627  actual or alleged act, error, or omission did not result from
  628  intentional or willful and wanton misconduct on the part of the
  629  person.
  630                             ARTICLE XII                           
  631         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.—The
  632  Interstate Commission shall adopt rules to effectively and
  633  efficiently implement this act to achieve the purposes of this
  634  compact.
  635         A. If the Interstate Commission exercises its rulemaking
  636  authority in a manner that is beyond the scope of the purposes
  637  of this act, or the powers granted hereunder, the action
  638  undertaken by the Interstate Commission is invalid and has no
  639  force or effect.
  640         B. Rules must be adopted pursuant to a rulemaking process
  641  that substantially conforms to the “Model State Administrative
  642  Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
  643  1 (2000) as amended, as may be appropriate to the operations of
  644  the Interstate Commission.
  645         C. No later than 30 days after a rule is adopted, a person
  646  may file a petition for judicial review of the rule. The filing
  647  of the petition does not stay or otherwise prevent the rule from
  648  becoming effective unless a court finds that the petitioner has
  649  a substantial likelihood of success on the merits of the
  650  petition. The court shall give deference to the actions of the
  651  Interstate Commission consistent with applicable law and shall
  652  not find the rule to be unlawful if the rule represents a
  653  reasonable exercise of the Interstate Commission’s authority.
  654         D. If a majority of the legislatures of the compacting
  655  states rejects a rule by enactment of a statute or resolution in
  656  the same manner used to adopt the compact, then the rule is
  657  invalid and has no further force and effect in any compacting
  658  state.
  659                            ARTICLE XIII                           
  660         OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.—
  661         A. The executive, legislative, and judicial branches of
  662  state government in each member state shall enforce this compact
  663  and shall take all actions necessary and appropriate to
  664  effectuate the compact’s purposes and intent. The provisions of
  665  this compact and the rules adopted under it have the force and
  666  effect of statutory law.
  667         B. All courts shall take judicial notice of the compact and
  668  its adopted rules in any judicial or administrative proceeding
  669  in a member state pertaining to the subject matter of this
  670  compact which may affect the powers, responsibilities, or
  671  actions of the Interstate Commission.
  672         C. The Interstate Commission is entitled to receive all
  673  service of process in any such proceeding, and has standing to
  674  intervene in the proceeding for all purposes. Failure to provide
  675  service of process to the Interstate Commission renders a
  676  judgment or order void as to the Interstate Commission, this
  677  compact, or its adopted rules.
  678         D. If the Interstate Commission determines that a member
  679  state has defaulted in the performance of its obligations or
  680  responsibilities under this compact, or the bylaws or the
  681  adopted rules, the Interstate Commission shall:
  682         1. Provide written notice to the defaulting state and other
  683  member states of the nature of the default, the means of curing
  684  the default, and any action taken by the Interstate Commission.
  685  The Interstate Commission must specify the conditions by which
  686  the defaulting state must cure its default.
  687         2. Provide remedial training and specific technical
  688  assistance regarding the default.
  689         3. If the defaulting state fails to cure the default,
  690  terminate the defaulting state from the compact upon an
  691  affirmative vote of a majority of the member states and all
  692  rights, privileges, and benefits conferred by this compact shall
  693  be terminated from the effective date of termination. A cure of
  694  the default does not relieve the offending state of obligations
  695  or liabilities incurred during the period of the default.
  696         E. Suspension or termination of membership in the compact
  697  may not be imposed on a member until all other means of securing
  698  compliance have been exhausted. Notice of the intent to suspend
  699  or terminate membership must be given by the Interstate
  700  Commission to the Governor, the majority and minority leaders of
  701  the defaulting state’s legislature, and each of the member
  702  states.
  703         F. A state that has been suspended or terminated is
  704  responsible for all assessments, obligations, and liabilities
  705  incurred through the effective date of suspension or
  706  termination, including obligations, the performance of which
  707  extends beyond the effective date of suspension or termination.
  708         G. The remaining member states of the Interstate Commission
  709  do not bear any costs arising from a state that has been found
  710  to be in default or that has been suspended or terminated from
  711  the compact, unless otherwise mutually agreed upon in writing
  712  between the Interstate Commission and the defaulting state.
  713         H. A defaulting state may appeal the action of the
  714  Interstate Commission by petitioning the United States District
  715  Court for the District of Columbia or the federal district where
  716  the Interstate Commission has its principal offices. The
  717  prevailing party shall be awarded all costs of such litigation,
  718  including reasonable attorney’s fees.
  719         I. The Interstate Commission shall attempt, upon the
  720  request of a member state, to resolve disputes that are subject
  721  to the compact and that may arise among member states and
  722  between member and nonmember states. The Interstate Commission
  723  shall promulgate a rule providing for both mediation and binding
  724  dispute resolution for disputes as appropriate.
  725         1. The Interstate Commission, in the reasonable exercise of
  726  its discretion, shall enforce the provisions and rules of this
  727  compact.
  728         2. The Interstate Commission may, by majority vote of the
  729  members, initiate legal action in the United States District
  730  Court for the District of Columbia or, at the discretion of the
  731  Interstate Commission, in the federal district where the
  732  Interstate Commission has its principal offices to enforce
  733  compliance with the provisions of the compact, or its
  734  promulgated rules and bylaws, against a member state in default.
  735  The relief sought may include both injunctive relief and
  736  damages. In the event judicial enforcement is necessary, the
  737  prevailing party shall be awarded all costs of such litigation,
  738  including reasonable attorney’s fees.
  739         3. The remedies herein are not the exclusive remedies of
  740  the Interstate Commission. The Interstate Commission may avail
  741  itself of any other remedies available under state law or the
  742  regulation of a profession.
  743                             ARTICLE XIV                           
  744         FINANCING OF THE INTERSTATE COMMISSION.—
  745         A. The Interstate Commission shall pay, or provide for the
  746  payment of, the reasonable expenses of its establishment,
  747  organization, and ongoing activities.
  748         B. The Interstate Commission may levy on and collect an
  749  annual assessment from each member state to cover the cost of
  750  the operations and activities of the Interstate Commission and
  751  its staff which must be in a total amount sufficient to cover
  752  the Interstate Commission’s annual budget as approved each year.
  753  The aggregate annual assessment amount shall be allocated based
  754  upon a formula to be determined by the Interstate Commission,
  755  which shall adopt a rule binding upon all member states.
  756         C. The Interstate Commission may not incur any obligation
  757  of any kind before securing the funds adequate to meet the
  758  obligation and the Interstate Commission may not pledge the
  759  credit of any of the member states, except by and with the
  760  permission of the member state.
  761         D. The Interstate Commission shall keep accurate accounts
  762  of all receipts and disbursements. The receipts and
  763  disbursements of the Interstate Commission are subject to audit
  764  and accounting procedures established under its bylaws. However,
  765  all receipts and disbursements of funds handled by the
  766  Interstate Commission shall be audited yearly by a certified or
  767  licensed public accountant, and the report of the audit shall be
  768  included in and become part of the annual report of the
  769  Interstate Commission.
  770                             ARTICLE XV                            
  771         MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.—
  772         A. Any state is eligible to become a member state.
  773         B. The compact shall take effect and be binding upon
  774  legislative enactment of the compact into law by not less than
  775  10 of the states. The effective date shall be no earlier than
  776  December 1, 2007. Thereafter, it shall become effective and
  777  binding as to any other member state upon enactment of the
  778  compact into law by that state. The governors of nonmember
  779  states or their designees shall be invited to participate in the
  780  activities of the Interstate Commission on a nonvoting basis
  781  before adoption of the compact by all states.
  782         C. The Interstate Commission may propose amendments to the
  783  compact for enactment by the member states. An amendment does
  784  not become effective and binding upon the Interstate Commission
  785  and the member states until the amendment is enacted into law by
  786  unanimous consent of the member states.
  787                             ARTICLE XVI                           
  788         WITHDRAWAL AND DISSOLUTION.—
  789         A. Once in effect, the compact continues in force and
  790  remains binding upon each and every member state, provided that
  791  a member state may withdraw from the compact, specifically
  792  repealing the statute that enacted the compact into law.
  793         1. Withdrawal from the compact occurs when a statute
  794  repealing its membership is enacted by the state, but does not
  795  take effect until 1 year after the effective date of the statute
  796  and until written notice of the withdrawal has been given by the
  797  withdrawing state to the Governor of each other member state.
  798         2. The withdrawing state must immediately notify the
  799  chairperson of the Interstate Commission in writing upon the
  800  introduction of legislation repealing this compact in the
  801  withdrawing state. The Interstate Commission shall notify the
  802  other member states of the withdrawing state’s intent to
  803  withdraw within 60 days after its receipt thereof.
  804         3. A withdrawing state is responsible for all assessments,
  805  obligations, and liabilities incurred through the effective date
  806  of withdrawal, including obligations, the performance of which
  807  extend beyond the effective date of withdrawal.
  808         4. Reinstatement following withdrawal of a member state
  809  shall occur upon the withdrawing state reenacting the compact or
  810  upon such later date as determined by the Interstate Commission.
  811         B. This compact shall dissolve effective upon the date of
  812  the withdrawal or default of the member state which reduces the
  813  membership in the compact to one member state.
  814         C. Upon the dissolution of this compact, the compact
  815  becomes void and has no further force or effect, and the
  816  business and affairs of the Interstate Commission shall be
  817  concluded and surplus funds shall be distributed in accordance
  818  with the bylaws.
  819                            ARTICLE XVII                           
  820         SEVERABILITY AND CONSTRUCTION.—
  821         A. The provisions of this compact shall be severable, and
  822  if any phrase, clause, sentence, or provision is deemed
  823  unenforceable, the remaining provisions of the compact shall be
  824  enforceable.
  825         B. The provisions of this compact shall be liberally
  826  construed to effectuate its purposes.
  827         C. This compact does not prohibit the applicability of
  828  other interstate compacts to which the states are members.
  829                            ARTICLE XVIII                          
  830         BINDING EFFECT OF COMPACT AND OTHER LAWS.—
  831         A. This compact does not prevent the enforcement of any
  832  other law of a member state that is not inconsistent with this
  833  compact.
  834         B. All member states’ laws conflicting with this compact
  835  are superseded to the extent of the conflict.
  836         C. All lawful actions of the Interstate Commission,
  837  including all rules and bylaws promulgated by the Interstate
  838  Commission, are binding upon the member states.
  839         D. All agreements between the Interstate Commission and the
  840  member states are binding in accordance with their terms.
  841         E. If any part of this compact exceeds the constitutional
  842  limits imposed on the legislature of any member state, the
  843  provision shall be ineffective to the extent of the conflict
  844  with the constitutional provision in question in that member
  845  state.
  846         Section 3. Sections 1000.36, 1000.37, 1000.38, and 1000.39,
  847  Florida Statutes, shall stand repealed 3 years after the
  848  effective date of this act unless reviewed and saved from repeal
  849  through reenactment by the Legislature.
  850         Section 4. This act shall take effect upon becoming a law.