HB 577

1	A bill to be entitled
2	An act relating to the Interstate Compact for Juveniles;
3	amending s. 985.502, F.S.; revising provisions of the
4	former Interstate Compact on Juveniles; providing purpose
5	of the compact; providing definitions; providing for an
6	Interstate Commission for Juveniles; providing for the
7	appointment of commissioners; providing for an executive
8	committee; providing for meetings; providing powers and
9	duties of the Interstate Commission; providing for its
10	organization and operation; providing for bylaws,
11	officers, and staff; providing for qualified immunity from
12	liability for the commissioners, the executive director,
13	and employees; requiring the Interstate Commission to
14	adopt rules; providing for oversight, enforcement, and
15	dispute resolution by the Interstate Commission; providing
16	for the activities of the Interstate Commission to be
17	financed by an annual assessment from each compacting
18	state; requiring member states to create a State Council
19	for Interstate Juvenile Supervision; providing for the
20	effective date of the compact and amendments thereto;
21	providing for a state's withdrawal from and reinstatement
22	to the compact; providing for assistance, certain
23	penalties, suspension, or termination following default by
24	a state; providing for judicial enforcement; providing for
25	dissolution of the compact; providing for severability and
26	construction of the compact; providing for the effect of
27	the compact with respect to other laws and for its binding
28	effect; creating s. 985.5025, F.S.; creating the State
29	Council for Interstate Juvenile Offender Supervision to
30	oversee state participation in the compact; providing
31	membership; providing for records and open meetings;
32	prescribing procedures if the council is abolished;
33	repealing ss. 985.503, 985.504, 985.505, 985.506, and
34	985.507, F.S., relating to obsolete provisions governing
35	the former compact superseded by the act; providing for
36	the future legislative review and repeal of ss. 985.502
37	and 985.5025, F.S.; providing an effective date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1.  Section 985.502, Florida Statutes, is amended
42	to read:
43	(Substantial rewording of section. See
44	s. 985.502, F.S., for present text.)
45	985.502  Execution of interstate compact for
46	juveniles.--The Governor is authorized and directed to execute a
47	compact on behalf of this state with any other state or states
48	legally joining thereto in the form substantially as follows.
49	This compact does not interfere with this state's authority to
50	determine policy regarding juvenile offenders and nonoffenders
51	within this state.
52
53	THE INTERSTATE COMPACT FOR JUVENILES
54
55	ARTICLE I
56
57	PURPOSE.--
58	(1)  The compacting states to this Interstate Compact
59	recognize that each state is responsible for the proper
60	supervision or return of juveniles, delinquents, and status
61	offenders who are on probation or parole and who have absconded,
62	escaped, or run away from supervision and control and in so
63	doing have endangered their own safety and the safety of others.
64	The compacting states also recognize that each state is
65	responsible for the safe return of juveniles who have run away
66	from home and in doing so have left their state of residence.
67	The compacting states also recognize that Congress, by enacting
68	the Crime Control Act, 4 U.S.C. s. 112 (1965), has authorized
69	and encouraged compacts for cooperative efforts and mutual
70	assistance in the prevention of crime.
71	(2)  It is the purpose of this compact, through means of
72	joint and cooperative action among the compacting states to: (A)
73	ensure that the adjudicated juveniles and status offenders
74	subject to this compact are provided adequate supervision and
75	services in the receiving state as ordered by the adjudicating
76	judge or parole authority in the sending state; (B) ensure that
77	the public safety interests of the public, including the victims
78	of juvenile offenders, in both the sending and receiving states
79	are adequately protected; (C) return juveniles who have run
80	away, absconded, or escaped from supervision or control or who
81	have been accused of an offense to the state requesting their
82	return; (D) make contracts for the cooperative
83	institutionalization in public facilities in member states for
84	delinquent youth needing special services; (E) provide for the
85	effective tracking and supervision of juveniles; (F) equitably
86	allocate the costs, benefits, and obligations of the compacting
87	states; (G) establish procedures to manage the movement between
88	states of juvenile offenders released to the community under the
89	jurisdiction of courts, juvenile departments, or any other
90	criminal or juvenile justice agency that has jurisdiction over
91	juvenile offenders; (H) ensure immediate notice to jurisdictions
92	where defined offenders are authorized to travel or to relocate
93	across state lines; (I) establish procedures to resolve pending
94	charges (detainers) against juvenile offenders prior to transfer
95	or release to the community under the terms of this compact; (J)
96	establish a system of uniform data collection of information
97	pertaining to juveniles subject to this compact which allows
98	access by authorized juvenile justice and criminal justice
99	officials, and regular reporting of activities under this
100	compact to heads of state executive, judicial, and legislative
101	branches and juvenile and criminal justice administrators; (K)
102	monitor compliance with rules governing interstate movement of
103	juveniles and initiate interventions to address and correct
104	noncompliance; (L) coordinate training and education regarding
105	the regulation of interstate movement of juveniles for officials
106	involved in such activity; and (M) coordinate the implementation
107	and operation of the compact with the Interstate Compact for the
108	Placement of Children, the Interstate Compact for Adult Offender
109	Supervision, and other compacts affecting juveniles,
110	particularly in those cases where concurrent or overlapping
111	supervision issues arise. It is the policy of the compacting
112	states that the activities conducted by the Interstate
113	Commission created in this compact are the formation of public
114	policies and therefore are public business. Furthermore, the
115	compacting states shall cooperate and observe their individual
116	and collective duties and responsibilities for the prompt return
117	and acceptance of juveniles subject to the provisions of the
118	compact. The provisions of the compact shall be reasonably and
119	liberally construed to accomplish the purposes and policies of
120	the compact.
121
122	ARTICLE II
123
124	DEFINITIONS.--As used in this compact, unless the context
125	clearly requires a different construction:
126	(1)  "Bylaws" means those bylaws established by the
127	Interstate Commission for its governance or for directing or
128	controlling its actions or conduct.
129	(2)  "Compact administrator" means the individual in each
130	compacting state, appointed pursuant to the terms of this
131	compact, who is responsible for the administration and
132	management of the state's supervision and transfer of juveniles
133	subject to the terms of this compact, the rules adopted by the
134	Interstate Commission, and the policies adopted by the state
135	council under this compact.
136	(3)  "Compacting state" means any state that has enacted
137	the enabling legislation for this compact.
138	(4)  "Commissioner" means the voting representative of each
139	compacting state appointed pursuant to Article III of this
140	compact.
141	(5)  "Court" means any court having jurisdiction over
142	delinquent, neglected, or dependent children.
143	(6)  "Deputy compact administrator" means the individual,
144	if any, in each compacting state appointed to act on behalf of a
145	compact administrator pursuant to the terms of the compact who
146	is responsible for the administration and management of the
147	state's supervision and transfer of juveniles subject to the
148	terms of this compact, the rules adopted by the Interstate
149	Commission, and the policies adopted by the state council under
150	this compact.
151	(7)  "Interstate Commission" means the Interstate
152	Commission for Juveniles created by Article III of this compact.
153	(8)  "Juvenile" means any person defined as a juvenile in
154	any member state or by the rules of the Interstate Commission,
155	including:
156	(a)  Accused delinquent - a person charged with an offense
157	that, if committed by an adult, would be a criminal offense;
158	(b)  Adjudicated delinquent - a person found to have
159	committed an offense that, if committed by an adult, would be a
160	criminal offense;
161	(c)  Accused status offender - a person charged with an
162	offense that would not be a criminal offense if committed by an
163	adult;
164	(d)  Adjudicated status offender - a person found to have
165	committed an offense that would not be a criminal offense if
166	committed by an adult; and
167	(e)  Nonoffender - a person in need of supervision who has
168	not been accused or adjudicated a status offender or delinquent.
169	(9)  "Noncompacting state" means any state that has not
170	enacted the enabling legislation for this compact.
171	(10)  "Probation or parole" means any kind of supervision
172	or conditional release of juveniles authorized under the laws of
173	the compacting states.
174	(11)  "Rule" means a written statement by the Interstate
175	Commission adopted pursuant to Article VI of this compact which
176	is of general applicability and implements, interprets, or
177	prescribes a policy or provision of the compact, or an
178	organizational, procedural, or practice requirement of the
179	commission; has the force and effect of statutory law in a
180	compacting state; and includes the amendment, repeal, or
181	suspension of an existing rule.
182	(12)  "State" means a state of the United States, the
183	District of Columbia (or its designee), the Commonwealth of
184	Puerto Rico, the United States Virgin Islands, Guam, American
185	Samoa, and the Northern Mariana Islands.
186
187	ARTICLE III
188
189	INTERSTATE COMMISSION FOR JUVENILES.--
190	(1)  The compacting states hereby create the "Interstate
191	Commission for Juveniles." The Interstate Commission shall be a
192	body corporate and joint agency of the compacting states. The
193	Interstate Commission shall have all the responsibilities,
194	powers, and duties set forth in this compact, and such
195	additional powers as may be conferred upon it by subsequent
196	action of the respective legislatures of the compacting states
197	in accordance with the terms of this compact.
198	(2)  The Interstate Commission shall consist of
199	commissioners appointed by the appropriate appointing authority
200	in each state pursuant to the rules and requirements of each
201	compacting state and in consultation with the State Council for
202	Interstate Juvenile Supervision created hereunder. The
203	commissioner shall be the compact administrator, deputy compact
204	administrator, or designee from that state who shall serve on
205	the Interstate Commission in such capacity under or pursuant to
206	the applicable law of the compacting state.
207	(3)  In addition to the commissioners who are the voting
208	representatives of each state, the Interstate Commission shall
209	include individuals who are not commissioners, but who are
210	members of interested organizations. Such noncommissioner
211	members must include a member of the national organization of
212	governors, legislatures, state chief justices, attorneys
213	general, Interstate Compact for Adult Offender Supervision,
214	Interstate Compact for the Placement of Children, juvenile
215	justice and juvenile corrections officials, and crime victims.
216	All noncommissioner members of the Interstate Commission shall
217	be ex officio, nonvoting members. The Interstate Commission may
218	provide in its bylaws for such additional ex officio, nonvoting
219	members, including members of other national organizations, in
220	such numbers as shall be determined by the Interstate
221	Commission.
222	(4)  Each compacting state represented at any meeting of
223	the Interstate Commission is entitled to one vote. A majority of
224	the compacting states shall constitute a quorum for the
225	transaction of business, unless a larger quorum is required by
226	the bylaws of the Interstate Commission.
227	(5)  The Interstate Commission shall establish an executive
228	committee, which shall include commission officers, members, and
229	others as determined by the bylaws. The executive committee
230	shall have the power to act on behalf of the Interstate
231	Commission during periods when the Interstate Commission is not
232	in session, with the exception of rulemaking or amendment to the
233	compact. The executive committee shall oversee the day-to-day
234	activities of the administration of the compact, which shall be
235	managed by an executive director and Interstate Commission
236	staff. The executive committee shall administer enforcement and
237	compliance with the provisions of the compact, its bylaws, and
238	rules, and shall perform other duties as directed by the
239	Interstate Commission or set forth in the bylaws.
240	(6)  Each member of the Interstate Commission shall have
241	the right and power to cast a vote to which that compacting
242	state is entitled and to participate in the business and affairs
243	of the Interstate Commission. A member shall vote in person and
244	may not delegate a vote to another compacting state. However, a
245	commissioner, in consultation with the state council, shall
246	appoint another authorized representative, in the absence of the
247	commissioner from that state, to cast a vote on behalf of the
248	compacting state at a specified meeting. The bylaws may provide
249	for members' participation in meetings by telephone or other
250	means of telecommunication or electronic communication.
251	(7)  The Interstate Commission shall collect standardized
252	data concerning the interstate movement of juveniles as directed
253	through its rules, which shall specify the data to be collected,
254	the means of collection and data exchange, and reporting
255	requirements. Such methods of data collection, exchange, and
256	reporting shall, insofar as is reasonably possible, conform to
257	up-to-date technology and coordinate its information functions
258	with the appropriate repository of records.
259
260	ARTICLE IV
261
262	POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The
263	Interstate Commission shall have the following powers and
264	duties:
265	(1)  To provide for dispute resolution among compacting
266	states.
267	(2)  To adopt rules to effect the purposes and obligations
268	as enumerated in this compact, and which shall have the force
269	and effect of statutory law and shall be binding in the
270	compacting states to the extent and in the manner provided in
271	this compact.
272	(3)  To oversee, supervise, and coordinate the interstate
273	movement of juveniles subject to the terms of this compact and
274	any bylaws and rules adopted by the Interstate Commission.
275	(4)  To enforce compliance with the compact provisions, the
276	rules adopted by the Interstate Commission, and the bylaws,
277	using all necessary and proper means, including, but not limited
278	to, the use of judicial process.
279	(5)  To establish and maintain offices that are located
280	within one or more of the compacting states.
281	(6)  To purchase and maintain insurance and bonds.
282	(7)  To borrow, accept, hire, or contract for services of
283	personnel.
284	(8)  To establish and appoint committees and hire staff
285	that it deems necessary for carrying out its functions,
286	including, but not limited to, an executive committee as
287	required in Article III which shall have the power to act on
288	behalf of the Interstate Commission in carrying out its powers
289	and duties hereunder.
290	(9)  To elect or appoint such officers, attorneys,
291	employees, agents, or consultants; to fix their compensation,
292	define their duties, and determine their qualifications; and to
293	establish the Interstate Commission's personnel policies and
294	programs relating to, inter alia, conflicts of interest, rates
295	of compensation, and qualifications of personnel.
296	(10)  To accept any and all donations and grants of money,
297	equipment, supplies, materials, and services, and to receive,
298	use, and dispose of such donations and grants.
299	(11)  To lease, purchase, accept contributions or donations
300	of, or otherwise to own, hold, improve, or use any property,
301	real, personal, or mixed.
302	(12)  To sell, convey, mortgage, pledge, lease, exchange,
303	abandon, or otherwise dispose of any property, real, personal,
304	or mixed.
305	(13)  To establish a budget and make expenditures and levy
306	dues as provided in Article VIII of this compact.
307	(14)  To sue and to be sued.
308	(15)  To adopt a seal and bylaws governing the management
309	and operation of the Interstate Commission.
310	(16)  To perform such functions as may be necessary or
311	appropriate to achieve the purposes of this compact.
312	(17)  To report annually to the legislatures, governors,
313	judiciary, and state councils of the compacting states
314	concerning the activities of the Interstate Commission during
315	the preceding year. Such reports shall also include any
316	recommendations that may have been adopted by the Interstate
317	Commission.
318	(18)  To coordinate education, training, and public
319	awareness regarding the interstate movement of juveniles for
320	officials involved in such activity.
321	(19)  To establish uniform standards of the reporting,
322	collecting, and exchanging of data.
323	(20)  To maintain its corporate books and records in
324	accordance with the bylaws.
325
326	ARTICLE V
327
328	ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.--
329	Section A.  Bylaws.--The Interstate Commission shall, by a
330	majority of the members present and voting, within 12 months
331	after the first Interstate Commission meeting, adopt bylaws to
332	govern its conduct as may be necessary or appropriate to carry
333	out the purposes of the compact, including, but not limited to:
334	(1)  Establishing the fiscal year of the Interstate
335	Commission;
336	(2)  Establishing an executive committee and such other
337	committees as may be necessary;
338	(3)  Providing for the establishment of committees
339	governing any general or specific delegation of any authority or
340	function of the Interstate Commission;
341	(4)  Providing reasonable procedures for calling and
342	conducting meetings of the Interstate Commission and ensuring
343	reasonable notice of each such meeting;
344	(5)  Establishing the titles and responsibilities of the
345	officers of the Interstate Commission;
346	(6)  Providing a mechanism for concluding the operation of
347	the Interstate Commission and the return of any surplus funds
348	that may exist upon the termination of the compact after the
349	payment or reserving all of its debts and obligations;
350	(7)  Providing start-up rules for initial administration of
351	the compact; and
352	(8)  Establishing standards and procedures for compliance
353	and technical assistance in carrying out the compact.
354	Section B.  Officers and staff.--
355	(1)  The Interstate Commission shall, by a majority of the
356	members, elect annually from among its members a chairperson and
357	vice chairperson, each of whom shall have such authority and
358	duties as may be specified in the bylaws. The chairperson or, in
359	the chairperson's absence or disability, the vice chairperson
360	shall preside at all meetings of the Interstate Commission. The
361	officers so elected shall serve without compensation or
362	remuneration from the Interstate Commission; provided that,
363	subject to the availability of budgeted funds, the officers
364	shall be reimbursed for any ordinary and necessary costs and
365	expenses incurred by them in the performance of their duties and
366	responsibilities as officers of the Interstate Commission.
367	(2)  The Interstate Commission shall, through its executive
368	committee, appoint or retain an executive director for such
369	period, upon such terms and conditions, and for such
370	compensation as the Interstate Commission deems appropriate. The
371	executive director shall serve as secretary to the Interstate
372	Commission, but may not be a member, and shall hire and
373	supervise such other staff as may be authorized by the
374	Interstate Commission.
375	Section C.  Qualified immunity, defense, and
376	indemnification.--
377	(1)  The Interstate Commission's executive director and
378	employees shall be immune from suit and liability, either
379	personally or in their official capacity, for any claim for
380	damage to or loss of property or personal injury or other civil
381	liability caused or arising out of or relating to any actual or
382	alleged act, error, or omission that occurred, or that such
383	person had a reasonable basis for believing occurred, within the
384	scope of commission employment, duties, or responsibilities;
385	provided that any such person is not protected from suit or
386	liability for any damage, loss, injury, or liability caused by
387	the intentional or willful and wanton misconduct of any such
388	person.
389	(2)  The liability of any commissioner, or the employee or
390	agent of a commissioner, acting within the scope of such
391	person's employment or duties for acts, errors, or omissions
392	occurring within such person's state may not exceed the limits
393	of liability set forth under the constitution and laws of that
394	state for state officials, employees, and agents. Nothing in
395	this subsection shall be construed to protect any such person
396	from suit or liability for any damage, loss, injury, or
397	liability caused by the intentional or willful and wanton
398	misconduct of any such person.
399	(3)  The Interstate Commission shall defend the executive
400	director or the employees or representatives of the Interstate
401	Commission and, subject to the approval of the Attorney General
402	of the state represented by any commissioner of a compacting
403	state, shall defend such commissioner or the commissioner's
404	representatives or employees in any civil action seeking to
405	impose liability arising out of any actual or alleged act,
406	error, or omission that occurred within the scope of Interstate
407	Commission employment, duties, or responsibilities, or that the
408	defendant had a reasonable basis for believing occurred within
409	the scope of Interstate Commission employment, duties, or
410	responsibilities; provided that the actual or alleged act,
411	error, or omission did not result from intentional or willful
412	and wanton misconduct on the part of such person.
413	(4)  The Interstate Commission shall indemnify and hold the
414	commissioner of a compacting state or the commissioner's
415	representatives or employees, or the Interstate Commission's
416	representatives or employees, harmless in the amount of any
417	settlement or judgment obtained against such persons arising out
418	of any actual or alleged act, error, or omission that occurred
419	within the scope of Interstate Commission employment, duties, or
420	responsibilities, or that such persons had a reasonable basis
421	for believing occurred within the scope of Interstate Commission
422	employment, duties, or responsibilities; provided that the
423	actual or alleged act, error, or omission did not result from
424	intentional or willful and wanton misconduct on the part of such
425	persons.
426
427	ARTICLE VI
428
429	RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--
430	(1)  The Interstate Commission shall adopt and publish
431	rules in order to effectively and efficiently achieve the
432	purposes of the compact.
433	(2)  Rulemaking shall occur pursuant to the criteria set
434	forth in this article and the bylaws and rules adopted pursuant
435	thereto. Such rulemaking shall substantially conform to the
436	principles of the "Model State Administrative Procedures Act,"
437	1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such
438	other administrative procedures act as the Interstate Commission
439	deems appropriate consistent with due process requirements under
440	the United States Constitution as now or hereafter interpreted
441	by the United States Supreme Court. All rules and amendments
442	shall become binding as of the date specified, as published with
443	the final version of the rule as approved by the Interstate
444	Commission.
445	(3)  When adopting a rule, the Interstate Commission shall,
446	at a minimum:
447	(a)  Publish the proposed rule's entire text stating the
448	reason for that proposed rule;
449	(b)  Allow and invite any and all persons to submit written
450	data, facts, opinions, and arguments, which information shall be
451	added to the record and made publicly available;
452	(c)  Provide an opportunity for an informal hearing if
453	petitioned by 10 or more persons; and
454	(d)  Adopt a final rule and its effective date, if
455	appropriate, based on input from state or local officials or
456	interested parties.
457	(4)  Allow, not later than 60 days after a rule is adopted,
458	any interested person to file a petition in the United States
459	District Court for the District of Columbia, or in the Federal
460	District Court where the Interstate Commission's principal
461	office is located, for judicial review of such rule. If the
462	court finds that the Interstate Commission's actions are not
463	supported by the substantial evidence in the rulemaking record,
464	the court shall hold the rule unlawful and set it aside. For
465	purposes of this subsection, evidence is substantial if it would
466	be considered substantial evidence under the Model State
467	Administrative Procedures Act.
468	(5)  If a majority of the legislatures of the compacting
469	states rejects a rule, those states may, by enactment of a
470	statute or resolution in the same manner used to adopt the
471	compact, cause that such rule shall have no further force and
472	effect in any compacting state.
473	(6)  The existing rules governing the operation of the
474	Interstate Compact on Juveniles superseded by this act shall be
475	null and void 12 months after the first meeting of the
476	Interstate Commission created hereunder.
477	(7)  Upon determination by the Interstate Commission that a
478	state of emergency exists, it may adopt an emergency rule that
479	shall become effective immediately upon adoption; provided that
480	the usual rulemaking procedures provided hereunder shall be
481	retroactively applied to said rule as soon as reasonably
482	possible, but no later than 90 days after the effective date of
483	the emergency rule.
484
485	ARTICLE VII
486
487	OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
488	INTERSTATE COMMISSION.--
489	Section A.  Oversight.--
490	(1)  The Interstate Commission shall oversee the
491	administration and operations of the interstate movement of
492	juveniles subject to this compact in the compacting states and
493	shall monitor such activities being administered in
494	noncompacting states which may significantly affect compacting
495	states.
496	(2)  The courts and executive agencies in each compacting
497	state shall enforce this compact and shall take all actions
498	necessary and appropriate to effectuate the compact's purposes
499	and intent. The provisions of this compact and the rules adopted
500	hereunder shall be received by all the judges, public officers,
501	commissions, and departments of the state government as evidence
502	of the authorized statute and administrative rules. All courts
503	shall take judicial notice of the compact and the rules. In any
504	judicial or administrative proceeding in a compacting state
505	pertaining to the subject matter of this compact which may
506	affect the powers, responsibilities, or actions of the
507	Interstate Commission, the commission shall be entitled to
508	receive all service of process in any such proceeding and shall
509	have standing to intervene in the proceeding for all purposes.
510	Section B.  Dispute resolution.--
511	(1)  The compacting states shall report to the Interstate
512	Commission on all issues and activities necessary for the
513	administration of the compact as well as issues and activities
514	pertaining to compliance with the provisions of the compact and
515	its bylaws and rules.
516	(2)  The Interstate Commission shall attempt, upon the
517	request of a compacting state, to resolve any disputes or other
518	issues that are subject to the compact and that may arise among
519	compacting states and between compacting and noncompacting
520	states. The commission shall adopt a rule providing for both
521	mediation and binding dispute resolution for disputes among the
522	compacting states.
523	(3)  The Interstate Commission, in the reasonable exercise
524	of its discretion, shall enforce the provisions and rules of
525	this compact using any or all means set forth in Article XI of
526	this compact.
527
528	ARTICLE VIII
529
530	FINANCE.--
531	(1)  The Interstate Commission shall pay or provide for the
532	payment of the reasonable expenses of its establishment,
533	organization, and ongoing activities.
534	(2)  The Interstate Commission shall levy on and collect an
535	annual assessment from each compacting state to cover the cost
536	of the internal operations and activities of the Interstate
537	Commission and its staff which must be in a total amount
538	sufficient to cover the Interstate Commission's annual budget as
539	approved each year. The aggregate annual assessment amount shall
540	be allocated based upon a formula to be determined by the
541	Interstate Commission, taking into consideration the population
542	of each compacting state and the volume of interstate movement
543	of juveniles in each compacting state, and the Interstate
544	Commission shall adopt a rule that is binding upon all
545	compacting states governing the assessment.
546	(3)  The Interstate Commission shall not incur any
547	obligations of any kind prior to securing the funds adequate to
548	meet the same, nor shall the Interstate Commission pledge the
549	credit of any of the compacting states, except by and with the
550	authority of the compacting state.
551	(4)  The Interstate Commission shall keep accurate accounts
552	of all receipts and disbursements. The receipts and
553	disbursements of the Interstate Commission shall be subject to
554	the audit and accounting procedures established under its
555	bylaws. However, all receipts and disbursements of funds handled
556	by the Interstate Commission shall be audited yearly by a
557	certified or licensed public accountant, and the report of the
558	audit shall be included in and become part of the annual report
559	of the Interstate Commission.
560
561	ARTICLE IX
562
563	THE STATE COUNCIL.--Each member shall create a State
564	Council for Interstate Juvenile Supervision. While each state
565	may determine the membership of its own state council, its
566	membership must include at least one representative from the
567	legislative, judicial, and executive branches of government; at
568	least one representative of victims groups; a parent of a youth
569	who is not currently in the juvenile justice system; and the
570	compact administrator, deputy compact administrator, or
571	designee. Each compacting state retains the right to determine
572	the qualifications of the compact administrator or deputy
573	compact administrator. Each state council may advise and
574	exercise oversight and advocacy concerning that state's
575	participation in the activities of the Interstate Commission and
576	other duties as may be determined by that state, including, but
577	not limited to, development of policy concerning operations and
578	procedures of the compact within that state.
579
580	ARTICLE X
581
582	COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT.--
583	(1)  Any state, including the District of Columbia (or its
584	designee), the Commonwealth of Puerto Rico, the United States
585	Virgin Islands, Guam, American Samoa, and the Northern Mariana
586	Islands, as defined in Article II of this compact, is eligible
587	to become a compacting state.
588	(2)  The compact shall become effective and binding upon
589	legislative enactment of the compact into law by no less than 35
590	of the states. The initial effective date shall be the later of
591	July 1, 2005, or upon enactment into law by the 35th
592	jurisdiction. Thereafter, it shall become effective and binding
593	as to any other compacting state upon enactment of the compact
594	into law by that state. The governors of nonmember states or
595	their designees shall be invited to participate in the
596	activities of the Interstate Commission on a nonvoting basis
597	prior to adoption of the compact by all states and territories
598	of the United States.
599	(3)  The Interstate Commission may propose amendments to
600	the compact for enactment by the compacting states. No amendment
601	shall become effective and binding upon the Interstate
602	Commission and the compacting states unless and until it is
603	enacted into law by unanimous consent of the compacting states.
604
605	ARTICLE XI
606
607	WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
608	ENFORCEMENT.--
609	Section A.  Withdrawal.--
610	(1)  Once effective, the compact shall continue in force
611	and remain binding upon each and every compacting state;
612	provided that a compacting state may withdraw from the compact
613	by specifically repealing the statute that enacted the compact
614	into law.
615	(2)  The effective date of withdrawal is the effective date
616	of the repeal.
617	(3)  The withdrawing state shall immediately notify the
618	chairperson of the Interstate Commission in writing upon the
619	introduction of legislation repealing this compact in the
620	withdrawing state. The Interstate Commission shall notify the
621	other compacting states of the withdrawing state's intent to
622	withdraw within 60 days after its receipt thereof.
623	(4)  The withdrawing state is responsible for all
624	assessments, obligations, and liabilities incurred through the
625	effective date of withdrawal, including any obligations the
626	performance of which extends beyond the effective date of
627	withdrawal.
628	(5)  Reinstatement following withdrawal of any compacting
629	state shall occur upon the withdrawing state's reenacting the
630	compact or upon such later date as determined by the Interstate
631	Commission.
632	Section B.  Technical assistance, fines, suspension,
633	termination, and default.--
634	(1)  If the Interstate Commission determines that any
635	compacting state has at any time defaulted in the performance of
636	any of its obligations or responsibilities under this compact,
637	or the bylaws or duly adopted rules, the Interstate Commission
638	may impose any or all of the following penalties:
639	(a)  Remedial training and technical assistance as directed
640	by the Interstate Commission;
641	(b)  Alternative dispute resolution;
642	(c)  Fines, fees, and costs in such amounts as are deemed
643	to be reasonable as fixed by the Interstate Commission; or
644	(d)  Suspension or termination of membership in the
645	compact, which shall be imposed only after all other reasonable
646	means of securing compliance under the bylaws and rules have
647	been exhausted and the Interstate Commission has therefore
648	determined that the offending state is in default. Immediate
649	notice of suspension shall be given by the Interstate Commission
650	to the Governor, the Chief Justice or the Chief Judicial Officer
651	of the state, the majority and the minority leaders of the
652	defaulting state's legislature, and the state council. The
653	grounds for default include, but are not limited to, failure of
654	a compacting state to perform such obligations or
655	responsibilities imposed upon it by this compact, the bylaws, or
656	duly adopted rules and any other ground designated in commission
657	bylaws and rules. The Interstate Commission shall immediately
658	notify the defaulting state in writing of the penalty imposed by
659	the Interstate Commission and of the default pending a cure of
660	the default. The commission shall stipulate the conditions and
661	the time period within which the defaulting state must cure its
662	default. If the defaulting state fails to cure the default
663	within the period specified by the commission, the defaulting
664	state shall be terminated from the compact upon an affirmative
665	vote of a majority of the compacting states and all rights,
666	privileges, and benefits conferred by this compact shall be
667	terminated from the effective date of termination.
668	(2)  Within 60 days after the effective date of termination
669	of a defaulting state, the Interstate Commission shall notify
670	the Governor, the Chief Justice or Chief Judicial Officer, the
671	majority and minority leaders of the defaulting state's
672	legislature, and the state council of such termination.
673	(3)  The defaulting state is responsible for all
674	assessments, obligations, and liabilities incurred through the
675	effective date of termination, including any obligations the
676	performance of which extends beyond the effective date of
677	termination.
678	(4)  The Interstate Commission shall not bear any costs
679	relating to the defaulting state unless otherwise mutually
680	agreed upon in writing between the Interstate Commission and the
681	defaulting state.
682	(5)  Reinstatement following termination of any compacting
683	state requires both a reenactment of the compact by the
684	defaulting state and the approval of the Interstate Commission
685	pursuant to the rules.
686	Section C.  Judicial enforcement.--The Interstate
687	Commission may, by majority vote of the members, initiate legal
688	action in the United States District Court for the District of
689	Columbia or, at the discretion of the Interstate Commission, in
690	the federal district where the Interstate Commission has its
691	offices, to enforce compliance with the provisions of the
692	compact and its duly adopted rules and bylaws against any
693	compacting state in default. In the event judicial enforcement
694	is necessary, the prevailing party shall be awarded all costs of
695	such litigation, including reasonable attorney's fees.
696	Section D.  Dissolution of compact.--
697	(1)  The compact dissolves effective upon the date of the
698	withdrawal or default of the compacting state which reduces
699	membership in the compact to one compacting state.
700	(2)  Upon the dissolution of the compact, the compact
701	becomes null and void and shall be of no further force or
702	effect, the business and affairs of the Interstate Commission
703	shall be concluded, and any surplus funds shall be distributed
704	in accordance with the bylaws.
705
706	ARTICLE XII
707
708	SEVERABILITY AND CONSTRUCTION.--
709	(1)  The provisions of this compact are severable, and if
710	any phrase, clause, sentence, or provision is deemed
711	unenforceable, the remaining provisions of the compact shall be
712	enforceable.
713	(2)  The provisions of this compact shall be liberally
714	construed to effectuate its purposes.
715
716	ARTICLE XIII
717
718	BINDING EFFECT OF COMPACT AND OTHER LAWS.--
719	Section A.  Other laws.--
720	(1)  Nothing herein prevents the enforcement of any other
721	law of a compacting state which is not inconsistent with this
722	compact.
723	(2)  All compacting states' laws other than state
724	constitutions and other interstate compacts conflicting with
725	this compact are superseded to the extent of the conflict.
726	Section B.  Binding effect of the compact.--
727	(1)  All lawful actions of the Interstate Commission,
728	including all rules and bylaws adopted by the Interstate
729	Commission, are binding upon the compacting states.
730	(2)  All agreements between the Interstate Commission and
731	the compacting states are binding in accordance with their
732	terms.
733	(3)  Upon the request of a party to a conflict over meaning
734	or interpretation of Interstate Commission actions, and upon a
735	majority vote of the compacting states, the Interstate
736	Commission may issue advisory opinions regarding such meaning or
737	interpretation.
738	(4)  In the event any provision of this compact exceeds the
739	constitutional limits imposed on any compacting state, the
740	obligations, duties, powers, or jurisdiction sought to be
741	conferred by such provision upon the Interstate Commission shall
742	be ineffective and such obligations, duties, powers, or
743	jurisdiction shall remain in the compacting state and shall be
744	exercised by the agency thereof to which such obligations,
745	duties, powers, or jurisdiction are delegated by law in effect
746	at the time this compact becomes effective.
747	Section 2.  Section 985.5025, Florida Statutes, is created
748	to read:
749	985.5025  State Council for Interstate Juvenile Offender
750	Supervision.--
751	(1)  Pursuant to Article IX of the Interstate Compact for
752	Juveniles in s. 985.502, the State Council for Interstate
753	Juvenile Offender Supervision is created. The purpose of the
754	council is to oversee state participation in the activities of
755	the Interstate Commission for Juveniles.
756	(2)  The council shall consist of seven members and the
757	Secretary of the Department of Juvenile Justice or his or her
758	designee, who shall serve as the chair of the council and may
759	vote only to break a tie. The compact administrator or his or
760	her designee and the Executive Director of the Department of Law
761	Enforcement or his or her designee shall serve as members of the
762	council. The remaining members shall be appointed by the
763	Governor for terms of 4 years; however, the Governor may, in
764	writing and on an individual basis for each appointee, delegate
765	the power of appointment to the Secretary of Juvenile Justice.
766	Of the initial appointees, one shall be appointed for a term of
767	1 year, one shall be appointed for a term of 2 years, one shall
768	be appointed for a term of 3 years, and two shall be appointed
769	for terms of 4 years each.
770	(3)  Appointees shall be selected from individuals with
771	personal or professional experience in the juvenile justice
772	system and may include a victim's advocate, employees of the
773	Department of Children and Family Services, employees of the
774	Department of Law Enforcement who work with missing and
775	exploited children, and a parent who, at the time of
776	appointment, does not have a child involved in the juvenile
777	justice system.
778	(4)  Council members shall serve without compensation, but
779	they are entitled to reimbursement for per diem and travel
780	expenses as provided in s. 112.061.
781	(5)  The provisions of s. 24, Art. I of the State
782	Constitution and of chapter 119 and s. 286.011 apply to
783	proceedings and records of the council. Minutes, including a
784	record of all votes cast, must be maintained for all meetings.
785	(6)  If the council is abolished, its records must be
786	appropriately stored, within 30 days after the effective date of
787	its abolition, by the Department of Juvenile Justice or its
788	successor agency. Any property assigned to the council must be
789	reclaimed by the department or its successor agency. The council
790	may not perform any activities after the effective date of its
791	abolition.
792	Section 3.  Sections 985.503, 985.504, 985.505, 985.506,
793	and 985.507, Florida Statutes, are repealed.
794	Section 4.  Sections 985.502 and 985.5025, Florida
795	Statutes, shall stand repealed 2 years after the effective date
796	of this act unless reviewed and saved from repeal through
797	reenactment by the Legislature.
798	Section 5.  This act shall take effect July 1, 2005, or
799	upon enactment of the compact into law by the 35th compacting
800	state, whichever date occurs later.

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