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Senate Bill 2626

Senate Bill sb2626

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2626

    By Senator Crist





    12-2016-04

  1                      A bill to be entitled

  2         An act relating to the Interstate Compact for

  3         Juveniles; amending s. 985.502, F.S.; revising

  4         provisions of the former Interstate Compact on

  5         Juveniles; providing purpose of the compact;

  6         providing definitions; providing for an

  7         Interstate Commission for Juveniles; providing

  8         for the appointment of commissioners; providing

  9         for an executive committee; providing for

10         meetings and for closure of certain meetings;

11         providing powers and duties of the Interstate

12         Commission; providing for its organization and

13         operation; providing for bylaws, officers, and

14         staff; providing for qualified immunity from

15         liability for the commissioners, the executive

16         director, and employees; requiring the

17         Interstate Commission to adopt rules; providing

18         for oversight, enforcement, and dispute

19         resolution by the Interstate Commission;

20         providing for the activities of the Interstate

21         Commission to be financed by an annual

22         assessment from each compacting state;

23         requiring member states to create a State

24         Council for Interstate Juvenile Supervision;

25         providing for the effective date of the compact

26         and amendments thereto; providing for a state's

27         withdrawal from and reinstatement to the

28         compact; providing for assistance, certain

29         penalties, suspension, or termination following

30         default by a state; providing for judicial

31         enforcement; providing for dissolution of the

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 1         compact; providing for severability and

 2         construction of the compact; providing for the

 3         effect of the compact with respect to other

 4         laws and for its binding effect; repealing ss.

 5         985.503, 985.504, 985.505, 985.506, and

 6         985.507, F.S., relating to obsolete provisions

 7         governing the former compact superseded by the

 8         act; providing an effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  985.502, Florida Statutes, is amended to

13  read:

14         (Substantial rewording of section. See

15         s. 985.502, F.S., for present text.)

16         985.502  Execution of compact.--The Governor shall

17  execute a compact on behalf of this state with any other state

18  or states legally joining therein in the form substantially as

19  follows:

20  

21               THE INTERSTATE COMPACT FOR JUVENILES

22  

23                            ARTICLE I

24  

25         PURPOSE.--

26         (1)  The compacting states to this Interstate Compact

27  recognize that each state is responsible for the proper

28  supervision or return of juveniles, delinquents, and status

29  offenders who are on probation or parole and who have

30  absconded, escaped, or run away from supervision and control

31  and in so doing have endangered their own safety and the

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    Florida Senate - 2004                                  SB 2626
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 1  safety of others. The compacting states also recognize that

 2  each state is responsible for the safe return of juveniles who

 3  have run away from home and in doing so have left their state

 4  of residence. The compacting states also recognize that

 5  Congress, by enacting the Crime Control Act, 4 U.S.C. s. 112

 6  (1965), has authorized and encouraged compacts for cooperative

 7  efforts and mutual assistance in the prevention of crime.

 8         (2)  It is the purpose of this compact, through means

 9  of joint and cooperative action among the compacting states

10  to: (A) ensure that the adjudicated juveniles and status

11  offenders subject to this compact are provided adequate

12  supervision and services in the receiving state as ordered by

13  the adjudicating judge or parole authority in the sending

14  state; (B) ensure that the public safety interests of the

15  public, including the victims of juvenile offenders, in both

16  the sending and receiving states are adequately protected; (C)

17  return juveniles who have run away, absconded, or escaped from

18  supervision or control or who have been accused of an offense

19  to the state requesting their return; (D) make contracts for

20  the cooperative institutionalization in public facilities in

21  member states for delinquent youth needing special services;

22  (E) provide for the effective tracking and supervision of

23  juveniles; (F) equitably allocate the costs, benefits, and

24  obligations of the compacting states; (G) establish procedures

25  to manage the movement between states of juvenile offenders

26  released to the community under the jurisdiction of courts,

27  juvenile departments, or any other criminal or juvenile

28  justice agency that has jurisdiction over juvenile offenders;

29  (H) ensure immediate notice to jurisdictions where defined

30  offenders are authorized to travel or to relocate across state

31  lines; (I) establish procedures to resolve pending charges

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 1  (detainers) against juvenile offenders prior to transfer or

 2  release to the community under the terms of this compact; (J)

 3  establish a system of uniform data collection of information

 4  pertaining to juveniles subject to this compact which allows

 5  access by authorized juvenile justice and criminal justice

 6  officials, and regular reporting of activities under this

 7  compact to heads of state executive, judicial, and legislative

 8  branches and juvenile and criminal justice administrators; (K)

 9  monitor compliance with rules governing interstate movement of

10  juveniles and initiate interventions to address and correct

11  noncompliance; (L) coordinate training and education regarding

12  the regulation of interstate movement of juveniles for

13  officials involved in such activity; and (M) coordinate the

14  implementation and operation of the compact with the

15  Interstate Compact for the Placement of Children, the

16  Interstate Compact for Adult Offender Supervision, and other

17  compacts affecting juveniles particularly in those cases where

18  concurrent or overlapping supervision issues arise. It is the

19  policy of the compacting states that the activities conducted

20  by the Interstate Commission created in this compact are the

21  formation of public policies and therefore are public

22  business. Furthermore, the compacting states shall cooperate

23  and observe their individual and collective duties and

24  responsibilities for the prompt return and acceptance of

25  juveniles subject to the provisions of the compact. The

26  provisions of the compact shall be reasonably and liberally

27  construed to accomplish the purposes and policies of the

28  compact.

29  

30                            ARTICLE II

31  

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 1         DEFINITIONS.--As used in this compact, unless the

 2  context clearly requires a different construction:

 3         (1)  "Bylaws" means those bylaws established by the

 4  Interstate Commission for its governance or for directing or

 5  controlling its actions or conduct.

 6         (2)  "Compact administrator" means the individual in

 7  each compacting state, appointed pursuant to the terms of this

 8  compact, who is responsible for the administration and

 9  management of the state's supervision and transfer of

10  juveniles subject to the terms of this compact, the rules

11  adopted by the Interstate Commission, and the policies adopted

12  by the state council under this compact.

13         (3)  "Compacting state" means any state that has

14  enacted the enabling legislation for this compact.

15         (4)  "Commissioner" means the voting representative of

16  each compacting state appointed pursuant to Article III of

17  this compact.

18         (5)  "Court" means any court having jurisdiction over

19  delinquent, neglected, or dependent children.

20         (6)  "Deputy compact administrator" means the

21  individual, if any, in each compacting state appointed to act

22  on behalf of a compact administrator pursuant to the terms of

23  the compact who is responsible for the administration and

24  management of the state's supervision and transfer of

25  juveniles subject to the terms of this compact, the rules

26  adopted by the Interstate Commission, and the policies adopted

27  by the state council under this compact.

28         (7)  "Interstate Commission" means the Interstate

29  Commission for Juveniles created by Article III of this

30  compact.

31  

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 1         (8)  "Juvenile" means any person defined as a juvenile

 2  in any member state or by the rules of the Interstate

 3  Commission, including:

 4         (a)  Accused delinquent - a person charged with an

 5  offense that, if committed by an adult, would be a criminal

 6  offense;

 7         (b)  Adjudicated delinquent - a person found to have

 8  committed an offense that, if committed by an adult, would be

 9  a criminal offense;

10         (c)  Accused status offender - a person charged with an

11  offense that would not be a criminal offense if committed by

12  an adult;

13         (d)  Adjudicated status offender - a person found to

14  have committed an offense that would not be a criminal offense

15  if committed by an adult; and

16         (e)  Nonoffender - a person in need of supervision who

17  has not been accused or adjudicated a status offender or

18  delinquent.

19         (9)  "Noncompacting state" means any state that has not

20  enacted the enabling legislation for this compact.

21         (10)  "Probation or parole" means any kind of

22  supervision or conditional release of juveniles authorized

23  under the laws of the compacting states.

24         (11)  "Rule" means a written statement by the

25  Interstate Commission adopted pursuant to Article VI of this

26  compact which is of general applicability and which

27  implements, interprets, or prescribes a policy or provision of

28  the compact, or an organizational, procedural, or practice

29  requirement of the commission, and has the force and effect of

30  statutory law in a compacting state, and includes the

31  amendment, repeal, or suspension of an existing rule.

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 1         (12)  "State" means a state of the United States, the

 2  District of Columbia (or its designee), the Commonwealth of

 3  Puerto Rico, the United States Virgin Islands, Guam, American

 4  Samoa, and the Northern Mariana Islands.

 5  

 6                           ARTICLE III

 7  

 8         INTERSTATE COMMISSION FOR JUVENILES.--

 9         (1)  The compacting states hereby create the

10  "Interstate Commission for Juveniles." The Interstate

11  Commission shall be a body corporate and joint agency of the

12  compacting states. The Interstate Commission shall have all

13  the responsibilities, powers, and duties set forth in this

14  compact, and such additional powers as may be conferred upon

15  it by subsequent action of the respective legislatures of the

16  compacting states in accordance with the terms of this

17  compact.

18         (2)  The Interstate Commission shall consist of

19  commissioners appointed by the appropriate appointing

20  authority in each state pursuant to the rules and requirements

21  of each compacting state and in consultation with the State

22  Council for Interstate Juvenile Supervision created hereunder.

23  The commissioner shall be the compact administrator, deputy

24  compact administrator, or designee from that state who shall

25  serve on the Interstate Commission in such capacity under or

26  pursuant to the applicable law of the compacting state.

27         (3)  In addition to the commissioners who are the

28  voting representatives of each state, the Interstate

29  Commission shall include individuals who are not

30  commissioners, but who are members of interested

31  organizations. Such noncommissioner members must include a

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 1  member of the national organization of governors,

 2  legislatures, state chief justices, attorneys general,

 3  Interstate Compact for Adult Offender Supervision, Interstate

 4  Compact for the Placement of Children, juvenile justice and

 5  juvenile corrections officials, and crime victims. All

 6  noncommissioner members of the Interstate Commission shall be

 7  ex officio, nonvoting members. The Interstate Commission may

 8  provide in its bylaws for such additional ex officio,

 9  nonvoting members, including members of other national

10  organizations, in such numbers as shall be determined by the

11  Interstate Commission.

12         (4)  Each compacting state represented at any meeting

13  of the Interstate Commission is entitled to one vote. A

14  majority of the compacting states shall constitute a quorum

15  for the transaction of business, unless a larger quorum is

16  required by the bylaws of the Interstate Commission.

17         (5)  The Interstate Commission shall establish an

18  executive committee, which shall include commission officers,

19  members, and others as determined by the bylaws. The executive

20  committee shall have the power to act on behalf of the

21  Interstate Commission during periods when the Interstate

22  Commission is not in session, with the exception of rulemaking

23  or amendment to the compact. The executive committee shall

24  oversee the day-to-day activities of the administration of the

25  compact, which shall be managed by an executive director and

26  Interstate Commission staff. The executive committee shall

27  administer enforcement and compliance with the provision of

28  the compact, its bylaws, and rules, and shall perform other

29  duties as directed by the Interstate Commission or set forth

30  in the bylaws.

31  

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 1         (6)  Each member of the Interstate Commission shall

 2  have the right and power to cast a vote to which that

 3  compacting state is entitled and to participate in the

 4  business and affairs of the Interstate Commission. A member

 5  shall vote in person and may not delegate a vote to another

 6  compacting state. However, a commissioner, in consultation

 7  with the state council, shall appoint another authorized

 8  representative, in the absence of the commissioner from that

 9  state, to cast a vote on behalf of the compacting state at a

10  specified meeting. The bylaws may provide for members'

11  participation in meetings by telephone or other means of

12  telecommunication or electronic communication.

13         (7)  The Interstate Commission's bylaws shall establish

14  conditions and procedures under which the Interstate

15  Commission shall make its information and official records

16  available to the public for inspection or copying. The

17  Interstate Commission may exempt from disclosure any

18  information or official records to the extent they would

19  adversely affect personal privacy rights or proprietary

20  interests.

21         (8)  Public notice shall be given of all meetings, and

22  all meetings shall be open to the public, except as set forth

23  in the rules or as otherwise provided in the compact. The

24  Interstate Commission and any of its committees may close a

25  meeting to the public if it determines by two-thirds vote that

26  an open meeting would be likely to:

27         (a)  Relate solely to the Interstate Commission's

28  internal personnel practices and procedures;

29         (b)  Disclose matters specifically exempted from

30  disclosure by statute;

31  

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 1         (c)  Disclose trade secrets or commercial or financial

 2  information that is privileged or confidential;

 3         (d)  Involve accusing any person of a crime or formally

 4  censuring any person;

 5         (e)  Disclose information of a personal nature where

 6  disclosure would constitute a clearly unwarranted invasion of

 7  personal privacy;

 8         (f)  Disclose investigative records compiled for law

 9  enforcement purposes;

10         (g)  Disclose information contained in or related to

11  examination, operating, or condition reports prepared by, or

12  on behalf of or for the use of, the Interstate Commission with

13  respect to a regulated person or entity for the purpose of

14  regulation or supervision of such person or entity;

15         (h)  Disclose information, the premature disclosure of

16  which would significantly endanger the stability of a

17  regulated person or entity; or

18         (i)  Disclose information specifically related to the

19  Interstate Commission's issuance of a subpoena, or its

20  participation in a civil action or other legal proceeding.

21         (9)  For every meeting closed pursuant to subsection

22  (8), the Interstate Commission's legal counsel shall publicly

23  certify that, in the legal counsel's opinion, the meeting may

24  be closed to the public, and shall reference each relevant

25  exemptive provision. The Interstate Commission shall keep

26  minutes that fully and clearly describe all matters discussed

27  in any meeting and shall provide a full and accurate summary

28  of any actions taken, and the reason therefore, including a

29  description of each of the views expressed on any item and the

30  record of any roll call vote, reflected in the vote of each

31  

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 1  member on the question. All documents considered in connection

 2  with any action must be identified in such minutes.

 3         (10)  The Interstate Commission shall collect

 4  standardized data concerning the interstate movement of

 5  juveniles as directed through its rules, which shall specify

 6  the data to be collected, the means of collection and data

 7  exchange, and reporting requirements. Such methods of data

 8  collection, exchange, and reporting shall, insofar as is

 9  reasonably possible, conform to up-to-date technology and

10  coordinate its information functions with the appropriate

11  repository of records.

12  

13                            ARTICLE IV

14  

15         POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The

16  Interstate Commission shall have the following powers and

17  duties:

18         (1)  To provide for dispute resolution among compacting

19  states.

20         (2)  To adopt rules to affect the purposes and

21  obligations as enumerated in this compact, and which shall

22  have the force and effect of statutory law and shall be

23  binding in the compacting states to the extent and in the

24  manner provided in this compact.

25         (3)  To oversee, supervise, and coordinate the

26  interstate movement of juveniles subject to the terms of this

27  compact and any bylaws and rules adopted by the Interstate

28  Commission.

29         (4)  To enforce compliance with the compact provisions,

30  the rules adopted by the Interstate Commission, and the

31  

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 1  bylaws, using all necessary and proper means, including, but

 2  not limited to, the use of judicial process.

 3         (5)  To establish and maintain offices that are located

 4  within one or more of the compacting states.

 5         (6)  To purchase and maintain insurance and bonds.

 6         (7)  To borrow, accept, hire, or contract for services

 7  of personnel.

 8         (8)  To establish and appoint committees and hire staff

 9  that it deems necessary for carrying out its functions,

10  including, but not limited to, an executive committee as

11  required in Article III which shall have the power to act on

12  behalf of the Interstate Commission in carrying out its powers

13  and duties hereunder.

14         (9)  To elect or appoint such officers, attorneys,

15  employees, agents, or consultants; to fix their compensation,

16  define their duties, and determine their qualifications; and

17  to establish the Interstate Commission's personnel policies

18  and programs relating to, inter alia, conflicts of interest,

19  rates of compensation, and qualifications of personnel.

20         (10)  To accept any and all donations and grants of

21  money, equipment, supplies, materials, and services, and to

22  receive, use, and dispose of such donations and grants.

23         (11)  To lease, purchase, accept contributions or

24  donations of, or otherwise to own, hold, improve, or use any

25  property, real, personal, or mixed.

26         (12)  To sell, convey, mortgage, pledge, lease,

27  exchange, abandon, or otherwise dispose of any property, real,

28  personal, or mixed.

29         (13)  To establish a budget and make expenditures and

30  levy dues as provided in Article VIII of this compact.

31         (14)  To sue and to be sued.

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 1         (15)  To adopt a seal and bylaws governing the

 2  management and operation of the Interstate Commission.

 3         (16)  To perform such functions as may be necessary or

 4  appropriate to achieve the purposes of this compact.

 5         (17)  To report annually to the legislatures,

 6  governors, judiciary, and state councils of the compacting

 7  states concerning the activities of the Interstate Commission

 8  during the preceding year. Such reports shall also include any

 9  recommendations that may have been adopted by the Interstate

10  Commission.

11         (18)  To coordinate education, training, and public

12  awareness regarding the interstate movement of juveniles for

13  officials involved in such activity.

14         (19)  To establish uniform standards of the reporting,

15  collecting, and exchanging of data.

16         (20)  To maintain its corporate books and records in

17  accordance with the bylaws.

18  

19                            ARTICLE V

20  

21         ORGANIZATION AND OPERATION OF THE INTERSTATE

22  COMMISSION.--

23         Section A.  Bylaws.--The Interstate Commission shall,

24  by a majority of the members present and voting, within 12

25  months after the first Interstate Commission meeting, adopt

26  bylaws to govern its conduct as may be necessary or

27  appropriate to carry out the purposes of the compact,

28  including, but not limited to:

29         (1)  Establishing the fiscal year of the Interstate

30  Commission;

31  

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 1         (2)  Establishing an executive committee and such other

 2  committees as may be necessary;

 3         (3)  Providing for the establishment of committees

 4  governing any general or specific delegation of any authority

 5  or function of the Interstate Commission;

 6         (4)  Providing reasonable procedures for calling and

 7  conducting meetings of the Interstate Commission, and ensuring

 8  reasonable notice of each such meeting;

 9         (5)  Establishing the titles and responsibilities of

10  the officers of the Interstate Commission;

11         (6)  Providing a mechanism for concluding the operation

12  of the Interstate Commission and the return of any surplus

13  funds that may exist upon the termination of the compact after

14  the payment or reserving all of its debts and obligations.

15         (7)  Providing start-up rules for initial

16  administration of the compact; and

17         (8)  Establishing standards and procedures for

18  compliance and technical assistance in carrying out the

19  compact.

20         Section B.  Officers and staff.--

21         (1)  The Interstate Commission shall, by a majority of

22  the members, elect annually from among its members a

23  chairperson and vice chairperson, each of whom shall have such

24  authority and duties as may be specified in the bylaws. The

25  chairperson or, in the chairperson's absence or disability,

26  the vice chairperson shall preside at all meetings of the

27  Interstate Commission. The officers so elected shall serve

28  without compensation or remuneration from the Interstate

29  Commission; provided that, subject to the availability of

30  budgeted funds, the officers shall be reimbursed for any

31  ordinary and necessary costs and expenses incurred by them in

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 1  the performance of their duties and responsibilities as

 2  officers of the Interstate Commission.

 3         (2)  The Interstate Commission shall, through its

 4  executive committee, appoint or retain an executive director

 5  for such period, upon such terms and conditions, and for such

 6  compensation as the Interstate Commission deems appropriate.

 7  The executive director shall serve as secretary to the

 8  Interstate Commission, but may not be a member and shall hire

 9  and supervise such other staff as may be authorized by the

10  Interstate Commission.

11         Section C.  Qualified immunity, defense, and

12  indemnification.--

13         (1)  The Interstate Commission's executive director and

14  employees shall be immune from suit and liability, either

15  personally or in their official capacity, for any claim for

16  damage to or loss of property or personal injury or other

17  civil liability caused or arising out of or relating to any

18  actual or alleged act, error, or omission that occurred, or

19  that such person had a reasonable basis for believing

20  occurred, within the scope of commission employment, duties,

21  or responsibilities; provided, that any such person is not

22  protected from suit or liability for any damage, loss, injury,

23  or liability caused by the intentional or willful and wanton

24  misconduct of any such person.

25         (2)  The liability of any commissioner, or the employee

26  or agent of a commissioner, acting within the scope of such

27  person's employment or duties for acts, errors, or omissions

28  occurring within such person's state may not exceed the limits

29  of liability set forth under the Constitution and laws of that

30  state for state officials, employees, and agents. Nothing in

31  this subsection shall be construed to protect any such person

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 1  from suit or liability for any damage, loss, injury, or

 2  liability caused by the intentional or willful and wanton

 3  misconduct of any such person.

 4         (3)  The Interstate Commission shall defend the

 5  executive director or the employees or representatives of the

 6  Interstate Commission and, subject to the approval of the

 7  Attorney General of the state represented by any commissioner

 8  of a compacting state, shall defend such commissioner or the

 9  commissioner's representatives or employees in any civil

10  action seeking to impose liability arising out of any actual

11  or alleged act, error, or omission that occurred within the

12  scope of Interstate Commission employment, duties, or

13  responsibilities, or that the defendant had a reasonable basis

14  for believing occurred within the scope of Interstate

15  Commission employment, duties, or responsibilities, provided

16  that the actual or alleged act, error, or omission did not

17  result from intentional or willful and wanton misconduct on

18  the part of such person.

19         (4)  The Interstate Commission shall indemnify and hold

20  the commissioner of a compacting state or the commissioner's

21  representatives or employees, or the Interstate Commission's

22  representatives or employees, harmless in the amount of any

23  settlement or judgment obtained against such persons arising

24  out of any actual or alleged act, error, or omission that

25  occurred within the scope of Interstate Commission employment,

26  duties, or responsibilities, or that such persons had a

27  reasonable basis for believing occurred within the scope of

28  Interstate Commission employment, duties, or responsibilities,

29  provided that the actual or alleged act, error, or omission

30  did not result from intentional or willful and wanton

31  misconduct on the part of such persons.

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 1  

 2                            ARTICLE VI

 3  

 4         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--

 5         (1)  The Interstate Commission shall adopt and publish

 6  rules in order to effectively and efficiently achieve the

 7  purposes of the compact.

 8         (2)  Rulemaking shall occur pursuant to the criteria

 9  set forth in this article and the bylaws and rules adopted

10  pursuant thereto. Such rulemaking shall substantially conform

11  to the principles of the "Model State Administrative

12  Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15,

13  p.1 (2000), or such other administrative procedures act as the

14  Interstate Commission deems appropriate consistent with due

15  process requirements under the United States Constitution as

16  now or hereafter interpreted by the United States Supreme

17  Court. All rules and amendments shall become binding as of the

18  date specified, as published with the final version of the

19  rule as approved by the Interstate Commission.

20         (3)  When adopting a rule, the Interstate Commission

21  shall, at a minimum:

22         (a)  Publish the proposed rule's entire text stating

23  the reason for that proposed rule;

24         (b)  Allow and invite any and all persons to submit

25  written data, facts, opinions, and arguments, which

26  information shall be added to the record and be made publicly

27  available;

28         (c)  Provide an opportunity for an informal hearing if

29  petitioned by 10 or more persons; and

30  

31  

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 1         (d)  Adopt a final rule and its effective date, if

 2  appropriate, based on input from state or local officials, or

 3  interested parties.

 4         (4)  Allow, not later than 60 days after a rule is

 5  adopted, any interested person to file a petition in the

 6  United States District Court for the District of Columbia, or

 7  in the Federal District Court where the Interstate

 8  Commission's principal office is located, for judicial review

 9  of such rule. If the court finds that the Interstate

10  Commission's actions are not supported by the substantial

11  evidence in the rulemaking record, the court shall hold the

12  rule unlawful and set it aside. For purposes of this

13  subsection, evidence is substantial if it would be considered

14  substantial evidence under the Model State Administrative

15  Procedures Act.

16         (5)  If a majority of the legislatures of the

17  compacting states rejects a rule, those states may, by

18  enactment of a statute or resolution in the same manner used

19  to adopt the compact, cause that such rule shall have no

20  further force and effect in any compacting state.

21         (6)  The existing rules governing the operation of the

22  Interstate Compact on Juveniles superseded by this act shall

23  be null and void 12 months after the first meeting of the

24  Interstate Commission created hereunder.

25         (6)  Upon determination by the Interstate Commission

26  that a state of emergency exists, it may adopt an emergency

27  rule that shall become effective immediately upon adoption,

28  provided that the usual rulemaking procedures provided

29  hereunder shall be retroactively applied to said rule as soon

30  as reasonably possible, but no later than 90 days after the

31  effective date of the emergency rule.

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 1  

 2                           ARTICLE VII

 3  

 4         OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE

 5  INTERSTATE COMMISSION.

 6         Section A.  Oversight.--

 7         (1)  The Interstate Commission shall oversee the

 8  administration and operations of the interstate movement of

 9  juveniles subject to this compact in the compacting states and

10  shall monitor such activities being administered in

11  noncompacting states which may significantly affect compacting

12  states.

13         (2)  The courts and executive agencies in each

14  compacting state shall enforce this compact and shall take all

15  actions necessary and appropriate to effectuate the compact's

16  purposes and intent. The provisions of this compact and the

17  rules adopted hereunder shall be received by all the judges,

18  public officers, commissions, and departments of the state

19  government as evidence of the authorized statute and

20  administrative rules. All courts shall take judicial notice of

21  the compact and the rules. In any judicial or administrative

22  proceeding in a compacting state pertaining to the subject

23  matter of this compact which may affect the powers,

24  responsibilities, or actions of the Interstate Commission, the

25  commission shall be entitled to receive all service of process

26  in any such proceeding and shall have standing to intervene in

27  the proceeding for all purposes.

28         Section B.  Dispute resolution.--

29         (1)  The compacting states shall report to the

30  Interstate Commission on all issues and activities necessary

31  for the administration of the compact as well as issues and

                                  19

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 1  activities pertaining to compliance with the provisions of the

 2  compact and its bylaws and rules.

 3         (2)  The Interstate Commission shall attempt, upon the

 4  request of a compacting state, to resolve any disputes or

 5  other issues that are subject to the compact and that may

 6  arise among compacting states and between compacting and

 7  noncompacting states. The commission shall adopt a rule

 8  providing for both mediation and binding dispute resolution

 9  for disputes among the compacting states.

10         (3)  The Interstate Commission, in the reasonable

11  exercise of its discretion, shall enforce the provisions and

12  rules of this compact using any or all means set forth in

13  Article XI of this compact.

14  

15                           ARTICLE VIII

16  

17         FINANCE.--

18         (1)  The Interstate Commission shall pay or provide for

19  the payment of the reasonable expenses of its establishment,

20  organization, and ongoing activities.

21         (2)  The Interstate Commission shall levy on and

22  collect an annual assessment from each compacting state to

23  cover the cost of the internal operations and activities of

24  the Interstate Commission and its staff which must be in a

25  total amount sufficient to cover the Interstate Commission's

26  annual budget as approved each year. The aggregate annual

27  assessment amount shall be allocated based upon a formula to

28  be determined by the Interstate Commission, taking into

29  consideration the population of each compacting state and the

30  volume of interstate movement of juveniles in each compacting

31  

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 1  state and shall adopt a rule that is binding upon all

 2  compacting states governing the assessment.

 3         (3)  The Interstate Commission shall not incur any

 4  obligations of any kind prior to securing the funds adequate

 5  to meet the same; nor shall the Interstate Commission pledge

 6  the credit of any of the compacting states, except by and with

 7  the authority of the compacting state.

 8         (4)  The Interstate Commission shall keep accurate

 9  accounts of all receipts and disbursements. The receipts and

10  disbursements of the Interstate Commission shall be subject to

11  the audit and accounting procedures established under its

12  bylaws. However, all receipts and disbursements of funds

13  handled by the Interstate Commission shall be audited yearly

14  by a certified or licensed public accountant and the report of

15  the audit shall be included in and become part of the annual

16  report of the Interstate Commission.

17  

18                            ARTICLE IX

19  

20         THE STATE COUNCIL.--Each member shall create a State

21  Council for Interstate Juvenile Supervision. While each state

22  may determine the membership of its own state council, its

23  membership must include at least one representative from the

24  legislative, judicial, and executive branches of government,

25  victims groups, and the compact administrator, deputy compact

26  administrator, or designee. Each compacting state retains the

27  right to determine the qualifications of the compact

28  administrator or deputy compact administrator. Each state

29  council may advise and exercise oversight and advocacy

30  concerning that state's participation in the activities of the

31  Interstate Commission and other duties as may be determined by

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 1  that state, including, but not limited to, development of

 2  policy concerning operations and procedures of the compact

 3  within that state.

 4  

 5                            ARTICLE X

 6  

 7         COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT.--

 8         (1)  Any state, including the District of Columbia (or

 9  its designee), the Commonwealth of Puerto Rico, the United

10  States Virgin Islands, Guam, America Samoa, and the Northern

11  Mariana Islands as defined in Article II of this compact, is

12  eligible to become a compacting state.

13         (2)  The compact shall become effective and binding

14  upon legislative enactment of the compact into law by no less

15  than 35 of the states. The initial effective date shall be the

16  later of July 1, 2004, or upon enactment into law by the 35th

17  jurisdiction. Thereafter, it shall become effective and

18  binding as to any other compacting state upon enactment of the

19  compact into law by that state. The governors of nonmember

20  states or their designees shall be invited to participate in

21  the activities of the Interstate Commission on a nonvoting

22  basis prior to adoption of the compact by all states and

23  territories of the United States.

24         (3)  The Interstate Commission may propose amendments

25  to the compact for enactment by the compacting states. No

26  amendment shall become effective and binding upon the

27  Interstate Commission and the compacting states unless and

28  until it is enacted into law by unanimous consent of the

29  compacting states.

30  

31                            ARTICLE XI

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 1  

 2         WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL

 3  ENFORCEMENT.--

 4         Section A.  Withdrawal.--

 5         (1)  Once effective, the compact shall continue in

 6  force and remain binding upon each and every compacting state;

 7  provided that a compacting state may withdraw from the compact

 8  by specifically repealing the statute that enacted the compact

 9  into law.

10         (2)  The effective date of withdrawal is the effective

11  date of the repeal.

12         (3)  The withdrawing state shall immediately notify the

13  chairperson of the Interstate Commission in writing upon the

14  introduction of legislation repealing this compact in the

15  withdrawing state. The Interstate Commission shall notify the

16  other compacting states of the withdrawing state's intent to

17  withdraw within 60 days after its receipt thereof.

18         (4)  The withdrawing state is responsible for all

19  assessments, obligations, and liabilities incurred through the

20  effective date of withdrawal, including any obligations the

21  performance of which extends beyond the effective date of

22  withdrawal.

23         (5)  Reinstatement following withdrawal of any

24  compacting state shall occur upon the withdrawing state

25  reenacting the compact or upon such later date as determined

26  by the Interstate Commission.

27         Section B.  Technical assistance, fines, suspension,

28  termination, and default.--

29         (1)  If the Interstate Commission determines that any

30  compacting state has at any time defaulted in the performance

31  of any of its obligations or responsibilities under this

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 1  compact, or the bylaws or duly adopted rules, the Interstate

 2  Commission may impose any or all of the following penalties:

 3         (a)  Remedial training and technical assistance as

 4  directed by the Interstate Commission;

 5         (b)  Alternative dispute resolution;

 6         (c)  Fines, fees, and costs in such amounts as are

 7  deemed to be reasonable as fixed by the Interstate Commission;

 8  and

 9         (d)  Suspension or termination of membership in the

10  compact, which shall be imposed only after all other

11  reasonable means of securing compliance under the bylaws and

12  rules have been exhausted and the Interstate Commission has

13  therefore determined that the offending state is in default.

14  Immediate notice of suspension shall be given by the

15  Interstate Commission to the Governor, the Chief Justice or

16  the Chief Judicial Officer of the state, the majority and the

17  minority leaders of the defaulting state's legislature, and

18  the state council. The grounds for default include, but are

19  not limited to, failure of a compacting state to perform such

20  obligations or responsibilities imposed upon it by this

21  compact, the bylaws, or duly adopted rules and any other

22  ground designated in commission bylaws and rules. The

23  Interstate Commission shall immediately notify the defaulting

24  state in writing of the penalty imposed by the Interstate

25  Commission and of the default pending a cure of the default.

26  The commission shall stipulate the conditions and the time

27  period within which the defaulting state must cure its

28  default. If the defaulting state fails to cure the default

29  within the period specified by the commission, the defaulting

30  state shall be terminated from the compact upon an affirmative

31  vote of a majority of the compacting states and all rights,

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 1  privileges, and benefits conferred by this compact shall be

 2  terminated from the effective date of termination.

 3         (2)  Within 60 days after the effective date of

 4  termination of a defaulting state, the Interstate Commission

 5  shall notify the Governor, the Chief Justice or Chief Judicial

 6  Officer, the majority and minority leaders of the defaulting

 7  state's legislature, and the state council of such

 8  termination.

 9         (3)  The defaulting state is responsible for all

10  assessments, obligations, and liabilities incurred through the

11  effective date of termination, including any obligations the

12  performance of which extends beyond the effective date of

13  termination.

14         (4)  The Interstate Commission shall not bear any costs

15  relating to the defaulting state unless otherwise mutually

16  agreed upon in writing between the Interstate Commission and

17  the defaulting state.

18         (5)  Reinstatement following termination of any

19  compacting state requires both a reenactment of the compact by

20  the defaulting state and the approval of the Interstate

21  Commission pursuant to the rules.

22         Section C.  Judicial enforcement.--The Interstate

23  Commission may, by majority vote of the members, initiate

24  legal action in the United States District Court for the

25  District of Columbia or, at the discretion of the Interstate

26  Commission, in the federal district where the Interstate

27  Commission has its offices, to enforce compliance with the

28  provisions of the compact and its duly adopted rules and

29  bylaws against any compacting state in default. In the event

30  judicial enforcement is necessary, the prevailing party shall

31  

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 1  be awarded all costs of such litigation, including reasonable

 2  attorney's fees.

 3         Section D.  Dissolution of compact.--

 4         (1)  The compact dissolves effective upon the date of

 5  the withdrawal or default of the compacting state, which

 6  reduces membership in the compact to one compacting state.

 7         (2)  Upon the dissolution of the compact, the compact

 8  becomes null and void and shall be of no further force or

 9  effect, the business and affairs of the Interstate Commission

10  shall be concluded, and any surplus funds shall be distributed

11  in accordance with the bylaws.

12  

13                           ARTICLE XII

14  

15         SEVERABILITY AND CONSTRUCTION.--

16         (1)  The provisions of this compact are severable, and

17  if any phrase, clause, sentence, or provision is deemed

18  unenforceable, the remaining provisions of the compact shall

19  be enforceable.

20         (2)  The provisions of this compact shall be liberally

21  construed to effectuate its purposes.

22  

23                           ARTICLE XIII

24  

25         BINDING EFFECT OF COMPACT AND OTHER LAWS.--

26         Section A.  Other laws.--

27         (1)  Nothing herein prevents the enforcement of any

28  other law of a compacting state which is not inconsistent with

29  this compact.

30  

31  

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 1         (2)  All compacting states' laws other than state

 2  Constitutions and other interstate compacts conflicting with

 3  this compact are superseded to the extent of the conflict.

 4         Section B.  Binding effect of the compact.--

 5         (1)  All lawful actions of the Interstate Commission,

 6  including all rules and bylaws adopted by the Interstate

 7  Commission, are binding upon the compacting states.

 8         (2)  All agreements between the Interstate Commission

 9  and the compacting states are binding in accordance with their

10  terms.

11         (3)  Upon the request of a party to a conflict over

12  meaning or interpretation of Interstate Commission actions,

13  and upon a majority vote of the compacting states, the

14  Interstate Commission may issue advisory opinions regarding

15  such meaning or interpretation.

16         (4)  In the event any provision of this compact exceeds

17  the constitutional limits imposed on the legislature of any

18  compacting state, the obligations, duties, powers, or

19  jurisdiction sought to be conferred by such provision upon the

20  Interstate Commission shall be ineffective and such

21  obligations, duties, powers, or jurisdiction shall remain in

22  the compacting state and shall be exercised by the agency

23  thereof to which such obligations, duties, powers, or

24  jurisdiction are delegated by law in effect at the time this

25  compact becomes effective.

26         Section 2.  Sections 985.503, 985.504, 985.505,

27  985.506, and 985.507, Florida Statutes, are repealed.

28         Section 3.  This act shall take effect July 1, 2004.

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates the Interstate Compact for Juveniles to provide
      for cooperation among states in supervising and returning
 4    juveniles who have run away or escaped from detention
      across state boundaries. Provides for the creation of an
 5    Interstate Commission to administer the compact. Provides
      for the financing of the commission and the duties of the
 6    member states. Provides for a state's withdrawal from the
      compact. (See bill for details.)
 7  

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                                  28

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