Florida 2022 Regular Session

Florida House Bill H0465 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 465 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the United States Armed Forces; 2
16	16	amending s. 61.703, F.S.; revising the definition of 3
17	17	the term "uniformed service" to include the United 4
18	18	States Space Force; amending s. 92.51, F.S.; revising 5
19	19	the Armed Forces officers authorized to take or 6
20	20	administer specified oaths, affidavits, or 7
21	21	acknowledgements to include United States Space Force 8
22	22	officers; amending s. 97.021, F.S.; revising the 9
23	23	definition of the term "uniformed services" to include 10
24	24	the United States Space Force; amending s. 115.01, 11
25	25	F.S.; revising the military service branches for which 12
26	26	any county or state official who is called to active 13
27	27	service may receive a leave of absence; amending s. 14
28	28	163.3175, F.S.; updating military base names; amending 15
29	29	s. 210.04, F.S.; adding post exchanges opera ted by the 16
30	30	United States Space Force to those that are exempt 17
31	31	from paying tax on cigarettes sold; amending s. 18
32	32	250.01, F.S.; revising the definition of the term 19
33	33	"armed forces" to include the United States Space 20
34	34	Force; amending s. 250.43, F.S.; revising the armed 21
35	35	forces uniforms that are protected from imitation to 22
36	36	include uniforms of the United States Space Force; 23
37	37	amending s. 250.52, F.S.; prohibiting persons from 24
38	38	soliciting or persuading another not to enlist with 25
39	39
40	40	HB 465 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	the United States Space Force when the coun try is at 26
52	52	war or there are indications of a pending war; 27
53	53	amending s. 295.061, F.S.; revising the definition of 28
54	54	the term "United States Armed Forces" to include the 29
55	55	United States Space Force; amending s. 296.02, F.S.; 30
56	56	revising the definition of the term "pe acetime 31
57	57	service" to include service in the United States Space 32
58	58	Force; amending s. 331.304, F.S.; renaming specified 33
59	59	former Air Force bases as Space Force bases; amending 34
60	60	s. 461.002, F.S.; providing an exception to graduate 35
61	61	podiatric physicians practicing i n the United States 36
62	62	Space Force; amending s. 466.002, F.S.; providing an 37
63	63	exemption to graduate dentists or dental surgeons 38
64	64	practicing in the United States Space Force; amending 39
65	65	s. 496.415, F.S.; prohibiting a person from 40
66	66	representing or claiming to be a me mber of the United 41
67	67	States Space Force in connection with any solicitation 42
68	68	or charitable or sponsor sales promotion; amending s. 43
69	69	540.08, F.S.; revising the definition of the term 44
70	70	"member of the armed forces" to include members of the 45
71	71	United States Space For ce; amending s. 695.031, F.S.; 46
72	72	including members of the United States Space Force and 47
73	73	the United States Air Force as servicemembers who may 48
74	74	acknowledge certain instruments; amending s. 718.113, 49
75	75	F.S.; including the official flag that represents the 50
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77	77	HB 465 2022
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	United States Space Force as a flag that may be 51
89	89	displayed by a condominium owner; amending s. 720.304, 52
90	90	F.S.; including the official flag that represents the 53
91	91	United States Space Force as a flag that may be 54
92	92	displayed by a homeowner; amending s. 790.25, F.S.; 55
93	93	authorizing members of the United States Space Force 56
94	94	to own, possess, and lawfully use firearms and other 57
95	95	weapons, ammunition, and supplies when on duty, when 58
96	96	training or preparing themselves for military duty, or 59
97	97	while subject to recall or mobilization; amending s. 60
98	98	817.312, F.S.; prohibiting a person from unlawfully 61
99	99	using the uniforms, medals, or insignia of the United 62
100	100	States Space Force; amending s. 1000.36, F.S.; 63
101	101	revising the definition of the term "uniformed 64
102	102	services" to include the United States Space Force; 65
103	103	amending s. 1003.051, F.S.; revising the definition of 66
104	104	the term "military student" to include a student who 67
105	105	is a dependent of a current or former member of the 68
106	106	United States Space Force; reenacting ss. 373.324(7), 69
107	107	409.1664(1)(c), 520.14(1), 627.7283(5), 68 9.27(1)(d), 70
108	108	790.015(5)(a), 790.06(4)(f) and (11)(b), 71
109	109	790.062(1)(a), 790.065(13), 790.0655(2)(d), and 72
110	110	948.21(1), (2), and (3), F.S., which reference the 73
111	111	definition of the term "servicemember," to incorporate 74
112	112	the amendment made to s. 250.01, F.S., in referen ces 75
113	113
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	thereto; providing effective dates. 76
126	126	77
127	127	Be It Enacted by the Legislature of the State of Florida: 78
128	128	79
129	129	Section 1. Paragraph (a) of subsection (20) of section 80
130	130	61.703, Florida Statutes, is amended to read: 81
131	131	61.703 Definitions. —As used in this part: 82
132	132	(20) "Uniformed service" means any of the following: 83
133	133	(a) Active and reserve components of the Army, Navy, Air 84
134	134	Force, Marine Corps, Space Force, or Coast Guard of the United 85
135	135	States. 86
136	136	Section 2. Subsection (1) of section 92.51, Florida 87
137	137	Statutes, is amended to read: 88
138	138	92.51 Oaths, affidavits, and acknowledgments; taken or 89
139	139	administered by commissioned officer of United States Armed 90
140	140	Forces.— 91
141	141	(1) Oaths, affidavits, and acknowledgments required or 92
142	142	authorized by the laws of this state may be taken or 93
143	143	administered within or without the United States by or before 94
144	144	any commissioned officer in active service of the Armed Forces 95
145	145	of the United States with the rank of second lieutenant or 96
146	146	higher in the Army, Air Force , Space Force, or Marine Corps or 97
147	147	ensign or higher in the Navy or Coast Guard when the person 98
148	148	required or authorized to make and execute the oath, affidavit, 99
149	149	or acknowledgment is a member of the Armed Forces of the United 100
150	150
151	151	HB 465 2022
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0465-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	States, the spouse of such member or a person whose duties 101
163	163	require the person's p resence with the Armed Forces of the 102
164	164	United States. 103
165	165	Section 3. Subsection (42) of section 97.021, Florida 104
166	166	Statutes, is amended to read: 105
167	167	97.021 Definitions. —For the purposes of this code, except 106
168	168	where the context clearly indicates otherwise, the term: 107
169	169	(42) "Uniformed services" means the Army, Navy, Air Force, 108
170	170	Marine Corps, Space Force, and Coast Guard, the commissioned 109
171	171	corps of the Public Health Service, and the commissioned corps 110
172	172	of the National Oceanic and Atmospheric Administration. 111
173	173	Section 4. Section 115.01, Florida Statutes, is amended to 112
174	174	read: 113
175	175	115.01 Leave of absence for military service. —Any county 114
176	176	or state official of the state, subject to the provisions and 115
177	177	conditions hereinafter set forth, may be granted leave of 116
178	178	absence from his or he r office, to serve in the volunteer forces 117
179	179	of the United States, or in the National Guard of any state, or 118
180	180	in the regular Army, or Navy, Air Force, Marine Corps, or Space 119
181	181	Force of the United States, when the same shall be called into 120
182	182	active service of the United States during war between the 121
183	183	United States and a foreign government. 122
184	184	Section 5. Paragraph (n) of subsection (2) of section 123
185	185	163.3175, Florida Statutes, is amended to read: 124
186	186	163.3175 Legislative findings on compatibility of 125
187	187
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191	191
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	development with military installations; exchange of information 126
200	200	between local governments and military installations. — 127
201	201	(2) Certain major military installations, due to their 128
202	202	mission and activities, have a greater potential for 129
203	203	experiencing compatibility and coordination issues than others. 130
204	204	Consequently, this section and the provisions in s. 131
205	205	163.3177(6)(a), relating to compatibility of land development 132
206	206	with military installations, apply to specific affected local 133
207	207	governments in proximity to and in association with specifi c 134
208	208	military installations, as follows: 135
209	209	(n) Patrick Space Air Force Base and Cape Canaveral Space 136
210	210	Air Force Station, associated with Brevard County and Satellite 137
211	211	Beach. 138
212	212	Section 6. Paragraph (a) of subsection (4) of section 139
213	213	210.04, Florida Statutes, is amended to read: 140
214	214	210.04 Construction; exemptions; collection. — 141
215	215	(4) No tax shall be required to be paid: 142
216	216	(a) Upon cigarettes sold at post exchanges, ship service 143
217	217	stores, ship stores, slop chests, or base exchanges to members 144
218	218	of the Armed Services of t he United States when such post 145
219	219	exchanges, ship service stores, or base exchanges are operated 146
220	220	under regulations of the Army, Navy, or Air Force, or Space 147
221	221	Force of the United States on military, naval, space force, or 148
222	222	air force reservations in this state o r when such ship stores or 149
223	223	slop chests are operated under the regulations of the United 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	States Navy on ships of the United States Navy; however, it is 151
237	237	unlawful for anyone, including members of the Armed Services of 152
238	238	the United States, to purchase such tax -exempt cigarettes for 153
239	239	purposes of resale. Any person who resells, or offers for 154
240	240	resale, tax-exempt cigarettes purchased at post exchanges, ship 155
241	241	service stores, ship stores, slop chests, or base exchanges 156
242	242	commits is guilty of a violation of the cigarette tax law, 157
243	243	punishable as provided in s. 210.18(1). 158
244	244	Section 7. Subsection (4) of section 250.01, Florida 159
245	245	Statutes, is amended to read: 160
246	246	250.01 Definitions. —As used in this chapter, the term: 161
247	247	(4) "Armed forces" means the United States Army, Navy, Air 162
248	248	Force, Marine Corps, Space Force, and Coast Guard. 163
249	249	Section 8. Subsection (2) of section 250.43, Florida 164
250	250	Statutes, is amended to read: 165
251	251	250.43 Wearing of uniform and insignia of rank; penalty. — 166
252	252	(2) Every person other than an officer or enlisted person 167
253	253	of the Florida National Guard, naval militia, or marine corps of 168
254	254	this state, any other state, Puerto Rico, or the District of 169
255	255	Columbia, or of the United States Army, Navy, Marine Corps, or 170
256	256	Air Force, or Space Force, who wears the uniform of the United 171
257	257	States Army, Navy, Marine Corps, Air Force, Space Force, 172
258	258	National Guard, Naval Militia, or Marine Corps or any part of 173
259	259	such uniform, or a uniform or part of uniform similar thereto, 174
260	260	or in imitation thereof, within the bounds of the state, except 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	in cases where the wearing of such uniform is permitted by the 176
274	274	laws of the United States and the regulations of the Secretary 177
275	275	of Defense, commits a misdemeanor of the first degree, 178
276	276	punishable as provided in s. 775.082 or s. 775.083. This section 179
277	277	does not prohibit persons i n the theatrical profession from 180
278	278	wearing such uniforms while actually engaged in such profession, 181
279	279	in any playhouse or theater, in a production in no way 182
280	280	reflecting upon such uniform; does not prohibit the uniform rank 183
281	281	of civic societies parading or traveli ng in a body or assembling 184
282	282	in a lodge room; and does not apply to cadets of any military 185
283	283	school or to Boy Scouts or Girl Scouts. 186
284	284	Section 9. Section 250.52, Florida Statutes, is amended to 187
285	285	read: 188
286	286	250.52 Unlawful to persuade citizens not to enlist; 189
287	287	penalty.—Whenever the United States is at war, or our foreign 190
288	288	relations tend to indicate an impending war or state of war, a 191
289	289	person may not solicit or persuade a citizen of the United 192
290	290	States not to enlist or serve in the Army, Air Force, Space 193
291	291	Force, Marine Corps, Coast Guard, or Navy, or in any reserve 194
292	292	component thereof, or in the Florida National Guard, or publicly 195
293	293	attempt to dissuade any such citizen from enlisting. This 196
294	294	section does not apply to the soliciting or persuading done by 197
295	295	any person related by aff inity or consanguinity to the person 198
296	296	solicited or persuaded or whose advice is requested by the 199
297	297	person solicited or persuaded. Any person who violates this 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	section commits a misdemeanor of the first degree, punishable as 201
311	311	provided in s. 775.082 or s. 775.08 3. 202
312	312	Section 10. Paragraph (b) of subsection (1) of section 203
313	313	295.061, Florida Statutes, is amended to read: 204
314	314	295.061 Active duty servicemembers; death benefits. — 205
315	315	(1) As used in this section, the term: 206
316	316	(b) "United States Armed Forces" means the United States 207
317	317	Army, Navy, Air Force, Marine Corps, Space Force, and Coast 208
318	318	Guard. 209
319	319	Section 11. Subsection (7) of section 296.02, Florida 210
320	320	Statutes, is amended to read: 211
321	321	296.02 Definitions. —For the purposes of this part, except 212
322	322	where the context clearly indicat es otherwise: 213
323	323	(7) "Peacetime service" means Army, Navy, Marines, Coast 214
324	324	Guard, or Air Force, or Space Force service that is not during a 215
325	325	wartime era as defined in s. 1.01(14). 216
326	326	Section 12. Subsection (1) of section 331.304, Florida 217
327	327	Statutes, is amended to read: 218
328	328	331.304 Spaceport territory. —The following property shall 219
329	329	constitute spaceport territory: 220
330	330	(1) Certain real property located in Brevard County that 221
331	331	is included within the 1998 boundaries of Patrick Space Force 222
332	332	Base, formerly Patrick Air Force Base; Cape Canaveral Space 223
333	333	Force Station, formerly Cape Canaveral Air Force Station ;, or 224
334	334	John F. Kennedy Space Center. The territory consisting of areas 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	within the John F. Kennedy Space Center and the Cape Canaveral 226
348	348	Space Air Force Station may be referred to as the "Cape 227
349	349	Canaveral Spaceport." 228
350	350	Section 13. Subsection (3) of section 461.002, Florida 229
351	351	Statutes, is amended to read: 230
352	352	461.002 Exceptions. — 231
353	353	(3) This chapter does shall not apply to the practice of 232
354	354	podiatric medicine by graduate podiatric physicians in the 233
355	355	United States Army, Air Force, Space Force, Marines, Navy, 234
356	356	Public Health Service, Coast Guard, or United States Department 235
357	357	of Veterans Affairs in the discharge of their official duties. 236
358	358	Section 14. Subsection (3) of section 466.002, Florida 237
359	359	Statutes, is amended to read: 238
360	360	466.002 Persons exempt from operation of chapter. —Nothing 239
361	361	in this chapter shall apply to the following practices, acts, 240
362	362	and operations: 241
363	363	(3) The practice of dentistry in the discharge of thei r 242
364	364	official duties by graduate dentists or dental surgeons in the 243
365	365	United States Army, Air Force, Space Force, Marines, Navy, 244
366	366	Public Health Service, Coast Guard, or United States Department 245
367	367	of Veterans Affairs. 246
368	368	Section 15. Subsection (6) of section 496.4 15, Florida 247
369	369	Statutes, is amended to read: 248
370	370	496.415 Prohibited acts. —It is unlawful for any person in 249
371	371	connection with the planning, conduct, or execution of any 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
383	383
384	384	solicitation or charitable or sponsor sales promotion to: 251
385	385	(6) Falsely state that he or she is a member of or 252
386	386	represents a charitable organization or sponsor, or falsely 253
387	387	state or represent that he or she is a member of or represents 254
388	388	the United States Air Force, United States Army, United States 255
389	389	Coast Guard, United States Marine Corps, United States Navy, or 256
390	390	United States Space Force, the National Guard, or a law 257
391	391	enforcement or emergency service organization. 258
392	392	Section 16. Subsection (3) of section 540.08, Florida 259
393	393	Statutes, is amended to read: 260
394	394	540.08 Unauthorized publication of name or likeness. — 261
395	395	(3) If a person uses the name, portrait, photograph, or 262
396	396	other likeness of a member of the armed forces without obtaining 263
397	397	the consent required in subsection (1) and such use is not 264
398	398	subject to any exception listed in this section, a court may 265
399	399	impose a civil penalty of up to $1,000 per violation in addition 266
400	400	to the civil remedies contained in subsection (2). Each 267
401	401	commercial transaction constitutes a violation under this 268
402	402	section. As used in this section, the term "member of the armed 269
403	403	forces" means an officer or enlisted member of the Army, Navy, 270
404	404	Air Force, Marine Corps, Space Force, or Coast Guard of the 271
405	405	United States, the Florida National Guard, and the United States 272
406	406	Reserve Forces, including any officer or enlisted member who 273
407	407	died as a result of injuries sus tained in the line of duty. 274
408	408	Section 17. Subsection (1) of section 695.031, Florida 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	Statutes, is amended to read: 276
422	422	695.031 Affidavits and acknowledgments by members of armed 277
423	423	forces and their spouses. — 278
424	424	(1) In addition to the manner, form , and proof of 279
425	425	acknowledgment of instruments as now provided by law, any person 280
426	426	serving in or with the Armed Forces of the United States, 281
427	427	including the Army, Navy, Air Force, Marine Corps, Space Force, 282
428	428	Coast Guard, or any component or any arm or service of any 283
429	429	thereof, including any female auxiliary of any thereof, and any 284
430	430	person whose duties require his or her presence with the Armed 285
431	431	Forces of the United States, as herein designated, or otherwise 286
432	432	designated by law or military or naval command, may acknowledge 287
433	433	any instrument, wherever located, either within or without the 288
434	434	state, or without the United States, before any commissioned 289
435	435	officer in active service of the Armed Forces of the United 290
436	436	States, as herein designated, or otherwise designated by law, or 291
437	437	military or naval command, or order, with the rank of second 292
438	438	lieutenant or higher in the Army , Air Force, Space Force, or 293
439	439	Marine Corps, or of any component or any arm or service of any 294
440	440	either thereof, including any female auxiliary of any thereof, 295
441	441	or ensign or higher in th e Navy or United States Coast Guard, or 296
442	442	of any component or any arm or service of either thereof, 297
443	443	including any female auxiliary of any thereof. 298
444	444	Section 18. Subsection (4) of section 718.113, Florida 299
445	445	Statutes, is amended to read: 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	718.113 Maintenance; limitation upon improvement; display 301
459	459	of flag; hurricane shutters and protection; display of religious 302
460	460	decorations.— 303
461	461	(4) Any unit owner may display one portable, removable 304
462	462	United States flag in a respectful way and, on Armed Forces Day, 305
463	463	Memorial Day, Flag Day, Independence Day, and Veterans Day, may 306
464	464	display in a respectful way portable, removable official flags, 307
465	465	not larger than 4 1/2 feet by 6 feet, that represent the United 308
466	466	States Army, Navy, Air Force, Marine Corps, Space Force, or 309
467	467	Coast Guard, regardle ss of any declaration rules or requirements 310
468	468	dealing with flags or decorations. 311
469	469	Section 19. Paragraph (a) of subsection (2) of section 312
470	470	720.304, Florida Statutes, is amended to read: 313
471	471	720.304 Right of owners to peaceably assemble; display of 314
472	472	flag; SLAPP suits prohibited.— 315
473	473	(2)(a) Any homeowner may display one portable, removable 316
474	474	United States flag or official flag of the State of Florida in a 317
475	475	respectful manner, and one portable, removable official flag, in 318
476	476	a respectful manner, not larger than 4 1/2 feet by 6 feet, which 319
477	477	represents the United States Army, Navy, Air Force, Marine 320
478	478	Corps, Space Force, or Coast Guard, or a POW -MIA flag, 321
479	479	regardless of any covenants, restrictions, bylaws, rules, or 322
480	480	requirements of the association. 323
481	481	Section 20. Paragraph (a) of subsection (3) of section 324
482	482	790.25, Florida Statutes, is amended to read: 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	790.25 Lawful ownership, possession, and use of firearms 326
496	496	and other weapons.— 327
497	497	(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 328
498	498	do not apply in the following instances, a nd, despite such 329
499	499	sections, it is lawful for the following persons to own, 330
500	500	possess, and lawfully use firearms and other weapons, 331
501	501	ammunition, and supplies for lawful purposes: 332
502	502	(a) Members of the Militia, National Guard, Florida State 333
503	503	Defense Force, Army, N avy, Air Force, Marine Corps, Space Force, 334
504	504	Coast Guard, organized reserves, and other armed forces of the 335
505	505	state and of the United States, when on duty, when training or 336
506	506	preparing themselves for military duty, or while subject to 337
507	507	recall or mobilization; 338
508	508	Section 21. Paragraph (a) of subsection (1) of section 339
509	509	817.312, Florida Statutes, is amended to read: 340
510	510	817.312 Unlawful use of uniforms, medals, or insignia. — 341
511	511	(1)(a) A person may not: 342
512	512	1. Misrepresent himself or herself as a member or veteran 343
513	513	of the United States Air Force, United States Army, United 344
514	514	States Coast Guard, United States Marine Corps, United States 345
515	515	Navy, United States Space Force, or National Guard; or 346
516	516	2. Wear the uniform of or any medal or insignia authorized 347
517	517	for use by members or veter ans of the United States Air Force, 348
518	518	United States Army, United States Coast Guard, United States 349
519	519	Marine Corps, United States Navy, or the National Guard which he 350
520	520
521	521	HB 465 2022
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523	523
524	524
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529	529
530	530
531	531
532	532	or she is not authorized to wear 351
533	533	352
534	534	while soliciting for charitable contributions or for the pur pose 353
535	535	of material gain, including, but not limited to, obtaining 354
536	536	employment or public office resulting in receiving compensation. 355
537	537	Section 22. Contingent upon HB 153 or similar legislation 356
538	538	extending the repeal date of the Interstate Compact on 357
539	539	Educational Opportunity for Military Children taking effect, 358
540	540	section 1000.36, Florida Statutes, is amended to read: 359
541	541	1000.36 Interstate Compact on Educational Opportunity for 360
542	542	Military Children.—The Governor is authorized and directed to 361
543	543	execute the Interstate Compact on Educational Opportunity for 362
544	544	Military Children on behalf of this state with any other state 363
545	545	or states legally joining therein in the form substantially as 364
546	546	follows: 365
547	547	Interstate Compact on Educational 366
548	548	Opportunity for Military Children 367
549	549	ARTICLE I 368
550	550	PURPOSE.—It is the purpose of this compact to remove 369
551	551	barriers to educational success imposed on children of military 370
552	552	families because of frequent moves and deployment of their 371
553	553	parents by: 372
554	554	A. Facilitating the timely enrollment of children of 373
555	555	military families and ensuring that they are not placed at a 374
556	556	disadvantage due to difficulty in the transfer of education 375
557	557
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560	560
561	561
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	records from the previous school district or variations in 376
570	570	entrance or age requirements. 377
571	571	B. Facilitating the student placement process through 378
572	572	which children of military families are not disadvantaged by 379
573	573	variations in attendance requirements, scheduling, sequencing, 380
574	574	grading, course content, or assessment. 381
575	575	C. Facilitating the qualification and eligibility for 382
576	576	enrollment, educational programs, and participation in 383
577	577	extracurricular academic, athletic, and social activities. 384
578	578	D. Facilitating the on -time graduation of children of 385
579	579	military families. 386
580	580	E. Providing for the adoption and enforcement of 387
581	581	administrative rules implementing this compact. 388
582	582	F. Providing for the uniform collection and sharing of 389
583	583	information between and among member states, schools, and 390
584	584	military families under this compact. 391
585	585	G. Promoting coordination between this compact and other 392
586	586	compacts affecting military children. 393
587	587	H. Promoting flexibility and cooperation between the 394
588	588	educational system, parents, and the student in order to achieve 395
589	589	educational success for the student. 396
590	590	ARTICLE II 397
591	591	DEFINITIONS.—As used in this compact, unless the context 398
592	592	clearly requires a different construction , the term: 399
593	593	A. "Active duty" means the full -time duty status in the 400
594	594
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597	597
598	598
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	active uniformed service of the United States, including members 401
607	607	of the National Guard and Reserve on active duty orders pursuant 402
608	608	to 10 U.S.C. ss. 1209 and 1211. 403
609	609	B. "Children of milita ry families" means school -aged 404
610	610	children, enrolled in kindergarten through 12th grade, in the 405
611	611	household of an active -duty member. 406
612	612	C. "Compact commissioner" means the voting representative 407
613	613	of each compacting state appointed under Article VIII of this 408
614	614	compact. 409
615	615	D. "Deployment" means the period 1 month before the 410
616	616	service members' departure from their home station on military 411
617	617	orders through 6 months after return to their home station. 412
618	618	E. "Educational records" or "education records" means 413
619	619	those official records, files, and data directly related to a 414
620	620	student and maintained by the school or local education agency, 415
621	621	including, but not limited to, records encompassing all the 416
622	622	material kept in the student's cumulative folder such as general 417
623	623	identifying data, record s of attendance and of academic work 418
624	624	completed, records of achievement and results of evaluative 419
625	625	tests, health data, disciplinary status, test protocols, and 420
626	626	individualized education programs. 421
627	627	F. "Extracurricular activities" means a voluntary activity 422
628	628	sponsored by the school or local education agency or an 423
629	629	organization sanctioned by the local education agency. 424
630	630	Extracurricular activities include, but are not limited to, 425
631	631
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634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	preparation for and involvement in public performances, 426
644	644	contests, athletic competitions , demonstrations, displays, and 427
645	645	club activities. 428
646	646	G. "Interstate Commission on Educational Opportunity for 429
647	647	Military Children" means the commission that is created under 430
648	648	Article IX of this compact, which is generally referred to as 431
649	649	the Interstate Commissio n. 432
650	650	H. "Local education agency" means a public authority 433
651	651	legally constituted by the state as an administrative agency to 434
652	652	provide control of, and direction for, kindergarten through 12th 435
653	653	grade public educational institutions. 436
654	654	I. "Member state" means a st ate that has enacted this 437
655	655	compact. 438
656	656	J. "Military installation" means a base, camp, post, 439
657	657	station, yard, center, homeport facility for any ship, or other 440
658	658	activity under the jurisdiction of the Department of Defense, 441
659	659	including any leased facility, which is located within any of 442
660	660	the several states, the District of Columbia, the Commonwealth 443
661	661	of Puerto Rico, the United States Virgin Islands, Guam, American 444
662	662	Samoa, the Northern Mariana Islands, and any other United States 445
663	663	Territory. The term does not include any facility used primarily 446
664	664	for civil works, rivers and harbors projects, or flood control 447
665	665	projects. 448
666	666	K. "Nonmember state" means a state that has not enacted 449
667	667	this compact. 450
668	668
669	669	HB 465 2022
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671	671
672	672
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676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	L. "Receiving state" means the state to which a child of a 451
681	681	military family is sent, b rought, or caused to be sent or 452
682	682	brought. 453
683	683	M. "Rule" means a written statement by the Interstate 454
684	684	Commission adopted under Article XII of this compact which is of 455
685	685	general applicability, implements, interprets, or prescribes a 456
686	686	policy or provision of the comp act, or an organizational, 457
687	687	procedural, or practice requirement of the Interstate 458
688	688	Commission, and has the force and effect of statutory law in a 459
689	689	member state, and includes the amendment, repeal, or suspension 460
690	690	of an existing rule. 461
691	691	N. "Sending state" means the state from which a child of a 462
692	692	military family is sent, brought, or caused to be sent or 463
693	693	brought. 464
694	694	O. "State" means a state of the United States, the 465
695	695	District of Columbia, the Commonwealth of Puerto Rico, the 466
696	696	United States Virgin Islands, Guam, America n Samoa, the Northern 467
697	697	Mariana Islands, and any other United States Territory. 468
698	698	P. "Student" means the child of a military family for whom 469
699	699	the local education agency receives public funding and who is 470
700	700	formally enrolled in kindergarten through 12th grade. 471
701	701	Q. "Transition" means: 472
702	702	1. The formal and physical process of transferring from 473
703	703	school to school; or 474
704	704	2. The period of time in which a student moves from one 475
705	705
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708	708
709	709
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	school in the sending state to another school in the receiving 476
718	718	state. 477
719	719	R. "Uniformed services" means the Army, Navy, Air Force, 478
720	720	Space Force, Marine Corps, Coast Guard as well as the 479
721	721	Commissioned Corps of the National Oceanic and Atmospheric 480
722	722	Administration, and Public Health Services. 481
723	723	S. "Veteran" means a person who served in the uniformed 482
724	724	services and who was discharged or released therefrom under 483
725	725	conditions other than dishonorable. 484
726	726	ARTICLE III 485
727	727	APPLICABILITY.— 486
728	728	A. Except as otherwise provided in Section C, this compact 487
729	729	applies to the children of: 488
730	730	1. Active duty members of the uniformed service s, 489
731	731	including members of the National Guard and Reserve on active -490
732	732	duty orders pursuant to 10 U.S.C. ss. 1209 and 1211; 491
733	733	2. Members or veterans of the uniformed services who are 492
734	734	severely injured and medically discharged or retired for a 493
735	735	period of 1 year aft er medical discharge or retirement; and 494
736	736	3. Members of the uniformed services who die on active 495
737	737	duty or as a result of injuries sustained on active duty for a 496
738	738	period of 1 year after death. 497
739	739	B. This interstate compact applies to local education 498
740	740	agencies. 499
741	741	C. This compact does not apply to the children of: 500
742	742
743	743	HB 465 2022
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745	745
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750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	1. Inactive members of the National Guard and military 501
755	755	reserves; 502
756	756	2. Members of the uniformed services now retired, except 503
757	757	as provided in Section A; 504
758	758	3. Veterans of the uniformed services, except as provided 505
759	759	in Section A; and 506
760	760	4. Other United States Department of Defense personnel and 507
761	761	other federal agency civilian and contract employees not defined 508
762	762	as active-duty members of the uniformed services. 509
763	763	ARTICLE IV 510
764	764	EDUCATIONAL RECORDS AND ENROLLMENT. — 511
765	765	A. If a child's official education records cannot be 512
766	766	released to the parents for the purpose of transfer, the 513
767	767	custodian of the records in the sending state shall prepare and 514
768	768	furnish to the parent a complete set of unofficial educational 515
769	769	records containing un iform information as determined by the 516
770	770	Interstate Commission. Upon receipt of the unofficial education 517
771	771	records by a school in the receiving state, that school shall 518
772	772	enroll and appropriately place the student based on the 519
773	773	information provided in the unoffic ial records pending 520
774	774	validation by the official records, as quickly as possible. 521
775	775	B. Simultaneous with the enrollment and conditional 522
776	776	placement of the student, the school in the receiving state 523
777	777	shall request the student's official education record from the 524
778	778	school in the sending state. Upon receipt of the request, the 525
779	779
780	780	HB 465 2022
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783	783
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787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	school in the sending state shall process and furnish the 526
792	792	official education records to the school in the receiving state 527
793	793	within 10 days or within such time as is reasonably determined 528
794	794	under the rules adopted by the Interstate Commission. 529
795	795	C. Compact states must give 30 days from the date of 530
796	796	enrollment or within such time as is reasonably determined under 531
797	797	the rules adopted by the Interstate Commission for students to 532
798	798	obtain any immunization req uired by the receiving state. For a 533
799	799	series of immunizations, initial vaccinations must be obtained 534
800	800	within 30 days or within such time as is reasonably determined 535
801	801	under the rules promulgated by the Interstate Commission. 536
802	802	D. Students shall be allowed to co ntinue their enrollment 537
803	803	at grade level in the receiving state commensurate with their 538
804	804	grade level, including kindergarten, from a local education 539
805	805	agency in the sending state at the time of transition, 540
806	806	regardless of age. A student who has satisfactorily com pleted 541
807	807	the prerequisite grade level in the local education agency in 542
808	808	the sending state is eligible for enrollment in the next highest 543
809	809	grade level in the receiving state, regardless of age. A student 544
810	810	transferring after the start of the school year in the re ceiving 545
811	811	state shall enter the school in the receiving state on their 546
812	812	validated level from an accredited school in the sending state. 547
813	813	ARTICLE V 548
814	814	PLACEMENT AND ATTENDANCE. — 549
815	815	A. If a student transfers before or during the school 550
816	816
817	817	HB 465 2022
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819	819
820	820
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824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	year, the receiving state school shall initially honor placement 551
829	829	of the student in educational courses based on the student's 552
830	830	enrollment in the sending state school or educational 553
831	831	assessments conducted at the school in the sending state if the 554
832	832	courses are offered. Course placement includes, but is not 555
833	833	limited to, Honors, International Baccalaureate, Advanced 556
834	834	Placement, vocational, technical, and career pathways courses. 557
835	835	Continuing the student's academic program from the previous 558
836	836	school and promoting placement in academically and car eer 559
837	837	challenging courses should be paramount when considering 560
838	838	placement. A school in the receiving state is not precluded from 561
839	839	performing subsequent evaluations to ensure appropriate 562
840	840	placement and continued enrollment of the student in the 563
841	841	courses. 564
842	842	B. The receiving state school must initially honor 565
843	843	placement of the student in educational programs based on 566
844	844	current educational assessments conducted at the school in the 567
845	845	sending state or participation or placement in like programs in 568
846	846	the sending state. Such pr ograms include, but are not limited 569
847	847	to: 570
848	848	1. Gifted and talented programs; and 571
849	849	2. English as a second language (ESL). 572
850	850	A school in the receiving state is not precluded from performing 573
851	851	subsequent evaluations to ensure appropriate placement and 574
852	852	continued enrollment of the student in the courses. 575
853	853
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856	856
857	857
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861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	C. A receiving state must initially provide comparable 576
866	866	services to a student with disabilities based on his or her 577
867	867	current individualized education program (IEP) in compliance 578
868	868	with the requirements of the Individua ls with Disabilities 579
869	869	Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving 580
870	870	state must make reasonable accommodations and modifications to 581
871	871	address the needs of incoming students with disabilities, 582
872	872	subject to an existing section 504 or title II plan, to provide 583
873	873	the student with equal access to education, in compliance with 584
874	874	the provisions of Section 504 of the Rehabilitation Act, 29 585
875	875	U.S.C.A. s. 794, and with title II of the Americans with 586
876	876	Disabilities Act, 42 U.S.C. ss. 12131 -12165. A school in the 587
877	877	receiving state is not precluded from performing subsequent 588
878	878	evaluations to ensure appropriate placement and continued 589
879	879	enrollment of the student in the courses. 590
880	880	D. Local education agency administrative officials may 591
881	881	waive course or program prerequisites, or o ther preconditions 592
882	882	for placement in courses or programs offered under the 593
883	883	jurisdiction of the local education agency. 594
884	884	E. A student whose parent or legal guardian is an active -595
885	885	duty member of the uniformed services and has been called to 596
886	886	duty for, is on leave from, or immediately returned from 597
887	887	deployment to, a combat zone or combat support posting shall be 598
888	888	granted additional excused absences at the discretion of the 599
889	889	local education agency superintendent to visit with his or her 600
890	890
891	891	HB 465 2022
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893	893
894	894
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898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	parent or legal guardian rela tive to such leave or deployment of 601
903	903	the parent or guardian. 602
904	904	ARTICLE VI 603
905	905	ELIGIBILITY.— 604
906	906	A. When considering the eligibility of a child for 605
907	907	enrolling in a school: 606
908	908	1. A special power of attorney relative to the 607
909	909	guardianship of a child of a military family and executed under 608
910	910	applicable law is sufficient for the purposes of enrolling the 609
911	911	child in school and for all other actions requiring parental 610
912	912	participation and consent. 611
913	913	2. A local education agency is prohibited from charging 612
914	914	local tuition to a transitio ning military child placed in the 613
915	915	care of a noncustodial parent or other person standing in loco 614
916	916	parentis who lives in a school's jurisdiction different from 615
917	917	that of the custodial parent. 616
918	918	3. A transitioning military child, placed in the care of a 617
919	919	noncustodial parent or other person standing in loco parentis 618
920	920	who lives in a school's jurisdiction different from that of the 619
921	921	custodial parent, may continue to attend the school in which he 620
922	922	or she was enrolled while residing with the custodial parent. 621
923	923	B. State and local education agencies must facilitate the 622
924	924	opportunity for transitioning military children's inclusion in 623
925	925	extracurricular activities, regardless of application deadlines, 624
926	926	to the extent they are otherwise qualified. 625
927	927
928	928	HB 465 2022
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930	930
931	931
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935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	ARTICLE VII 626
940	940	GRADUATION.—In order to facilitate the on-time graduation 627
941	941	of children of military families, states and local education 628
942	942	agencies shall incorporate the following procedures: 629
943	943	A. Local education agency administrative officials shall 630
944	944	waive specific courses required for graduation if similar 631
945	945	coursework has been satisfactorily completed in another local 632
946	946	education agency or shall provide reasonable justification for 633
947	947	denial. If a waiver is not granted to a student who would 634
948	948	qualify to graduate from the sending school, the local educati on 635
949	949	agency must provide an alternative means of acquiring required 636
950	950	coursework so that graduation may occur on time. 637
951	951	B. States shall accept exit or end -of-course exams 638
952	952	required for graduation from the sending state; national norm -639
953	953	referenced achievement tes ts; or alternative testing, in lieu of 640
954	954	testing requirements for graduation in the receiving state. If 641
955	955	these alternatives cannot be accommodated by the receiving state 642
956	956	for a student transferring in his or her senior year, then the 643
957	957	provisions of Article VII, Section C shall apply. 644
958	958	C. If a military student transfers at the beginning of or 645
959	959	during his or her senior year and is not eligible to graduate 646
960	960	from the receiving local education agency after all alternatives 647
961	961	have been considered, the sending and receivi ng local education 648
962	962	agencies must ensure the receipt of a diploma from the sending 649
963	963	local education agency, if the student meets the graduation 650
964	964
965	965	HB 465 2022
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967	967
968	968
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972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	requirements of the sending local education agency. If one of 651
977	977	the states in question is not a member of this compa ct, the 652
978	978	member state shall use its best efforts to facilitate the on -653
979	979	time graduation of the student in accordance with Sections A and 654
980	980	B of this Article. 655
981	981	ARTICLE VIII 656
982	982	STATE COORDINATION.—Each member state shall, through the 657
983	983	creation of a state council or u se of an existing body or board, 658
984	984	provide for the coordination among its agencies of government, 659
985	985	local education agencies, and military installations concerning 660
986	986	the state's participation in, and compliance with, this compact 661
987	987	and Interstate Commission activi ties. 662
988	988	A. Each member state may determine the membership of its 663
989	989	own state council, but the membership must include at least: the 664
990	990	state superintendent of education, the superintendent of a 665
991	991	school district that has a high concentration of military 666
992	992	children, a representative from a military installation, one 667
993	993	representative each from the legislative and executive branches 668
994	994	of government, and other offices and stakeholder groups the 669
995	995	state council deems appropriate. A member state that does not 670
996	996	have a school district deemed to contain a high concentration of 671
997	997	military children may appoint a superintendent from another 672
998	998	school district to represent local education agencies on the 673
999	999	state council. 674
1000	1000	B. The state council of each member state shall appoint or 675
1001	1001
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1004	1004
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	designate a military family education liaison to assist military 676
1014	1014	families and the state in facilitating the implementation of 677
1015	1015	this compact. 678
1016	1016	C. The compact commissioner responsible for the 679
1017	1017	administration and management of the state's participation in 680
1018	1018	the compact shall be appointed by the Governor or as otherwise 681
1019	1019	determined by each member state. 682
1020	1020	D. The compact commissioner and the military family 683
1021	1021	education liaison shall be ex officio members of the state 684
1022	1022	council, unless either is already a full voting member of the 685
1023	1023	state council. 686
1024	1024	ARTICLE IX 687
1025	1025	INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR 688
1026	1026	MILITARY CHILDREN.—The member states hereby create the 689
1027	1027	"Interstate Commission on Educational Opportunity for Military 690
1028	1028	Children." The activities of the Interstate Commission are the 691
1029	1029	formation of public policy and are a discretionary state 692
1030	1030	function. The Interstate Commission shall: 693
1031	1031	A. Be a body corporate and joint agency of the member 694
1032	1032	states and shall have all the responsibilities, powers, and 695
1033	1033	duties set forth herein, and such additional powers as may be 696
1034	1034	conferred upon it by a subsequent concurrent action of the 697
1035	1035	respective legislatures of the member states in accordance with 698
1036	1036	the terms of this compact. 699
1037	1037	B. Consist of one Interstate Commission voting 700
1038	1038
1039	1039	HB 465 2022
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
1044	1044	hb0465-00
1045	1045	Page 29 of 55
1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	representative from each memb er state who shall be that state's 701
1051	1051	compact commissioner. 702
1052	1052	1. Each member state represented at a meeting of the 703
1053	1053	Interstate Commission is entitled to one vote. 704
1054	1054	2. A majority of the total member states shall constitute 705
1055	1055	a quorum for the transaction of busin ess, unless a larger quorum 706
1056	1056	is required by the bylaws of the Interstate Commission. 707
1057	1057	3. A representative shall not delegate a vote to another 708
1058	1058	member state. In the event the compact commissioner is unable to 709
1059	1059	attend a meeting of the Interstate Commission, t he Governor or 710
1060	1060	state council may delegate voting authority to another person 711
1061	1061	from their state for a specified meeting. 712
1062	1062	4. The bylaws may provide for meetings of the Interstate 713
1063	1063	Commission to be conducted by telecommunication or electronic 714
1064	1064	communication. 715
1065	1065	C. Consist of ex officio, nonvoting representatives who 716
1066	1066	are members of interested organizations. The ex officio members, 717
1067	1067	as defined in the bylaws, may include, but not be limited to, 718
1068	1068	members of the representative organizations of military family 719
1069	1069	advocates, local education agency officials, parent and teacher 720
1070	1070	groups, the United States Department of Defense, the Education 721
1071	1071	Commission of the States, the Interstate Agreement on the 722
1072	1072	Qualification of Educational Personnel, and other interstate 723
1073	1073	compacts affecting the education of children of military 724
1074	1074	members. 725
1075	1075
1076	1076	HB 465 2022
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb0465-00
1082	1082	Page 30 of 55
1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	D. Meet at least once each calendar year. The chairperson 726
1088	1088	may call additional meetings and, upon the request of a simple 727
1089	1089	majority of the member states, shall call additional meetings. 728
1090	1090	E. Establish an execu tive committee, whose members shall 729
1091	1091	include the officers of the Interstate Commission and such other 730
1092	1092	members of the Interstate Commission as determined by the 731
1093	1093	bylaws. Members of the executive committee shall serve a 1 -year 732
1094	1094	term. Members of the executive co mmittee are entitled to one 733
1095	1095	vote each. The executive committee shall have the power to act 734
1096	1096	on behalf of the Interstate Commission, with the exception of 735
1097	1097	rulemaking, during periods when the Interstate Commission is not 736
1098	1098	in session. The executive committee sh all oversee the day-to-day 737
1099	1099	activities of the administration of the compact, including 738
1100	1100	enforcement and compliance with the compact, its bylaws and 739
1101	1101	rules, and other such duties as deemed necessary. The United 740
1102	1102	States Department of Defense shall serve as an ex officio, 741
1103	1103	nonvoting member of the executive committee. 742
1104	1104	F. The Interstate Commission shall collect standardized 743
1105	1105	data concerning the educational transition of the children of 744
1106	1106	military families under this compact as directed through its 745
1107	1107	rules which shall sp ecify the data to be collected, the means of 746
1108	1108	collection and data exchange, and reporting requirements. The 747
1109	1109	methods of data collection, exchange, and reporting shall, 748
1110	1110	insofar as is reasonably possible, conform to current technology 749
1111	1111	and coordinate its inform ation functions with the appropriate 750
1112	1112
1113	1113	HB 465 2022
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
1118	1118	hb0465-00
1119	1119	Page 31 of 55
1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	custodian of records as identified in the bylaws and rules. 751
1125	1125	G. The Interstate Commission shall create a procedure that 752
1126	1126	permits military officials, education officials, and parents to 753
1127	1127	inform the Interstate Commission i f and when there are alleged 754
1128	1128	violations of the compact or its rules or when issues subject to 755
1129	1129	the jurisdiction of the compact or its rules are not addressed 756
1130	1130	by the state or local education agency. This section does not 757
1131	1131	create a private right of action agai nst the Interstate 758
1132	1132	Commission or any member state. 759
1133	1133	ARTICLE X 760
1134	1134	POWERS AND DUTIES OF THE INTERSTATE COMMISSION. —The 761
1135	1135	Interstate Commission has the power to: 762
1136	1136	A. Provide for dispute resolution among member states. 763
1137	1137	B. Adopt rules and take all necessary actio ns to effect 764
1138	1138	the goals, purposes, and obligations as enumerated in this 765
1139	1139	compact. The rules have the force and effect of statutory law 766
1140	1140	and are binding in the compact states to the extent and in the 767
1141	1141	manner provided in this compact. 768
1142	1142	C. Issue, upon request o f a member state, advisory 769
1143	1143	opinions concerning the meaning or interpretation of the 770
1144	1144	interstate compact, its bylaws, rules, and actions. 771
1145	1145	D. Enforce compliance with the compact provisions, the 772
1146	1146	rules adopted by the Interstate Commission, and the bylaws, 773
1147	1147	using all necessary and proper means, including, but not limited 774
1148	1148	to, the use of judicial process. 775
1149	1149
1150	1150	HB 465 2022
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
1155	1155	hb0465-00
1156	1156	Page 32 of 55
1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	E. Establish and maintain offices that shall be located 776
1162	1162	within one or more of the member states. 777
1163	1163	F. Purchase and maintain insurance and bonds. 778
1164	1164	G. Borrow, accept, hire, or contract for services of 779
1165	1165	personnel. 780
1166	1166	H. Establish and appoint committees, including, but not 781
1167	1167	limited to, an executive committee as required by Article IX, 782
1168	1168	Section E, which shall have the power to act on behalf of the 783
1169	1169	Interstate Commission in carrying out its powers and duties 784
1170	1170	hereunder. 785
1171	1171	I. Elect or appoint such officers, attorneys, employees, 786
1172	1172	agents, or consultants, and to fix their compensation, define 787
1173	1173	their duties, and determine their qualifications; and to 788
1174	1174	establish the Interstate Comm ission's personnel policies and 789
1175	1175	programs relating to conflicts of interest, rates of 790
1176	1176	compensation, and qualifications of personnel. 791
1177	1177	J. Accept any and all donations and grants of money, 792
1178	1178	equipment, supplies, materials, and services, and to receive, 793
1179	1179	utilize, and dispose of it. 794
1180	1180	K. Lease, purchase, accept contributions or donations of, 795
1181	1181	or otherwise to own, hold, improve, or use any property, real, 796
1182	1182	personal, or mixed. 797
1183	1183	L. Sell, convey, mortgage, pledge, lease, exchange, 798
1184	1184	abandon, or otherwise dispose of any p roperty, real, personal, 799
1185	1185	or mixed. 800
1186	1186
1187	1187	HB 465 2022
1188	1188
1189	1189
1190	1190
1191	1191	CODING: Words stricken are deletions; words underlined are additions.
1192	1192	hb0465-00
1193	1193	Page 33 of 55
1194	1194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195	1195
1196	1196
1197	1197
1198	1198	M. Establish a budget and make expenditures. 801
1199	1199	N. Adopt a seal and bylaws governing the management and 802
1200	1200	operation of the Interstate Commission. 803
1201	1201	O. Report annually to the legislatures, governors, 804
1202	1202	judiciary, and state co uncils of the member states concerning 805
1203	1203	the activities of the Interstate Commission during the preceding 806
1204	1204	year. Such reports shall also include any recommendations that 807
1205	1205	may have been adopted by the Interstate Commission. 808
1206	1206	P. Coordinate education, training, and public awareness 809
1207	1207	regarding the compact, its implementation, and operation for 810
1208	1208	officials and parents involved in such activity. 811
1209	1209	Q. Establish uniform standards for the reporting, 812
1210	1210	collecting, and exchanging of data. 813
1211	1211	R. Maintain corporate books and rec ords in accordance with 814
1212	1212	the bylaws. 815
1213	1213	S. Perform such functions as may be necessary or 816
1214	1214	appropriate to achieve the purposes of this compact. 817
1215	1215	T. Provide for the uniform collection and sharing of 818
1216	1216	information between and among member states, schools, and 819
1217	1217	military families under this compact. 820
1218	1218	ARTICLE XI 821
1219	1219	ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION. — 822
1220	1220	A. The Interstate Commission shall, by a majority of the 823
1221	1221	members present and voting, within 12 months after the first 824
1222	1222	Interstate Commission meeting, adopt bylaws to govern its 825
1223	1223
1224	1224	HB 465 2022
1225	1225
1226	1226
1227	1227
1228	1228	CODING: Words stricken are deletions; words underlined are additions.
1229	1229	hb0465-00
1230	1230	Page 34 of 55
1231	1231	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232	1232
1233	1233
1234	1234
1235	1235	conduct as may be necessary or appropriate to carry out the 826
1236	1236	purposes of the compact, including, but not limited to: 827
1237	1237	1. Establishing the fiscal year of the Interstate 828
1238	1238	Commission; 829
1239	1239	2. Establishing an executive committee and such other 830
1240	1240	committees as may be necessary; 831
1241	1241	3. Providing for the establishment of committees and for 832
1242	1242	governing any general or specific delegation of authority or 833
1243	1243	function of the Interstate Commission; 834
1244	1244	4. Providing reasonable procedures for calling and 835
1245	1245	conducting meetings of the Interstate Commission and ensuring 836
1246	1246	reasonable notice of each such meeting; 837
1247	1247	5. Establishing the titles and responsibilities of the 838
1248	1248	officers and staff of the Interstate Commission; 839
1249	1249	6. Providing a mechanism for concluding the operati ons of 840
1250	1250	the Interstate Commission and the return of surplus funds that 841
1251	1251	may exist upon the termination of the compact after the payment 842
1252	1252	and reserving of all of its debts and obligations. 843
1253	1253	7. Providing "start up" rules for initial administration 844
1254	1254	of the compact. 845
1255	1255	B. The Interstate Commission shall, by a majority of the 846
1256	1256	members, elect annually from among its members a chairperson, a 847
1257	1257	vice chairperson, and a treasurer, each of whom shall have such 848
1258	1258	authority and duties as may be specified in the bylaws. The 849
1259	1259	chairperson or, in the chairperson's absence or disability, the 850
1260	1260
1261	1261	HB 465 2022
1262	1262
1263	1263
1264	1264
1265	1265	CODING: Words stricken are deletions; words underlined are additions.
1266	1266	hb0465-00
1267	1267	Page 35 of 55
1268	1268	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269	1269
1270	1270
1271	1271
1272	1272	vice chairperson shall preside at all meetings of the Interstate 851
1273	1273	Commission. The officers so elected shall serve without 852
1274	1274	compensation or remuneration from the Interstate Commission; 853
1275	1275	provided that, subject to the availability of budgeted funds, 854
1276	1276	the officers shall be reimbursed for ordinary and necessary 855
1277	1277	costs and expenses incurred by them in the performance of their 856
1278	1278	responsibilities as officers of the Interstate Commission. 857
1279	1279	C. The executive committ ee has the authority and duties as 858
1280	1280	may be set forth in the bylaws, including, but not limited to: 859
1281	1281	1. Managing the affairs of the Interstate Commission in a 860
1282	1282	manner consistent with the bylaws and purposes of the Interstate 861
1283	1283	Commission; 862
1284	1284	2. Overseeing an or ganizational structure within, and 863
1285	1285	appropriate procedures for, the Interstate Commission to provide 864
1286	1286	for the adoption of rules, operating procedures, and 865
1287	1287	administrative and technical support functions; and 866
1288	1288	3. Planning, implementing, and coordinating commu nications 867
1289	1289	and activities with other state, federal, and local government 868
1290	1290	organizations in order to advance the goals of the Interstate 869
1291	1291	Commission. 870
1292	1292	D. The executive committee may, subject to the approval of 871
1293	1293	the Interstate Commission, appoint or retain an executive 872
1294	1294	director for such period, upon such terms and conditions and for 873
1295	1295	such compensation, as the Interstate Commission may deem 874
1296	1296	appropriate. The executive director shall serve as secretary to 875
1297	1297
1298	1298	HB 465 2022
1299	1299
1300	1300
1301	1301
1302	1302	CODING: Words stricken are deletions; words underlined are additions.
1303	1303	hb0465-00
1304	1304	Page 36 of 55
1305	1305	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306	1306
1307	1307
1308	1308
1309	1309	the Interstate Commission but is not a member of the Interst ate 876
1310	1310	Commission. The executive director shall hire and supervise such 877
1311	1311	other persons as may be authorized by the Interstate Commission. 878
1312	1312	E. The Interstate Commission's executive director and its 879
1313	1313	employees are immune from suit and liability, either personall y 880
1314	1314	or in their official capacity, for a claim for damage to or loss 881
1315	1315	of property or personal injury or other civil liability caused 882
1316	1316	or arising out of, or relating to, an actual or alleged act, 883
1317	1317	error, or omission that occurred, or that such person had a 884
1318	1318	reasonable basis for believing occurred, within the scope of 885
1319	1319	Interstate Commission employment, duties, or responsibilities, 886
1320	1320	provided that the person is not protected from suit or liability 887
1321	1321	for damage, loss, injury, or liability caused by the intentional 888
1322	1322	or willful and wanton misconduct of the person. 889
1323	1323	1. The liability of the Interstate Commission's executive 890
1324	1324	director and employees or Interstate Commission representatives, 891
1325	1325	acting within the scope of the person's employment or duties, 892
1326	1326	for acts, errors, or omissio ns occurring within the person's 893
1327	1327	state may not exceed the limits of liability set forth under the 894
1328	1328	constitution and laws of that state for state officials, 895
1329	1329	employees, and agents. The Interstate Commission is considered 896
1330	1330	to be an instrumentality of the states for the purposes of any 897
1331	1331	such action. This subsection does not protect the person from 898
1332	1332	suit or liability for damage, loss, injury, or liability caused 899
1333	1333	by the intentional or willful and wanton misconduct of the 900
1334	1334
1335	1335	HB 465 2022
1336	1336
1337	1337
1338	1338
1339	1339	CODING: Words stricken are deletions; words underlined are additions.
1340	1340	hb0465-00
1341	1341	Page 37 of 55
1342	1342	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343	1343
1344	1344
1345	1345
1346	1346	person. 901
1347	1347	2. The Interstate Commission shall d efend the executive 902
1348	1348	director and its employees and, subject to the approval of the 903
1349	1349	Attorney General or other appropriate legal counsel of the 904
1350	1350	member state represented by an Interstate Commission 905
1351	1351	representative, shall defend an Interstate Commission 906
1352	1352	representative in any civil action seeking to impose liability 907
1353	1353	arising out of an actual or alleged act, error, or omission that 908
1354	1354	occurred within the scope of Interstate Commission employment, 909
1355	1355	duties, or responsibilities, or that the defendant had a 910
1356	1356	reasonable basis for believing occurred within the scope of 911
1357	1357	Interstate Commission employment, duties, or responsibilities, 912
1358	1358	provided that the actual or alleged act, error, or omission did 913
1359	1359	not result from intentional or willful and wanton misconduct on 914
1360	1360	the part of the pers on. 915
1361	1361	3. To the extent not covered by the state involved, a 916
1362	1362	member state, the Interstate Commission, and the representatives 917
1363	1363	or employees of the Interstate Commission shall be held harmless 918
1364	1364	in the amount of a settlement or judgment, including attorney's 919
1365	1365	fees and costs, obtained against a person arising out of an 920
1366	1366	actual or alleged act, error, or omission that occurred within 921
1367	1367	the scope of Interstate Commission employment, duties, or 922
1368	1368	responsibilities, or that the person had a reasonable basis for 923
1369	1369	believing occurred within the scope of Interstate Commission 924
1370	1370	employment, duties, or responsibilities, provided that the 925
1371	1371
1372	1372	HB 465 2022
1373	1373
1374	1374
1375	1375
1376	1376	CODING: Words stricken are deletions; words underlined are additions.
1377	1377	hb0465-00
1378	1378	Page 38 of 55
1379	1379	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380	1380
1381	1381
1382	1382
1383	1383	actual or alleged act, error, or omission did not result from 926
1384	1384	intentional or willful and wanton misconduct on the part of the 927
1385	1385	person. 928
1386	1386	ARTICLE XII 929
1387	1387	RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION. —The 930
1388	1388	Interstate Commission shall adopt rules to effectively and 931
1389	1389	efficiently implement this act to achieve the purposes of this 932
1390	1390	compact. 933
1391	1391	A. If the Interstate Commission exercises its rulemaking 934
1392	1392	authority in a manner that is beyond the scope of the purposes 935
1393	1393	of this act, or the powers granted hereunder, the action 936
1394	1394	undertaken by the Interstate Commission is invalid and has no 937
1395	1395	force or effect. 938
1396	1396	B. Rules must be adopted pursuant to a rulemaking process 939
1397	1397	that substantially conforms to the "Model State Administrative 940
1398	1398	Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 941
1399	1399	1 (2000) as amended, as may be appropriate to the operations of 942
1400	1400	the Interstate Commission. 943
1401	1401	C. No later than 30 days after a rule is adopted, a person 944
1402	1402	may file a petition for judicial review of the rule. The filing 945
1403	1403	of the petition does not stay or otherwise prevent the rule from 946
1404	1404	becoming effective unless a court finds that the petitioner has 947
1405	1405	a substantial likelihood of success on the m erits of the 948
1406	1406	petition. The court shall give deference to the actions of the 949
1407	1407	Interstate Commission consistent with applicable law and shall 950
1408	1408
1409	1409	HB 465 2022
1410	1410
1411	1411
1412	1412
1413	1413	CODING: Words stricken are deletions; words underlined are additions.
1414	1414	hb0465-00
1415	1415	Page 39 of 55
1416	1416	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417	1417
1418	1418
1419	1419
1420	1420	not find the rule to be unlawful if the rule represents a 951
1421	1421	reasonable exercise of the Interstate Commission's authorit y. 952
1422	1422	D. If a majority of the legislatures of the compacting 953
1423	1423	states rejects a rule by enactment of a statute or resolution in 954
1424	1424	the same manner used to adopt the compact, then the rule is 955
1425	1425	invalid and has no further force and effect in any compacting 956
1426	1426	state. 957
1427	1427	ARTICLE XIII 958
1428	1428	OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION. — 959
1429	1429	A. The executive, legislative, and judicial branches of 960
1430	1430	state government in each member state shall enforce this compact 961
1431	1431	and shall take all actions necessary and appropriate to 962
1432	1432	effectuate the compact's purposes and intent. The provisions of 963
1433	1433	this compact and the rules adopted under it have the force and 964
1434	1434	effect of statutory law. 965
1435	1435	B. All courts shall take judicial notice of the compact 966
1436	1436	and its adopted rules in any judicial or administrative 967
1437	1437	proceeding in a member state pertaining to the subject matter of 968
1438	1438	this compact which may affect the powers, responsibilities, or 969
1439	1439	actions of the Interstate Commission. 970
1440	1440	C. The Interstate Commission is entitled to receive all 971
1441	1441	service of process in any such proceed ing, and has standing to 972
1442	1442	intervene in the proceeding for all purposes. Failure to provide 973
1443	1443	service of process to the Interstate Commission renders a 974
1444	1444	judgment or order void as to the Interstate Commission, this 975
1445	1445
1446	1446	HB 465 2022
1447	1447
1448	1448
1449	1449
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1451	1451	hb0465-00
1452	1452	Page 40 of 55
1453	1453	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454	1454
1455	1455
1456	1456
1457	1457	compact, or its adopted rules. 976
1458	1458	D. If the Interstate Commission determines that a member 977
1459	1459	state has defaulted in the performance of its obligations or 978
1460	1460	responsibilities under this compact, or the bylaws or the 979
1461	1461	adopted rules, the Interstate Commission shall: 980
1462	1462	1. Provide written notice to the defaulting state and 981
1463	1463	other member states of the nature of the default, the means of 982
1464	1464	curing the default, and any action taken by the Interstate 983
1465	1465	Commission. The Interstate Commission must specify the 984
1466	1466	conditions by which the defaulting state must cure its default. 985
1467	1467	2. Provide remedial training and specific technical 986
1468	1468	assistance regarding the default. 987
1469	1469	3. If the defaulting state fails to cure the default, 988
1470	1470	terminate the defaulting state from the compact upon an 989
1471	1471	affirmative vote of a majority of the member states and all 990
1472	1472	rights, privileges, and benefits conferred by this compact shall 991
1473	1473	be terminated from the effective date of termination. A cure of 992
1474	1474	the default does not relieve the offending state of obligations 993
1475	1475	or liabilities incurred during the period of the default. 994
1476	1476	E. Suspension or termination of membership in the compact 995
1477	1477	may not be imposed on a member until all other means of securing 996
1478	1478	compliance have been exhausted. Notice of the intent to suspend 997
1479	1479	or terminate membership must be given by the Interstate 998
1480	1480	Commission to the Governor, the majority and minority leaders of 999
1481	1481	the defaulting state's legislature, and each of the member 1000
1482	1482
1483	1483	HB 465 2022
1484	1484
1485	1485
1486	1486
1487	1487	CODING: Words stricken are deletions; words underlined are additions.
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1490	1490	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491	1491
1492	1492
1493	1493
1494	1494	states. 1001
1495	1495	F. A state that has been suspended or terminated is 1002
1496	1496	responsible for all assessments, obligations, and liabilities 1003
1497	1497	incurred through the effe ctive date of suspension or 1004
1498	1498	termination, including obligations, the performance of which 1005
1499	1499	extends beyond the effective date of suspension or termination. 1006
1500	1500	G. The remaining member states of the Interstate 1007
1501	1501	Commission do not bear any costs arising from a stat e that has 1008
1502	1502	been found to be in default or that has been suspended or 1009
1503	1503	terminated from the compact, unless otherwise mutually agreed 1010
1504	1504	upon in writing between the Interstate Commission and the 1011
1505	1505	defaulting state. 1012
1506	1506	H. A defaulting state may appeal the action of the 1013
1507	1507	Interstate Commission by petitioning the United States District 1014
1508	1508	Court for the District of Columbia or the federal district where 1015
1509	1509	the Interstate Commission has its principal offices. The 1016
1510	1510	prevailing party shall be awarded all costs of such litigation, 1017
1511	1511	including reasonable attorney's fees. 1018
1512	1512	I. The Interstate Commission shall attempt, upon the 1019
1513	1513	request of a member state, to resolve disputes that are subject 1020
1514	1514	to the compact and that may arise among member states and 1021
1515	1515	between member and nonmember states. The In terstate Commission 1022
1516	1516	shall promulgate a rule providing for both mediation and binding 1023
1517	1517	dispute resolution for disputes as appropriate. 1024
1518	1518	1. The Interstate Commission, in the reasonable exercise 1025
1519	1519
1520	1520	HB 465 2022
1521	1521
1522	1522
1523	1523
1524	1524	CODING: Words stricken are deletions; words underlined are additions.
1525	1525	hb0465-00
1526	1526	Page 42 of 55
1527	1527	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1528	1528
1529	1529
1530	1530
1531	1531	of its discretion, shall enforce the provisions and rules of 1026
1532	1532	this compact. 1027
1533	1533	2. The Interstate Commission may, by majority vote of the 1028
1534	1534	members, initiate legal action in the United States District 1029
1535	1535	Court for the District of Columbia or, at the discretion of the 1030
1536	1536	Interstate Commission, in the federal district where the 1031
1537	1537	Interstate Commission has its principal offices to enforce 1032
1538	1538	compliance with the provisions of the compact, or its 1033
1539	1539	promulgated rules and bylaws, against a member state in default. 1034
1540	1540	The relief sought may include both injunctive relief and 1035
1541	1541	damages. In the event ju dicial enforcement is necessary, the 1036
1542	1542	prevailing party shall be awarded all costs of such litigation, 1037
1543	1543	including reasonable attorney's fees. 1038
1544	1544	3. The remedies herein are not the exclusive remedies of 1039
1545	1545	the Interstate Commission. The Interstate Commission may a vail 1040
1546	1546	itself of any other remedies available under state law or the 1041
1547	1547	regulation of a profession. 1042
1548	1548	ARTICLE XIV 1043
1549	1549	FINANCING OF THE INTERSTATE COMMISSION. — 1044
1550	1550	A. The Interstate Commission shall pay, or provide for the 1045
1551	1551	payment of, the reasonable expenses of its est ablishment, 1046
1552	1552	organization, and ongoing activities. 1047
1553	1553	B. The Interstate Commission may levy on and collect an 1048
1554	1554	annual assessment from each member state to cover the cost of 1049
1555	1555	the operations and activities of the Interstate Commission and 1050
1556	1556
1557	1557	HB 465 2022
1558	1558
1559	1559
1560	1560
1561	1561	CODING: Words stricken are deletions; words underlined are additions.
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1563	1563	Page 43 of 55
1564	1564	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1565	1565
1566	1566
1567	1567
1568	1568	its staff which must be in a total amount sufficient to cover 1051
1569	1569	the Interstate Commission's annual budget as approved each year. 1052
1570	1570	The aggregate annual assessment amount shall be allocated based 1053
1571	1571	upon a formula to be determined by the Interstate Commission, 1054
1572	1572	which shall adopt a rule b inding upon all member states. 1055
1573	1573	C. The Interstate Commission may not incur any obligation 1056
1574	1574	of any kind before securing the funds adequate to meet the 1057
1575	1575	obligation and the Interstate Commission may not pledge the 1058
1576	1576	credit of any of the member states, except by and with the 1059
1577	1577	permission of the member state. 1060
1578	1578	D. The Interstate Commission shall keep accurate accounts 1061
1579	1579	of all receipts and disbursements. The receipts and 1062
1580	1580	disbursements of the Interstate Commission are subject to audit 1063
1581	1581	and accounting procedures establish ed under its bylaws. However, 1064
1582	1582	all receipts and disbursements of funds handled by the 1065
1583	1583	Interstate Commission shall be audited yearly by a certified or 1066
1584	1584	licensed public accountant, and the report of the audit shall be 1067
1585	1585	included in and become part of the annual report of the 1068
1586	1586	Interstate Commission. 1069
1587	1587	ARTICLE XV 1070
1588	1588	MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT. — 1071
1589	1589	A. Any state is eligible to become a member state. 1072
1590	1590	B. The compact shall take effect and be binding upon 1073
1591	1591	legislative enactment of the compact into law by not less than 1074
1592	1592	10 of the states. The effective date shall be no earlier than 1075
1593	1593
1594	1594	HB 465 2022
1595	1595
1596	1596
1597	1597
1598	1598	CODING: Words stricken are deletions; words underlined are additions.
1599	1599	hb0465-00
1600	1600	Page 44 of 55
1601	1601	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1602	1602
1603	1603
1604	1604
1605	1605	December 1, 2007. Thereafter, it shall become effective and 1076
1606	1606	binding as to any other member state upon enactment of the 1077
1607	1607	compact into law by that state. The governors of nonmember 1078
1608	1608	states or their designees shall be invited to participate in the 1079
1609	1609	activities of the Interstate Commission on a nonvoting basis 1080
1610	1610	before adoption of the compac t by all states. 1081
1611	1611	C. The Interstate Commission may propose amendments to the 1082
1612	1612	compact for enactment by the member states. An amendment does 1083
1613	1613	not become effective and binding upon the Interstate Commission 1084
1614	1614	and the member states until the amendment is enacted into law by 1085
1615	1615	unanimous consent of the member states. 1086
1616	1616	ARTICLE XVI 1087
1617	1617	WITHDRAWAL AND DISSOLUTION. — 1088
1618	1618	A. Once in effect, the compact continues in force and 1089
1619	1619	remains binding upon each and every member state, provided that 1090
1620	1620	a member state may withdraw from the comp act, specifically 1091
1621	1621	repealing the statute that enacted the compact into law. 1092
1622	1622	1. Withdrawal from the compact occurs when a statute 1093
1623	1623	repealing its membership is enacted by the state, but does not 1094
1624	1624	take effect until 1 year after the effective date of the statut e 1095
1625	1625	and until written notice of the withdrawal has been given by the 1096
1626	1626	withdrawing state to the Governor of each other member state. 1097
1627	1627	2. The withdrawing state must immediately notify the 1098
1628	1628	chairperson of the Interstate Commission in writing upon the 1099
1629	1629	introduction of legislation repealing this compact in the 1100
1630	1630
1631	1631	HB 465 2022
1632	1632
1633	1633
1634	1634
1635	1635	CODING: Words stricken are deletions; words underlined are additions.
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1638	1638	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1639	1639
1640	1640
1641	1641
1642	1642	withdrawing state. The Interstate Commission shall notify the 1101
1643	1643	other member states of the withdrawing state's intent to 1102
1644	1644	withdraw within 60 days after its receipt thereof. 1103
1645	1645	3. A withdrawing state is responsible for all assessments, 1104
1646	1646	obligations, and liabilities incurred through the effective date 1105
1647	1647	of withdrawal, including obligations, the performance of which 1106
1648	1648	extend beyond the effective date of withdrawal. 1107
1649	1649	4. Reinstatement following withdrawal of a member state 1108
1650	1650	shall occur upon the withdrawing state reenacting the compact or 1109
1651	1651	upon such later date as determined by the Interstate Commission. 1110
1652	1652	B. This compact shall dissolve effective upon the date of 1111
1653	1653	the withdrawal or default of the member state which reduces the 1112
1654	1654	membership in the compact to one member state. 1113
1655	1655	C. Upon the dissolution of this compact, the compact 1114
1656	1656	becomes void and has no further force or effect, and the 1115
1657	1657	business and affairs of the Interstate Commission shall be 1116
1658	1658	concluded and surplus funds shall be dis tributed in accordance 1117
1659	1659	with the bylaws. 1118
1660	1660	ARTICLE XVII 1119
1661	1661	SEVERABILITY AND CONSTRUCTION. — 1120
1662	1662	A. The provisions of this compact shall be severable, and 1121
1663	1663	if any phrase, clause, sentence, or provision is deemed 1122
1664	1664	unenforceable, the remaining provisions of the compact shall be 1123
1665	1665	enforceable. 1124
1666	1666	B. The provisions of this compact shall be liberally 1125
1667	1667
1668	1668	HB 465 2022
1669	1669
1670	1670
1671	1671
1672	1672	CODING: Words stricken are deletions; words underlined are additions.
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1675	1675	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1676	1676
1677	1677
1678	1678
1679	1679	construed to effectuate its purposes. 1126
1680	1680	C. This compact does not prohibit the applicability of 1127
1681	1681	other interstate compacts to which the states are members. 1128
1682	1682	ARTICLE XVIII 1129
1683	1683	BINDING EFFECT OF COMPACT AND OTHER LAWS. — 1130
1684	1684	A. This compact does not prevent the enforcement of any 1131
1685	1685	other law of a member state that is not inconsistent with this 1132
1686	1686	compact. 1133
1687	1687	B. All member states' laws conflicting with this compact 1134
1688	1688	are superseded to the extent of t he conflict. 1135
1689	1689	C. All lawful actions of the Interstate Commission, 1136
1690	1690	including all rules and bylaws promulgated by the Interstate 1137
1691	1691	Commission, are binding upon the member states. 1138
1692	1692	D. All agreements between the Interstate Commission and 1139
1693	1693	the member states are binding in accordance with their terms. 1140
1694	1694	E. If any part of this compact exceeds the constitutional 1141
1695	1695	limits imposed on the legislature of any member state, the 1142
1696	1696	provision shall be ineffective to the extent of the conflict 1143
1697	1697	with the constitutional provision in question in that member 1144
1698	1698	state. 1145
1699	1699	Section 23. Paragraph (b) of subsection (1) of section 1146
1700	1700	1003.051, Florida Statutes, is amended to read: 1147
1701	1701	1003.051 Purple Star Campuses. — 1148
1702	1702	(1) As used in this section, the term "military student" 1149
1703	1703	means a student who is: 1150
1704	1704
1705	1705	HB 465 2022
1706	1706
1707	1707
1708	1708
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1712	1712	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1713	1713
1714	1714
1715	1715
1716	1716	(b) A dependent of a current member of the United States 1151
1717	1717	military serving on active duty in, or a former member of, the 1152
1718	1718	Army, Navy, Air Force, Space Force, Marine Corps, or Coast 1153
1719	1719	Guard; a reserve component of any branch of the United States 1154
1720	1720	military; or the Florida National Guard. 1155
1721	1721	Section 24. For the purpose of incorporating the amendment 1156
1722	1722	made by this act to section 250.01, Florida Statutes, in a 1157
1723	1723	reference thereto, subsection (7) of section 373.324, Florida 1158
1724	1724	Statutes, is reenacted to read: 1159
1725	1725	373.324 License renewal.— 1160
1726	1726	(7) Notwithstanding the renewal requirements in subsection 1161
1727	1727	(3) and s. 250.4815 for members of the Florida National Guard 1162
1728	1728	and the United States Armed Forces Reserves, any active water 1163
1729	1729	well contractor license issued under this part to a 1164
1730	1730	servicemember as defined in s. 250.01 or his or her spouse, both 1165
1731	1731	of whom reside in Florida, may not become inactive while the 1166
1732	1732	servicemember is serving on military orders which take him or 1167
1733	1733	her over 35 miles from his or her residence and shall be 1168
1734	1734	considered an active license for up to 180 days after the 1169
1735	1735	servicemember returns to his or her Florida residence. If the 1170
1736	1736	license renewal requirements are met within the 180 -day 1171
1737	1737	extension period, the servicemember or his or her spouse may not 1172
1738	1738	be charged any additional c osts, such as, but not limited to, 1173
1739	1739	late fees or delinquency fees, above the normal license fees. 1174
1740	1740	This subsection does not waive renewal requirements such as 1175
1741	1741
1742	1742	HB 465 2022
1743	1743
1744	1744
1745	1745
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1749	1749	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1750	1750
1751	1751
1752	1752
1753	1753	registering, continuing education, and all associated fees. The 1176
1754	1754	servicemember must present to the w ater management district 1177
1755	1755	issuing the license a copy of his or her official military 1178
1756	1756	orders or a written verification from the member's commanding 1179
1757	1757	officer before the end of the 180 -day period in order to qualify 1180
1758	1758	for the extension. 1181
1759	1759	Section 25. For the pu rpose of incorporating the amendment 1182
1760	1760	made by this act to section 250.01, Florida Statutes, in a 1183
1761	1761	reference thereto, paragraph (c) of subsection (1) of section 1184
1762	1762	409.1664, Florida Statutes, is reenacted to read: 1185
1763	1763	409.1664 Adoption benefits for qualifying adop tive 1186
1764	1764	employees of state agencies, veterans, and servicemembers. — 1187
1765	1765	(1) As used in this section, the term: 1188
1766	1766	(c) "Servicemember" has the same meaning as in s. 1189
1767	1767	250.01(19). 1190
1768	1768	Section 26. For the purpose of incorporating the amendment 1191
1769	1769	made by this act to sec tion 250.01, Florida Statutes, in a 1192
1770	1770	reference thereto, subsection (1) of section 520.14, Florida 1193
1771	1771	Statutes, is reenacted to read: 1194
1772	1772	520.14 Termination of retail installment contract for 1195
1773	1773	leasing a motor vehicle by a servicemember. — 1196
1774	1774	(1) Any servicemember, a s defined in s. 250.01, may 1197
1775	1775	terminate his or her retail installment contract for leasing a 1198
1776	1776	motor vehicle by providing the sales finance company with a 1199
1777	1777	written notice of termination, effective on the date specified 1200
1778	1778
1779	1779	HB 465 2022
1780	1780
1781	1781
1782	1782
1783	1783	CODING: Words stricken are deletions; words underlined are additions.
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1786	1786	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1787	1787
1788	1788
1789	1789
1790	1790	in the notice, which date shall be at leas t 30 days after the 1201
1791	1791	receipt of the notice by the sales finance company, if any of 1202
1792	1792	the following criteria are met: 1203
1793	1793	(a) The servicemember is required, pursuant to a permanent 1204
1794	1794	change of station, to move outside the continental United 1205
1795	1795	States; or 1206
1796	1796	(b) The servicemember receives temporary duty orders, 1207
1797	1797	temporary change of station orders, or active duty orders 1208
1798	1798	outside the continental United States, provided such orders are 1209
1799	1799	for a period exceeding 60 days. 1210
1800	1800	Section 27. For the purpose of incorporating the amend ment 1211
1801	1801	made by this act to section 250.01, Florida Statutes, in a 1212
1802	1802	reference thereto, subsection (5) of section 627.7283, Florida 1213
1803	1803	Statutes, is reenacted to read: 1214
1804	1804	627.7283 Cancellation; return of unearned premium. — 1215
1805	1805	(5) The insurer must refund 100 percent o f the unearned 1216
1806	1806	premium if the insured is a servicemember, as defined in s. 1217
1807	1807	250.01, who cancels because he or she is called to active duty 1218
1808	1808	or transferred by the United States Armed Forces to a location 1219
1809	1809	where the insurance is not required. The insurer may re quire a 1220
1810	1810	servicemember to submit either a copy of the official military 1221
1811	1811	orders or a written verification signed by the servicemember's 1222
1812	1812	commanding officer to support the refund authorized under this 1223
1813	1813	subsection. If the insurer cancels, the insurer must refund 100 1224
1814	1814	percent of the unearned premium. Cancellation is without 1225
1815	1815
1816	1816	HB 465 2022
1817	1817
1818	1818
1819	1819
1820	1820	CODING: Words stricken are deletions; words underlined are additions.
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1823	1823	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1824	1824
1825	1825
1826	1826
1827	1827	prejudice to any claim originating prior to the effective date 1226
1828	1828	of the cancellation. For purposes of this section, unearned 1227
1829	1829	premiums must be computed on a pro rata basis. 1228
1830	1830	Section 28. For the purpose of incorporating the amendment 1229
1831	1831	made by this act to section 250.01, Florida Statutes, in a 1230
1832	1832	reference thereto, paragraph (d) of subsection (1) of section 1231
1833	1833	689.27, Florida Statutes, is reenacted to read: 1232
1834	1834	689.27 Termination by servicemember of agreeme nt to 1233
1835	1835	purchase real property. — 1234
1836	1836	(1) Notwithstanding any other provisions of law and for 1235
1837	1837	the purposes of this section: 1236
1838	1838	(d) "Servicemember" shall have the same meaning as 1237
1839	1839	provided in s. 250.01. 1238
1840	1840	Section 29. For the purpose of incorporating the amendmen t 1239
1841	1841	made by this act to section 250.01, Florida Statutes, in a 1240
1842	1842	reference thereto, paragraph (a) of subsection (5) of section 1241
1843	1843	790.015, Florida Statutes, is reenacted to read: 1242
1844	1844	790.015 Nonresidents who are United States citizens and 1243
1845	1845	hold a concealed weapons l icense in another state; reciprocity. — 1244
1846	1846	(5) The requirement of paragraph (1)(a) does not apply to 1245
1847	1847	a person who: 1246
1848	1848	(a) Is a servicemember, as defined in s. 250.01; or 1247
1849	1849	Section 30. For the purpose of incorporating the amendment 1248
1850	1850	made by this act to sectio n 250.01, Florida Statutes, in 1249
1851	1851	references thereto, paragraph (f) of subsection (4) and 1250
1852	1852
1853	1853	HB 465 2022
1854	1854
1855	1855
1856	1856
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1860	1860	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1861	1861
1862	1862
1863	1863
1864	1864	paragraph (b) of subsection (11) of section 790.06, Florida 1251
1865	1865	Statutes, are reenacted to read: 1252
1866	1866	790.06 License to carry concealed weapon or firearm. — 1253
1867	1867	(4) The application shall be completed, under oath, on a 1254
1868	1868	form adopted by the Department of Agriculture and Consumer 1255
1869	1869	Services and shall include: 1256
1870	1870	(f) Directions for an applicant who is a servicemember, as 1257
1871	1871	defined in s. 250.01, or a veteran, as defined in s. 1.01, to 1258
1872	1872	request expedited processing of his or her application. 1259
1873	1873	(11) 1260
1874	1874	(b) A license issued to a servicemember, as defined in s. 1261
1875	1875	250.01, is subject to paragraph (a); however, such a license 1262
1876	1876	does not expire while the servicemember is serving on military 1263
1877	1877	orders that have taken him or her over 35 miles from his or her 1264
1878	1878	residence and shall be extended, as provided in this paragraph, 1265
1879	1879	for up to 180 days after his or her return to such residence. If 1266
1880	1880	the license renewal requirements in paragraph (a) are met within 1267
1881	1881	the 180-day extension period, the servicemember may not be 1268
1882	1882	charged any additional costs, such as, but not limited to, late 1269
1883	1883	fees or delinquency fees, above the normal license fees. The 1270
1884	1884	servicemember must present to the Department of Agriculture and 1271
1885	1885	Consumer Services a cop y of his or her official military orders 1272
1886	1886	or a written verification from the member's commanding officer 1273
1887	1887	before the end of the 180 -day period in order to qualify for the 1274
1888	1888	extension. 1275
1889	1889
1890	1890	HB 465 2022
1891	1891
1892	1892
1893	1893
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1897	1897	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1898	1898
1899	1899
1900	1900
1901	1901	Section 31. For the purpose of incorporating the amendment 1276
1902	1902	made by this act to section 250.01, Florida Statutes, in a 1277
1903	1903	reference thereto, paragraph (a) of subsection (1) of section 1278
1904	1904	790.062, Florida Statutes, is reenacted to read: 1279
1905	1905	790.062 Members and veterans of United States Armed 1280
1906	1906	Forces; exceptions from licensure provisions. — 1281
1907	1907	(1) Notwithstanding s. 790.06(2)(b), the Department of 1282
1908	1908	Agriculture and Consumer Services shall issue a license to carry 1283
1909	1909	a concealed weapon or firearm under s. 790.06 if the applicant 1284
1910	1910	is otherwise qualified and: 1285
1911	1911	(a) Is a servicemember, as defined in s . 250.01; or 1286
1912	1912	Section 32. For the purpose of incorporating the amendment 1287
1913	1913	made by this act to section 250.01, Florida Statutes, in a 1288
1914	1914	reference thereto, subsection (13) of section 790.065, Florida 1289
1915	1915	Statutes, is reenacted to read: 1290
1916	1916	790.065 Sale and deliver y of firearms.— 1291
1917	1917	(13) A person younger than 21 years of age may not 1292
1918	1918	purchase a firearm. The sale or transfer of a firearm to a 1293
1919	1919	person younger than 21 years of age may not be made or 1294
1920	1920	facilitated by a licensed importer, licensed manufacturer, or 1295
1921	1921	licensed dealer. A person who violates this subsection commits a 1296
1922	1922	felony of the third degree, punishable as provided in s. 1297
1923	1923	775.082, s. 775.083, or s. 775.084. The prohibitions of this 1298
1924	1924	subsection do not apply to the purchase of a rifle or shotgun by 1299
1925	1925	a law enforcement officer or correctional officer, as those 1300
1926	1926
1927	1927	HB 465 2022
1928	1928
1929	1929
1930	1930
1931	1931	CODING: Words stricken are deletions; words underlined are additions.
1932	1932	hb0465-00
1933	1933	Page 53 of 55
1934	1934	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1935	1935
1936	1936
1937	1937
1938	1938	terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or 1301
1939	1939	(9), or a servicemember as defined in s. 250.01. 1302
1940	1940	Section 33. For the purpose of incorporating the amendment 1303
1941	1941	made by this act to section 250.01, Flor ida Statutes, in a 1304
1942	1942	reference thereto, paragraph (d) of subsection (2) of section 1305
1943	1943	790.0655, Florida Statutes, is reenacted to read: 1306
1944	1944	790.0655 Purchase and delivery of firearms; mandatory 1307
1945	1945	waiting period; exceptions; penalties. — 1308
1946	1946	(2) The waiting period does not apply in the following 1309
1947	1947	circumstances: 1310
1948	1948	(d) When a rifle or shotgun is being purchased by a law 1311
1949	1949	enforcement officer or correctional officer, as those terms are 1312
1950	1950	defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 1313
1951	1951	servicemember as defined in s. 250.01. 1314
1952	1952	Section 34. For the purpose of incorporating the amendment 1315
1953	1953	made by this act to section 250.01, Florida Statutes, in 1316
1954	1954	references thereto, subsections (1), (2), and (3) of section 1317
1955	1955	948.21, Florida Statutes, are reenacted to read: 1318
1956	1956	948.21 Condition of probation or community control; 1319
1957	1957	military servicemembers and veterans. — 1320
1958	1958	(1) Effective for a probationer or community controllee 1321
1959	1959	whose crime is committed on or after July 1, 2012, and who is a 1322
1960	1960	veteran, as defined in s. 1.01, or servicemember, as def ined in 1323
1961	1961	s. 250.01, who suffers from a military service -related mental 1324
1962	1962	illness, traumatic brain injury, substance abuse disorder, or 1325
1963	1963
1964	1964	HB 465 2022
1965	1965
1966	1966
1967	1967
1968	1968	CODING: Words stricken are deletions; words underlined are additions.
1969	1969	hb0465-00
1970	1970	Page 54 of 55
1971	1971	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1972	1972
1973	1973
1974	1974
1975	1975	psychological problem, the court may, in addition to any other 1326
1976	1976	conditions imposed, impose a condition requiring the probatio ner 1327
1977	1977	or community controllee to participate in a treatment program 1328
1978	1978	capable of treating the probationer's or community controllee's 1329
1979	1979	mental illness, traumatic brain injury, substance abuse 1330
1980	1980	disorder, or psychological problem. 1331
1981	1981	(2) Effective for a probationer or community controllee 1332
1982	1982	whose crime is committed on or after July 1, 2016, and who is a 1333
1983	1983	veteran, as defined in s. 1.01, including a veteran who is 1334
1984	1984	discharged or released under a general discharge, or 1335
1985	1985	servicemember, as defined in s. 250.01, who suffers from a 1336
1986	1986	military service-related mental illness, traumatic brain injury, 1337
1987	1987	substance abuse disorder, or psychological problem, the court 1338
1988	1988	may, in addition to any other conditions imposed, impose a 1339
1989	1989	condition requiring the probationer or community controllee to 1340
1990	1990	participate in a treatment program capable of treating the 1341
1991	1991	probationer or community controllee's mental illness, traumatic 1342
1992	1992	brain injury, substance abuse disorder, or psychological 1343
1993	1993	problem. 1344
1994	1994	(3) Effective for a probationer or community controllee 1345
1995	1995	whose crime is committed on or after October 1, 2019, and who is 1346
1996	1996	a veteran, as defined in s. 1.01; a veteran who is discharged or 1347
1997	1997	released under any condition; a servicemember, as defined in s. 1348
1998	1998	250.01; an individual who is a current or former United States 1349
1999	1999	Department of Defense contractor; or an individual who is a 1350
2000	2000
2001	2001	HB 465 2022
2002	2002
2003	2003
2004	2004
2005	2005	CODING: Words stricken are deletions; words underlined are additions.
2006	2006	hb0465-00
2007	2007	Page 55 of 55
2008	2008	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2009	2009
2010	2010
2011	2011
2012	2012	current or former military member of a foreign allied country, 1351
2013	2013	who suffers from a military service -related mental illness, 1352
2014	2014	traumatic brain injury, substance abuse disorder, or 1353
2015	2015	psychological problem, the court may, in addition to any other 1354
2016	2016	conditions imposed, impose a condition requiring the probationer 1355
2017	2017	or community controllee to participate in a treatment program 1356
2018	2018	capable of treating the probationer or community controllee's 1357
2019	2019	mental illness, traumatic brain inju ry, substance abuse 1358
2020	2020	disorder, or psychological problem. 1359
2021	2021	Section 35. Except as otherwise expressly provided in this 1360
2022	2022	act, this act shall take effect July 1, 2022. 1361