Florida 2023 Regular Session

Florida House Bill H1125 Compare Versions

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1010 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+A bill to be entitled 1
1515 An act relating to the interstate education compacts; 2
1616 creating s. 1012.993, F.S., creating the Interstate 3
1717 Teacher Mobility Compact; providing purpose and 4
1818 definitions for the compact; providing requirements 5
1919 for the licensure of teachers in member states who 6
2020 hold specified licenses in other member states; 7
2121 providing requirements for teachers who are licensed 8
2222 in one member state to become licensed in another 9
2323 member state, including career and technical education 10
2424 teachers; providing requirements for licensed teachers 11
2525 who are also eligible military spouses; providing 12
2626 requirements for the renewal of such licenses in the 13
2727 member state a teacher transferred his or her license 14
2828 to; providing applicability; authorizing member states 15
2929 to require additional information for the purpose of 16
3030 determining teacher compensation; providing 17
3131 construction; providing requirements a teacher must 18
3232 meet for licensure in a member state; provi ding 19
3333 requirements for the investigation or imposition of 20
3434 disciplinary measure and adverse actions for teachers; 21
3535 providing for the sharing and protection of certain 22
3636 information between member states; establishing the 23
3737 Interstate Teacher Mobility Compact Comm ission; 24
3838 providing purpose of the commission; providing 25
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4747 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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5151 requirements for the membership and meetings of the 26
5252 commission; providing for the removal or suspension of 27
5353 commissioners; providing requirements, powers, and 28
5454 duties of the commission; authorizing the c ommission 29
5555 to adopt bylaws and rules; establishing the executive 30
5656 committee of the commission; providing for the 31
5757 membership and meetings of the committee; providing 32
5858 the duties and responsibilities of the committee; 33
5959 providing meeting requirements for the comm ission; 34
6060 requiring the commission to keep specified records and 35
6161 minutes; requiring the commission to pay specified 36
6262 expenses; authorizing the commission to accept 37
6363 specified donations and grants; prohibiting the 38
6464 commission from incurring specified obligations ; 39
6565 providing specified immunity to certain individuals; 40
6666 providing exceptions; requiring the commission to 41
6767 defend specified individuals under certain 42
6868 circumstances; requiring the commission to indemnify 43
6969 certain individuals; providing exceptions; providing 44
7070 requirements for the rules of the commission; 45
7171 providing requirements for the exchange of specified 46
7272 information between member states; providing 47
7373 requirements for the oversight of the commission and 48
7474 member states; providing for the resolution of 49
7575 disputes through specified means, including specified 50
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8484 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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8686
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8888 judicial proceedings; requiring courts and 51
8989 administrative agencies of member states to take 52
9090 specified actions; providing requirements for the 53
9191 commission and member states for member states that 54
9292 have defaulted in thei r performance of compact 55
9393 requirements; providing requirements for notifications 56
9494 to such member states; providing requirements for 57
9595 member states who fail to cure such defaults; 58
9696 providing requirements for the termination of the 59
9797 compact for such member states ; providing requirements 60
9898 for member states whose participation in the compact 61
9999 is terminated; providing commission and member state 62
100100 requirements relating to the resolution of certain 63
101101 disputes; providing requirements for the compact to 64
102102 take effect; providing requirements for the effect of 65
103103 certain rules and bylaws on member states; providing 66
104104 requirements for member states to withdrawal from the 67
105105 compact; providing for construction and severability 68
106106 of the compact; providing for the consistent 69
107107 application of the compact in member states; providing 70
108108 that certain agreements are binding; amending s. 71
109109 1000.36, F.S.; updating a cross -reference within the 72
110110 Interstate Compact on Educational Opportunity for 73
111111 Military Children; providing an effective date. 74
112112 75
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121121 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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124124
125125 Be It Enacted by the Legislature of the State of Florida: 76
126126 77
127127 Section 1. Section 1012.993, Florida Statutes, is created 78
128128 to read: 79
129129 1012.993 Interstate Teacher Mobility Compact. —The Governor 80
130130 is authorized and directed to execute the Interstate Teacher 81
131131 Mobility Compact on behalf of this state with any other state or 82
132132 states legally joining therein in the form substantially as 83
133133 follows: 84
134134 85
135135 ARTICLE I 86
136136 PURPOSE 87
137137 88
138138 The purpose of this compact is to facilitate the mobility 89
139139 of teachers across the member states with the goal of supporti ng 90
140140 teachers through a new pathway to licensure. 91
141141 Through this compact, the member states seek to establish a 92
142142 collective regulatory framework which expedites and enhances the 93
143143 ability of teachers from a variety of backgrounds to move across 94
144144 state lines. This compact is intended to achieve the following 95
145145 objectives and should be interpreted accordingly. The member 96
146146 states hereby ratify the same intentions by subscribing hereto: 97
147147 (1) Create a streamlined pathway to licensure mobility for 98
148148 teachers; 99
149149 (2) Support the relocation of eligible military spouses; 100
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158158 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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160160
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162162 (3) Facilitate and enhance the exchange of licensure, 101
163163 investigative, and disciplinary information between the member 102
164164 states; 103
165165 (4) Enhance the power of state and district level 104
166166 education officials to hire qual ified, competent teachers by 105
167167 removing barriers to the employment of out -of-state teachers; 106
168168 (5) Support the retention of teachers in the profession by 107
169169 removing barriers to relicensure in a new state; and 108
170170 (6) Maintain state sovereignty in the regulation of the 109
171171 teaching profession. 110
172172 111
173173 ARTICLE II 112
174174 DEFINITIONS 113
175175 114
176176 As used in this compact, and except as otherwise provided, 115
177177 the following definitions shall govern the terms herein: 116
178178 (1) "Active military member" means any person with a full -117
179179 time duty status in the un iformed armed services of the United 118
180180 States, including members of the National Guard and Reserve. 119
181181 (2) "Adverse action" means any limitation or restriction 120
182182 imposed by a member state's licensing authority, including the 121
183183 revocation, suspension, reprimand, p robation, or limitation on 122
184184 the licensee's ability to work as a teacher. 123
185185 (3) "Bylaws" means the bylaws established by the 124
186186 commission. 125
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195195 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
196196
197197
198198
199199 (4) "Career and technical education" means a current, 126
200200 valid authorization issued by a member state's licensing 127
201201 authority allowing an individual to serve as a teacher in K -12 128
202202 public educational settings in a specific career and technical 129
203203 education area. 130
204204 (5) "Commissioner" means the delegate of a member state. 131
205205 (6) "Eligible license" means a license to engage in the 132
206206 teaching profession which requires at least a bachelor's degree 133
207207 and the completion of a state approved program for teacher 134
208208 licensure. 135
209209 (7) "Eligible military spouse" means the spouse of any 136
210210 individual in full-time duty status in the active uniformed 137
211211 service of the United States, including members of the National 138
212212 Guard and Reserve on active duty moving as a result of military 139
213213 mission or military career progression requirements, or are on 140
214214 their terminal move as a result of separation or retirement, 141
215215 including surviving spouses of deceased military members. 142
216216 (8) "Executive committee" means a group of commissioners 143
217217 elected or appointed to act on behalf of, and within the powers 144
218218 granted to them by, the commission as provided herein. 145
219219 (9) "Licensing authority" means an official, agency, 146
220220 board, or other entity of a state that is responsible for the 147
221221 licensing and regulation of teachers authorized to teach in K -12 148
222222 public educational settings. 149
223223 (10) "Member state" means any state that has adopted this 150
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232232 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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234234
235235
236236 compact, including all agencies and officials of such a state. 151
237237 (11) "Receiving state" means any state where a teacher has 152
238238 applied for licensure under this compact. 153
239239 (12) "Rule" means any regulation adopted by the commission 154
240240 under this compact which shall have the force of law in each 155
241241 member state. 156
242242 (13) "State" means a state, territory, or possession of 157
243243 the United States and the District of Columbia. 158
244244 (14) "State practice laws" means a member state's laws, 159
245245 rules, and regulations that govern the teaching profession, 160
246246 define the scope of such profession, and create the method and 161
247247 grounds for imposing discipline. 162
248248 (15) "Teacher" means an individual who currently holds an 163
249249 authorization from a member state which forms the basis for 164
250250 employment in the K-12 public schools of the state to provide 165
251251 instruction in a specific subject area, grade level, or student 166
252252 population. 167
253253 (16) "Unencumbered license" means a current, valid 168
254254 authorization issued by a member state's licensing authority 169
255255 allowing an individual to serve as a teacher in K -12 public 170
256256 education settings. An unencumbered license is not a restricted, 171
257257 probationary, provisional, substitute, or temporary credential. 172
258258 173
259259 ARTICLE III 174
260260 LICENSURE UNDER THE COMPACT 175
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269269 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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273273 176
274274 (1) Licensure under this compact pertains only to the 177
275275 initial grant of a license by the receiving state. Nothing 178
276276 herein applies to any subsequent or ongoing compliance 179
277277 requirements that a receiving state might require for teachers. 180
278278 (2) Each member state shall, in accordance with rules of 181
279279 the commission, define, compile, and update, as necessary, a 182
280280 list of eligible licenses and career and technical education 183
281281 licenses that the member state is willing to consider for 184
282282 equivalency under this compact and provide the list to the 185
283283 commission. The list shall include those licenses that a 186
284284 receiving state is willing to grant teachers from other member 187
285285 states, pending a determination of equivalency by the receiving 188
286286 state's licensing authority. 189
287287 (3) Upon the receipt of an application for licensure by a 190
288288 teacher holding an unencumbered license, the receiving state 191
289289 shall determine which of the receiving state's eligible licenses 192
290290 the teacher is qualified to hold and shall grant such a license 193
291291 or licenses to the applicant. Such a determination shall be made 194
292292 in the sole discretion of the rec eiving state's licensing 195
293293 authority and may include a determination that the applicant is 196
294294 not eligible for any of the receiving state's licenses. For all 197
295295 teachers who hold an unencumbered license, the receiving state 198
296296 shall grant one or more unencumbered lic ense that, in the 199
297297 receiving state's sole discretion, are equivalent to the license 200
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306306 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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310310 held by the teacher in any other member state. 201
311311 (4) For active duty military members and eligible military 202
312312 spouses who hold a license that is not unencumbered, the 203
313313 receiving state shall grant an equivalent license or licenses 204
314314 that, in the receiving state's sole discretion, is equivalent to 205
315315 the license or licenses held by the teacher in any other member 206
316316 state, except where the receiving state does not have an 207
317317 equivalent license. 208
318318 (5) For a teacher holding an unencumbered career and 209
319319 technical education license, the receiving state shall grant an 210
320320 unencumbered license equivalent to the career and technical 211
321321 education license held by the applying teacher and issued by 212
322322 another member state, as determined by the receiving state in 213
323323 its sole discretion, except where a career and technical 214
324324 education teacher does not hold a bachelor's degree and the 215
325325 receiving state requires a bachelor's degree for licenses to 216
326326 teach career and technical e ducation. A receiving state may 217
327327 require career and technical education teachers to meet state 218
328328 industry recognized requirements, if required by law in the 219
329329 receiving state. 220
330330 221
331331 ARTICLE IV 222
332332 LICENSURE NOT UNDER THE COMPACT 223
333333 224
334334 (1) Except as provided in Article III, nothing in this 225
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343343 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
344344
345345
346346
347347 compact shall be construed to limit or inhibit the power of a 226
348348 member state to regulate licensure or endorsements overseen by 227
349349 the member state's licensing authority. 228
350350 (2) When a teacher is required to renew a license received 229
351351 pursuant to this compact, the state granting such a license may 230
352352 require the teacher to complete state -specific requirements as a 231
353353 condition of licensure renewal or advancement in that state. 232
354354 (3) For purposes of determining compensation, a receiving 233
355355 state may require additional information from teachers receiving 234
356356 a license under the provisions of this compact. 235
357357 (4) Nothing in this compact shall be construed to limit 236
358358 the power of a member state to control and maintain ownership of 237
359359 its information pertaining to teachers or limit the application 238
360360 of a member state's laws or regulations governing the ownership, 239
361361 use, or dissemination of information pertain to teachers. 240
362362 (5) Nothing in this compact shall be construed to 241
363363 invalidate or alter any existing agreement or other coop erative 242
364364 arrangement which a member state may already be a party to or 243
365365 limit the ability of a member state to participate in any future 244
366366 agreement or other cooperative arrangement to: 245
367367 (a) Award teaching licenses or other benefits based on 246
368368 additional professional credentials, including, but not limited 247
369369 to, the National Board Certification; 248
370370 (b) Participate in the exchange of names of teachers whose 249
371371 license has been subject to an adverse action by a member state; 250
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380380 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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384384 or 251
385385 (c) Participate in any agreement or coop erative 252
386386 arrangement with a nonmember state. 253
387387 254
388388 ARTICLE V 255
389389 TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE UNDER THE 256
390390 COMPACT 257
391391 258
392392 (1) Except as provided for active military members or 259
393393 eligible military spouses under subsection (4) of Article III, a 260
394394 teacher may only be eligible to receive a license under this 261
395395 compact where that teacher holds an unencumbered license in a 262
396396 member state. 263
397397 (2) A teacher eligible to receive a license under this 264
398398 compact shall, unless otherwise provided herein: 265
399399 (a) Upon their application to receive a license under this 266
400400 compact, undergo a criminal background check in the receiving 267
401401 state in accordance with the laws and regulations of the 268
402402 receiving state; and 269
403403 (b) Provide the receiving state with information in 270
404404 addition to the infor mation required for licensure for the 271
405405 purposes of determining compensation, if applicable. 272
406406 273
407407 ARTICLE VI 274
408408 DISCIPLINE AND ADVERSE ACTIONS 275
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417417 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
418418
419419
420420
421421 276
422422 Nothing in this compact shall be deemed or construed to 277
423423 limit the authority of a member state to investigate or impose 278
424424 disciplinary measures on teachers according to the state 279
425425 practice laws thereof. 280
426426 281
427427 ARTICLE VII 282
428428 ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY COMPACT 283
429429 COMMISSION 284
430430 285
431431 (1) The interstate compact member states hereby create and 286
432432 establish a joint public agency known as the Interstate Teacher 287
433433 Mobility Compact Commission: 288
434434 (a) The commission is a joint interstate governmental 289
435435 agency comprised of states that have enacted the Interstate 290
436436 Teacher Mobility Compact. 291
437437 (b) Nothing in this compact shall be construed to b e a 292
438438 waiver of sovereign immunity. 293
439439 (2)(a) Each member state shall have and be limited to one 294
440440 delegate to the commission, who shall be given the title of 295
441441 commissioner. 296
442442 (b) The commissioner shall be the primary administrative 297
443443 officer of the state licensin g authority or their designee. 298
444444 (c) Any commissioner may be removed or suspended from 299
445445 office as provided by the law of the state from which the 300
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454454 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
455455
456456
457457
458458 commissioner is appointed. 301
459459 (d) The member state shall fill any vacancy occurring in 302
460460 the commission within 90 days. 303
461461 (e) Each commissioner shall be entitle to one vote about 304
462462 the adoption of rules and creation of bylaws and shall otherwise 305
463463 have an opportunity to participate in the business and affairs 306
464464 of the commission. A commissioner shall vote in person or by 307
465465 such other means as provided in the bylaws. The bylaws may 308
466466 provide for commissioners' participation in meetings by 309
467467 telephone or other means of communication. 310
468468 (f) The commission shall meet at least once during each 311
469469 calendar year. Additional meetings shall b e held as set forth in 312
470470 the bylaws. 313
471471 (g) The commission shall establish by rule a term of 314
472472 office for commissioners. 315
473473 (3) The commission shall have the following powers and 316
474474 duties: 317
475475 (a) Establish a code of ethics for the commission. 318
476476 (b) Establish a fisc al year of the commission. 319
477477 (c) Establish bylaws for the commission. 320
478478 (d) Maintain its financial records in accordance with the 321
479479 bylaws of the commission. 322
480480 (e) Meet and take such actions as are consistent with the 323
481481 provisions of this compact, the bylaws, and rules of the 324
482482 commission. 325
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491491 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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495495 (f) Adopt uniform rules to implement and administer this 326
496496 compact. The rules shall have the force and effect of law and 327
497497 shall be binding in all member states. In the event the 328
498498 commission exercises its rulemaking authority in a manner that 329
499499 is beyond the scope of the purposes of this compact, or the 330
500500 powers granted hereunder, then such an action by the commission 331
501501 shall be invalid and have no force and effect of law. 332
502502 (g) Bring and prosecute legal proceedings or actions in 333
503503 the name of the commission, provided that the standing of any 334
504504 member state licensing authority to sue or be sued under 335
505505 applicable law shall not be affected. 336
506506 (h) Purchase and maintain insurance and bonds. 337
507507 (i) Borrow, accept, or contract for services of personn el, 338
508508 including, but not limited to, employees of a member state or an 339
509509 associated nongovernmental organization that is open to 340
510510 membership by all states. 341
511511 (j) Hire employees, elect or appoint officers, fix 342
512512 compensation, define duties, grant such individuals appropriate 343
513513 authority to carry out the purposes of this compact, and 344
514514 establish the commission's personnel policies and programs 345
515515 relating to conflicts of interest, qualifications of personnel, 346
516516 and other related personnel matters. 347
517517 (k) Lease, purchase, acce pt appropriate gifts or donations 348
518518 of, or otherwise own, hold, improve, or use, any property, real, 349
519519 personal or mixed, provided that at all times the commission 350
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528528 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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532532 shall avoid any appearance of impropriety. 351
533533 (l) Sell, convey, mortgage, pledge, lease, exchange , 352
534534 abandon, or otherwise dispose of any property real, personal or 353
535535 mixed. 354
536536 (m) Establish a budget and make expenditures. 355
537537 (n) Borrow money. 356
538538 (o) Appoint committees, including standing committees 357
539539 composed of members and such other interested persons as may be 358
540540 designated in this interstate compact, rules, or bylaws. 359
541541 (p) Provide and receive information from, and cooperate 360
542542 with law enforcement agencies. 361
543543 (q) Establish and elect an executive committee. 362
544544 (r) Establish and develop a charter for an executive 363
545545 information governance committee to advise on facilitating the 364
546546 exchange of information, the use of information, data privacy, 365
547547 and technical support needs and provide reports as needed. 366
548548 (s) Perform such other functions as may be necessary or 367
549549 appropriate to achieve the purposes of this compact consistent 368
550550 with the state regulation of teacher licensure. 369
551551 (t) Determine whether a state's adopted language is 370
552552 materially different from the model compact language such that 371
553553 the state would not qualify for participation in the compact. 372
554554 (4)(a) The executive committee shall have the power to act 373
555555 on behalf of the commission according to the terms of this 374
556556 compact. 375
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565565 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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569569 (b) The executive committee shall be composed of eight 376
570570 voting members as follows: 377
571571 1. The chair of the commission. 378
572572 2. The vicechair of the commission. 379
573573 3. The treasurer of the commission. 380
574574 4. Five members who are elected by the commission from the 381
575575 current membership as follows: 382
576576 a. Four voting members representing geographic regions in 383
577577 accordance with commission rules. 384
578578 b. One at large voting member in accordance with 385
579579 commission rules. 386
580580 (c) The commission may add or remove members of the 387
581581 executive committee as provided in commission rules. 388
582582 (d) The executive committee shall meet at least on ce 389
583583 annually. 390
584584 (e) The executive committee shall have the following 391
585585 duties and responsibilities: 392
586586 1. Recommend to the entire commission changes to the rules 393
587587 or bylaws, changes to the compact legislation, fees paid by 394
588588 interstate compact member states such as annual dues and any 395
589589 compact fee charged by the member states on behalf of the 396
590590 commission. 397
591591 2. Ensure commission administration services are 398
592592 appropriately provided, contractual or otherwise. 399
593593 3. Prepare and recommend the budget. 400
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602602 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
603603
604604
605605
606606 4. Maintain financial records on behalf of the commission. 401
607607 5. Monitor compliance of member states and provide reports 402
608608 to the commission. 403
609609 6. Perform other duties as provided in the rules or 404
610610 bylaws. 405
611611 (5)(a) All meeting of the commission shall be open to the 406
612612 public and public notice of meetings shall be given in 407
613613 accordance with commission bylaws. 408
614614 (b) The commission shall keep minutes of commission 409
615615 meetings and shall provide a full and accurate summary of 410
616616 actions take, and the reasons thereof, including a description 411
617617 of the views expressed. All documents considered in connection 412
618618 with an action shall be identified in such minutes. 413
619619 (6)(a) The commission shall pay, or provide for the 414
620620 payment of, the reasonable expenses of its establishment, 415
621621 organization, and ongoing activities . 416
622622 (b) The commission may accept all appropriate donations 417
623623 and grants of money, equipment, supplies, materials, and 418
624624 services, and receive, utilize, and dispose of the same, 419
625625 provided that at all times the commission shall avoid any 420
626626 appearance of impropriet y or conflicts of interest. 421
627627 (c) The commission may levy on and collect an annual 422
628628 assessment from each member state or impose fees on other 423
629629 parties to cover the cost of the operations and activities of 424
630630 the commission, in accordance with the rules of the c ommission. 425
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639639 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
640640
641641
642642
643643 (d) The commission shall not incur obligations of any kind 426
644644 prior to securing the funds adequate to meet the same; nor shall 427
645645 the commission pledge the credit of any of the member states, 428
646646 except by and with the authority of the member state. 429
647647 (e) The commission shall keep accurate accounts of all 430
648648 receipts and disbursements. The receipts and disbursements of 431
649649 the commission shall be subject to all accounting procedures 432
650650 established under the commission bylaws. All receipts and 433
651651 disbursements of funds of the commission shall be reviewed 434
652652 annually in accordance with commission bylaws and a report of 435
653653 the review shall be included in and become part of the annual 436
654654 report of the commission. 437
655655 (7)(a) The members, officers, executive director, 438
656656 employees, and representatives of the commission shall be immune 439
657657 from suit and liability, either personally or in their official 440
658658 capacity, for any claim for damage to or loss of property or 441
659659 personal injury or other civil liability caused by or arising 442
660660 out of any actual or alleged act, error, or omission that 443
661661 occurred or that the person against whom the claim is made had a 444
662662 reasonable basis for believing occurred within the scope of 445
663663 commission employment, duties, or responsibilities. Nothing in 446
664664 this paragraph shall be cons trued to protect any such person 447
665665 from suit or liability for any damage, loss, injury, or 448
666666 liability caused by the intentional, willful, or wanton 449
667667 misconduct of that person. 450
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676676 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
677677
678678
679679
680680 (b) The commission shall defend any member, officer, 451
681681 executive director, employee, or representative of the 452
682682 commission in any civil action seeking to impose liability 453
683683 arising out of any actual or alleged act, error, or omission 454
684684 that occurred within the scope of commission employment, duties, 455
685685 or responsibilities or that the person agains t whom the claim is 456
686686 made had a reasonable basis for believing occurred within the 457
687687 scope of commission employment, duties, or responsibilities. 458
688688 Nothing in this paragraph shall be construed to prohibit that 459
689689 person from retaining his or her own counsel and pr ovide further 460
690690 that the actual or alleged act, error, or omission did not 461
691691 result from the person's intentional, willful, or wanton 462
692692 misconduct. 463
693693 (c) The commission shall indemnify and hold harmless any 464
694694 member, officer, executive director, employee, or repre sentative 465
695695 of the commission for the amount of any settlement or judgement 466
696696 obtained against that person arising out of any actual or 467
697697 alleged act, error, or omission that occurred within the scope 468
698698 of commission employment, duties, or responsibilities, or tha t 469
699699 such person had a reasonable basis for believing occurred within 470
700700 the scope of commission employment, duties, or responsibilities, 471
701701 provided the actual or alleged act, error, or omission did not 472
702702 result from the intentional, willful, or wanton misconduct of 473
703703 that person. 474
704704 475
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713713 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
714714
715715
716716
717717 ARTICLE VIII 476
718718 RULEMAKING 477
719719 478
720720 (1) The commission shall exercise its rulemaking powers 479
721721 pursuant to the criteria set forth in this compact and the rules 480
722722 adopted thereunder. Rules and amendments shall become binding as 481
723723 of the date specified in eac h rule or amendment. 482
724724 (2) The commission shall adopt reasonable rules to achieve 483
725725 the intent and purpose of this compact. In the event the 484
726726 commission exercises its rulemaking authority in a manner that 485
727727 is beyond the purpose and intent of this compact, or t he powers 486
728728 granted hereunder, then such action by the commission shall be 487
729729 invalid and have no force and effect of law in the member 488
730730 states. 489
731731 (3) If a majority of the legislatures of the member states 490
732732 rejects a rule, by enactment of a statute or resolution in the 491
733733 same manner used to adopt this compact within 4 years of the 492
734734 date of the adoption of the rule, then such rule shall have no 493
735735 further force and effect in any member state. 494
736736 (4) Rules or amendments to the rules shall be adopted or 495
737737 ratified at a regula r or special meeting of the commission in 496
738738 accordance with the commission's rules and bylaws. 497
739739 (5) Upon a determination that an emergency exists, the 498
740740 commission may consider and adopt an emergency rule with 48 499
741741 hours' notice, with opportunity for comment, p rovided the usual 500
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750750 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
751751
752752
753753
754754 rulemaking procedures shall be retroactively applied to the rule 501
755755 as soon as reasonably possible, in no even later than 90 days 502
756756 after the effective date of the rule. For the purposes of this 503
757757 subsection, an emergency rule is one that must b e adopted 504
758758 immediately to: 505
759759 (a) Meet an imminent threat to the public health, safety, 506
760760 or welfare; 507
761761 (b) Prevent a loss of commission or member state funds; 508
762762 (c) Meet a deadline for the adoption of an administrative 509
763763 rule that is established by federal law or rule; or 510
764764 (d) Protect the public health or safety. 511
765765 512
766766 ARTICLE IX 513
767767 FACILITATING THE EXCHANGE OF INFORMATION 514
768768 515
769769 (1) The commission shall provide for facilitating the 516
770770 exchange of information to administer and implement the 517
771771 provisions of this compact in accor dance with the rules of the 518
772772 commission, consistent with generally accepted data protection 519
773773 principles. 520
774774 (2) Nothing in this compact shall be deemed or construed 521
775775 to alter, limit, or inhibit the power of a member state to 522
776776 control and maintain ownership of i ts licensee information or 523
777777 alter, limit, or inhibit the laws or regulations governing 524
778778 licensee information in member states. 525
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787787 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
788788
789789
790790
791791 526
792792 ARTICLE X 527
793793 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 528
794794 529
795795 (1)(a) The executive and judicial branches of state 530
796796 government in each member state shall enforce this compact and 531
797797 take all actions necessary and appropriate to effectuate this 532
798798 compact's purpose and intent. The provisions of this compact 533
799799 shall have standing as statutory law. 534
800800 (b) Venue is proper and judicial proceedings by or against 535
801801 the commission shall be brought solely and exclusively in a 536
802802 court of competent jurisdiction where the principal office of 537
803803 the commission is located. The commission may waive venue and 538
804804 jurisdictional defenses to the extent it adopts or consents t o 539
805805 participate in alternative dispute resolution proceedings. 540
806806 Nothing herein shall affect or limit the selection or propriety 541
807807 of venue in any action against a licensee for professional 542
808808 malpractice, misconduct, or any such similar matter. 543
809809 (c) All courts and all administrative agencies shall take 544
810810 judicial notice of this compact, the rules of the commission, 545
811811 and any information provided to a member state pursuant thereto 546
812812 in any judicial or quasi -judicial proceeding in a member state 547
813813 pertaining to the subject matter of this compact, or which may 548
814814 affect the powers, responsibilities, or actions of the 549
815815 commission. 550
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824824 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
825825
826826
827827
828828 (d) The commission shall be entitled to receive service of 551
829829 process in any proceeding regarding the enforcement or 552
830830 interpretation of this compact and s hall have standing to 553
831831 intervene in such a proceeding for all purposes. Failure to 554
832832 provide the commission service of process shall render a 555
833833 judgement or order void as to the commission, this compact, or 556
834834 adopted rules. 557
835835 (2)(a) If the commission determines t hat a member state 558
836836 has defaulted in the performance of its obligations or 559
837837 responsibilities under this compact or the adopted rules, the 560
838838 commission shall: 561
839839 1. Provide written notice to the defaulting state and 562
840840 other member states of the nature of the defau lt, the proposed 563
841841 means of curing the default, and any other action to be taken by 564
842842 the commission; and 565
843843 2. Provide remedial training and specific technical 566
844844 assistance regarding the default. 567
845845 (b) If a state in default fails to cure the default, the 568
846846 defaulting state may be terminated from this compact upon an 569
847847 affirmative vote of a majority of the commissioners of the 570
848848 member states, and all rights, privileges, and benefits 571
849849 conferred on that state by this compact may be terminated on the 572
850850 effective date of termi nation. A cure of the default does not 573
851851 relieve the offending state of obligations or liabilities 574
852852 incurred during the period of default. 575
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861861 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
862862
863863
864864
865865 (c) Termination of membership in the compact shall be 576
866866 imposed only after all other means of securing compliance have 577
867867 been exhausted. Notice of intent to suspend or terminate shall 578
868868 be given by the commission to the Governor, the Majority and 579
869869 Minority Leaders of the State Legislature, and the state 580
870870 licensing authority of the of the defaulting state and to each 581
871871 of the member states. 582
872872 (d) A state that has been terminated is responsible for 583
873873 all assessments, obligations, and liabilities incurred through 584
874874 the effective date of termination, including obligations that 585
875875 extend beyond the effective date of termination. 586
876876 (e) The commission shall not bear any costs related to a 587
877877 state that is found to be in default or that has been terminated 588
878878 from this compact unless agreed upon in writing between the 589
879879 commission and the defaulting state. 590
880880 (f) Nothing in this compact shall be construed t o be a 591
881881 waiver of sovereign immunity. 592
882882 (g) The defaulting state may appeal the action of the 593
883883 commission by petitioning the United States District Court for 594
884884 the District of Columbia or the federal district where the 595
885885 commission has its principal offices. The prevailing party shall 596
886886 be awarded all costs of such litigation, including reasonable 597
887887 attorney fees. 598
888888 (h)1. Upon the request of a member state, the commission 599
889889 shall attempt to resolve disputes related to this compact that 600
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898898 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
899899
900900
901901
902902 arise among member states and bet ween member and nonmember 601
903903 states. 602
904904 2. The commission shall adopt a rule providing for both 603
905905 binding and nonbinding alternative dispute resolution for 604
906906 disputes as appropriate. 605
907907 (i)1. The commission, in the reasonable exercise of its 606
908908 discretion, shall enfor ce the provisions and rules of this 607
909909 compact. 608
910910 2. By a majority vote, the commission may initiate legal 609
911911 action in the United States District Court for the District of 610
912912 Columbia or the federal district where the commission has its 611
913913 principal offices against a member state in default to enforce 612
914914 compliance with the provisions of this compact and its adopted 613
915915 rules and bylaws. The relief sought may include both injunctive 614
916916 relief and damages. In the event judicial enforcement is 615
917917 necessary, the prevailing party shal l be awarded all costs of 616
918918 such litigation, including reasonable attorney fees. The 617
919919 remedies herein shall not be the exclusive remedies of the 618
920920 commission. The commission may pursue any other remedies 619
921921 available under federal or state law. 620
922922 621
923923 ARTICLE XI 622
924924 EFFECTUATION, WITHDRAWAL, AND AMENDMENT 623
925925 624
926926 (1) This compact shall come into effect on the date on 625
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935935 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
936936
937937
938938
939939 which the compact statute is enacted into law in the tenth 626
940940 member state. 627
941941 (a) On or after the effective date of this compact, the 628
942942 commission shall convene and revie w the enactment of each of the 629
943943 charter member states to determine if the statute enacted by 630
944944 such charter member state is materially different from the model 631
945945 compact statute. 632
946946 (b) A charter member state whose enactment is found to be 633
947947 materially different f rom the model compact statute shall be 634
948948 entitle to the default process set forth in Article X. 635
949949 (c) Member states enacting the compact subsequent to the 636
950950 charter member states shall be subject to the process set forth 637
951951 in Article VII(X)(a) to determine if th eir enactments are 638
952952 materially different from the model compact statute and whether 639
953953 they qualify for participation in the compact. 640
954954 (2) If any member state is later founds to be in default, 641
955955 or is terminated or withdraws from the compact, the commissioner 642
956956 shall remain in existence and the compact shall remain in effect 643
957957 even if the number of member states should be less than 10. 644
958958 (3) Any state that joins this compact after the 645
959959 commission's initial adoption of the rules and bylaws shall be 646
960960 subject to the rules and bylaws as they exist on the date on 647
961961 which this compact becomes law in that state. Any rule that has 648
962962 been previously adopted by the commission shall have the full 649
963963 force and effect of law on the day this compact becomes law in 650
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972972 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
973973
974974
975975
976976 that state, as the rules and bylaws may be amended as provided 651
977977 in this compact. 652
978978 (4) Any member state may withdraw from this compact by 653
979979 enacting a statute repealing the same. 654
980980 (a) A member state's withdrawal shall not take effect 655
981981 until 6 months after the enactment of the repeali ng statute. 656
982982 (b) Withdrawal shall not affect the continuing requirement 657
983983 of the withdrawing state's licensing authority to comply with 658
984984 the investigative and adverse action reporting requirements of 659
985985 this act prior to the effective date of the withdrawal. 660
986986 (5) This compact may be amended by member states. No 661
987987 amendments to this compact shall become effective and binding 662
988988 upon any member state until it is enacted into the laws of all 663
989989 member states. 664
990990 665
991991 ARTICLE XII 666
992992 CONSTRUCTION AND SEVERABILITY 667
993993 668
994994 This compact shall be liberally construed to effectuate the 669
995995 purpose thereof. The provisions of this compact shall be 670
996996 severable and if any phrase, clause, sentence, or provision of 671
997997 this compact is declared to be contrary to the Constitution of 672
998998 any member state or a state se eking membership in this compact 673
999999 or the United States Constitution or the applicability thereof 674
10001000 to any other government, agency, person, or circumstance is held 675
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10091009 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
10101010
10111011
10121012
10131013 invalid, the validity of the remainder of this compact and the 676
10141014 applicability thereof to any gov ernment, agency, person, or 677
10151015 circumstance shall not be effected. If this compact shall be 678
10161016 held contrary to the Constitution of any member state, this 679
10171017 compact shall remain in full force and effect as to the 680
10181018 remaining member states and in full force and effec t as to the 681
10191019 member state affected as to all severable matters. 682
10201020 683
10211021 ARTICLE XIII 684
10221022 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 685
10231023 686
10241024 (1) Nothing herein shall prevent or inhibit the 687
10251025 enforcement of any other law of a member state that is not 688
10261026 inconsistent with this compact. 689
10271027 (2) Any laws, statutes, regulations, or other legal 690
10281028 requirements in a member state in conflict with this compact are 691
10291029 superseded to the extent of the conflict. 692
10301030 (3) All permissible agreements between the commission and 693
10311031 the member states are binding in accordance with their terms. 694
10321032 Section 2. Articles II and III of section 1000.36, Florida 695
10331033 Statutes, are amended to read: 696
10341034 1000.36 Interstate Compact on Educational Opportunity for 697
10351035 Military Children.—The Governor is authorized and directed to 698
10361036 execute the Interstate Compact on Educational Opportunity for 699
10371037 Military Children on behalf of this state with any other state 700
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10461046 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
10471047
10481048
10491049
10501050 or states legally joining therein in the form substantially as 701
10511051 follows: 702
10521052 Interstate Compact on Educational 703
10531053 Opportunity for Milita ry Children 704
10541054 ARTICLE II 705
10551055 DEFINITIONS.—As used in this compact, unless the context 706
10561056 clearly requires a different construction, the term: 707
10571057 A. "Active duty" means the full -time duty status in the 708
10581058 active uniformed service of the United States, including members 709
10591059 of the National Guard and Reserve on active duty orders pursuant 710
10601060 to 10 U.S.C. chapters 1209 and 1211 10 U.S.C. ss. 1209 and 1211 . 711
10611061 B. "Children of military families" means school -aged 712
10621062 children, enrolled in kindergarten through 12th grade, in the 713
10631063 household of an active-duty member. 714
10641064 C. "Compact commissioner" means the voting representative 715
10651065 of each compacting state appointed under Article VIII of this 716
10661066 compact. 717
10671067 D. "Deployment" means the period 1 month before the 718
10681068 servicemembers' departure from their home s tation on military 719
10691069 orders through 6 months after return to their home station. 720
10701070 E. "Educational records" or "education records" means 721
10711071 those official records, files, and data directly related to a 722
10721072 student and maintained by the school or local education age ncy, 723
10731073 including, but not limited to, records encompassing all the 724
10741074 material kept in the student's cumulative folder such as general 725
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10831083 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
10841084
10851085
10861086
10871087 identifying data, records of attendance and of academic work 726
10881088 completed, records of achievement and results of evaluative 727
10891089 tests, health data, disciplinary status, test protocols, and 728
10901090 individualized education programs. 729
10911091 F. "Extracurricular activities" means a voluntary activity 730
10921092 sponsored by the school or local education agency or an 731
10931093 organization sanctioned by the local education a gency. 732
10941094 Extracurricular activities include, but are not limited to, 733
10951095 preparation for and involvement in public performances, 734
10961096 contests, athletic competitions, demonstrations, displays, and 735
10971097 club activities. 736
10981098 G. "Interstate Commission on Educational Opportunit y for 737
10991099 Military Children" means the commission that is created under 738
11001100 Article IX of this compact, which is generally referred to as 739
11011101 the Interstate Commission. 740
11021102 H. "Local education agency" means a public authority 741
11031103 legally constituted by the state as an admin istrative agency to 742
11041104 provide control of, and direction for, kindergarten through 12th 743
11051105 grade public educational institutions. 744
11061106 I. "Member state" means a state that has enacted this 745
11071107 compact. 746
11081108 J. "Military installation" means a base, camp, post, 747
11091109 station, yard, center, homeport facility for any ship, or other 748
11101110 activity under the jurisdiction of the Department of Defense, 749
11111111 including any leased facility, which is located within any of 750
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11201120 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
11211121
11221122
11231123
11241124 the several states, the District of Columbia, the Commonwealth 751
11251125 of Puerto Rico, the United States Virgin Islands, Guam, American 752
11261126 Samoa, the Northern Mariana Islands, and any other United States 753
11271127 Territory. The term does not include any facility used primarily 754
11281128 for civil works, rivers and harbors projects, or flood control 755
11291129 projects. 756
11301130 K. "Nonmember state" means a state that has not enacted 757
11311131 this compact. 758
11321132 L. "Receiving state" means the state to which a child of a 759
11331133 military family is sent, brought, or caused to be sent or 760
11341134 brought. 761
11351135 M. "Rule" means a written statement by the Interstate 762
11361136 Commission adopted under Article XII of this compact which is of 763
11371137 general applicability, implements, interprets, or prescribes a 764
11381138 policy or provision of the compact, or an organizational, 765
11391139 procedural, or practice requirement of the Interstate 766
11401140 Commission, and has the force and effect of statutory law in a 767
11411141 member state, and includes the amendment, repeal, or suspension 768
11421142 of an existing rule. 769
11431143 N. "Sending state" means the state from which a child of a 770
11441144 military family is sent, brought, or caused to be sent or 771
11451145 brought. 772
11461146 O. "State" means a state of the United States, the 773
11471147 District of Columbia, the Commonwealth of Puerto Rico, the 774
11481148 United States Virgin Islands, Guam, American Samoa, the Northern 775
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11571157 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
11581158
11591159
11601160
11611161 Mariana Islands, and any other United States Territory. 776
11621162 P. "Student" means the child of a military family for whom 777
11631163 the local education agency receives public funding and who is 778
11641164 formally enrolled in kindergarten through 12th grade. 779
11651165 Q. "Transition" means: 780
11661166 1. The formal and physical process of transferring from 781
11671167 school to school; or 782
11681168 2. The period of time in which a student moves from one 783
11691169 school in the sending state to another school in the receiving 784
11701170 state. 785
11711171 R. "Uniformed services" means the Army, Navy, Air Force, 786
11721172 Space Force, Marine Corps, Coast Guard as well as the 787
11731173 Commissioned Corps of the National Oceanic and Atmospheric 788
11741174 Administration, and Public Health Services. 789
11751175 S. "Veteran" means a person who served in the uniformed 790
11761176 services and who was discharged or released therefrom under 791
11771177 conditions other than dishonorable. 792
11781178 ARTICLE III 793
11791179 APPLICABILITY.— 794
11801180 A. Except as otherwise provided in Section C, this compact 795
11811181 applies to the children of: 796
11821182 1. Active duty members of the uniformed services, 797
11831183 including members of the National Guard and Reserve on active -798
11841184 duty orders pursuant to 10 U.S.C. chapters 1209 and 1211 10 799
11851185 U.S.C. ss. 1209 and 1211 ; 800
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11941194 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
11951195
11961196
11971197
11981198 2. Members or veterans of the uniformed services who are 801
11991199 severely injured and medically discharged or retired for a 802
12001200 period of 1 year after medical discharge or retirement; and 803
12011201 3. Members of the unifor med services who die on active 804
12021202 duty or as a result of injuries sustained on active duty for a 805
12031203 period of 1 year after death. 806
12041204 B. This interstate compact applies to local education 807
12051205 agencies. 808
12061206 C. This compact does not apply to the children of: 809
12071207 1. Inactive members of the National Guard and military 810
12081208 reserves; 811
12091209 2. Members of the uniformed services now retired, except 812
12101210 as provided in Section A; 813
12111211 3. Veterans of the uniformed services, except as provided 814
12121212 in Section A; and 815
12131213 4. Other United States Department of Defense personnel and 816
12141214 other federal agency civilian and contract employees not defined 817
12151215 as active-duty members of the uniformed services. 818
12161216 Section 3. This act shall take effect July 1, 2023. 819