Senate Bill sb0206c1
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Florida Senate - 2004 CS for SB 206
By the Committee on Governmental Oversight and Productivity;
and Senator Fasano
302-1335-04
1 A bill to be entitled
2 An act relating to the Florida Council on
3 Deafness; creating the Florida Council on
4 Deafness; providing for the appointment of
5 members and the organization of the council;
6 requiring the staff of the Department of
7 Education to assist the council in its duties;
8 providing the role, purpose, powers, duties,
9 and responsibilities of the council; providing
10 an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Florida Council on Deafness.--
15 (1)(a) There is established the Florida Council on
16 Deafness. The council is assigned to the Department of
17 Education for administrative and fiscal purposes, but it shall
18 otherwise function independently of the control, supervision,
19 and direction of the Department of Education.
20 (b) The council shall consist of nine members
21 appointed by the Governor, after consultation with statewide
22 not-for-profit professional organizations that represent deaf,
23 hard-of-hearing, and late-deafened individuals. At least one
24 member must be an audiologist licensed under part I of chapter
25 468, Florida Statutes, at least one member must be an
26 ontolaryngologist licensed under chapter 458 or chapter 459,
27 Florida Statutes, and at least one member must be a hearing
28 aid specialist licensed under part II of chapter 484, Florida
29 Statutes. The members of the council must be confirmed by the
30 Senate. The Governor shall make appointments to the council no
31 later than July 1, 2004. Each member shall be appointed to a
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Florida Senate - 2004 CS for SB 206
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1 term of 4 years; however, for the purpose of providing
2 staggered terms, of the initial appointments, five members
3 shall be appointed to a 2-year term and four members shall be
4 appointed to a 4-year term. Any vacancy on the council shall
5 be filled in the same manner as the original appointment, and
6 any member appointed to fill a vacancy occurring because of
7 death, resignation, or ineligibility for membership shall
8 serve only for the unexpired term of the member's predecessor.
9 (c) The first meeting of the council shall be held no
10 later than August 1, 2004. The council members, at the
11 organizational meeting, shall elect by a majority vote of the
12 members one member to serve as chair of the council for a term
13 of 1 year. The council shall meet at least once each quarter.
14 All meetings are subject to the call of the chair. Five
15 members of the council shall constitute a quorum.
16 (d) Members of the council shall serve without
17 compensation but may be reimbursed for per diem and travel
18 expenses pursuant to section 112.061, Florida Statutes.
19 (e) Staff of the Department of Education shall be
20 assigned by the Commissioner of Education to assist the
21 council in the duties assigned to it by this section.
22 (2) It is the role of the council to serve as an
23 advisory and coordinating body in the state which recommends
24 policies that address the needs of deaf, hard-of-hearing, and
25 late-deafened persons and which recommends methods that
26 improve the coordination of services among the public and
27 private entities that provide services pertaining to
28 interpreter services, computer aided and real-time captioning
29 services, and assistive listening devices, excluding hearing
30 aids. The council is authorized to provide technical
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Florida Senate - 2004 CS for SB 206
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1 assistance, advocacy, and education. To that end, the council
2 shall:
3 (a) Provide information and assistance to the
4 Legislature;
5 (b) Provide technical assistance to other state
6 agencies;
7 (c) Provide information and referral services;
8 (d) Promote public and individual advocacy for deaf,
9 hard-of-hearing, and late-deafened citizens; and
10 (e) Conduct public hearings as needed.
11 (3) The council shall prepare a report, which shall be
12 filed with the Governor, the President of the Senate, the
13 Speaker of the House of Representatives, and the Chief Justice
14 of the Supreme Court by January 1, 2005, which must include:
15 (a) A review of state agencies to determine if they
16 are in compliance with accessibility standards as they relate
17 to services for deaf, hard-of-hearing, and late-deafened
18 individuals.
19 (b) A review of federal and state statutes, rules, and
20 regulations that establish requirements that agencies must
21 comply with, including, but not limited to, equipment and
22 communication accessibility standards in the provision of
23 services to deaf, hard-of-hearing, and late-deafened
24 individuals.
25 (c) A comparison of the licensure and accreditation
26 requirements for sign-language interpreters, oral
27 interpreters, real-time captioning, and entities providing
28 services, except for those entities licensed under part I of
29 chapter 468 or part II of chapter 484, Florida Statutes, both
30 directly and indirectly, to individuals with hearing loss
31 among the 10 most populous states.
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1 (d) Recommendations for standards for and licensure of
2 sign-language interpreters and providers of Computer-Aided
3 Real-time Translation services (CART) and other accreditation
4 standards for service providers that are not subject to
5 regulation by the state.
6 (4) The council may:
7 (a) Secure assistance from all state departments and
8 agencies in order to avail itself of expertise at minimal
9 cost.
10 (b) Obtain information and assistance from the state
11 or any political subdivision, municipal corporation, public
12 officer, or governmental department or agency thereof.
13 (c) Apply for and accept funds, grants, gifts, and
14 services from local or state government or the Federal
15 Government, or from any of their agencies, or any other public
16 or private source and may use funds for the purposes
17 authorized by this section.
18 (5) All executive branch state agencies are
19 instructed, and all other state agencies are requested, to
20 assist the council in accomplishing its purposes.
21 (6) This act does not extend the duties or
22 responsibilities of the council to any program, service, or
23 activity that is subject to the jurisdiction or oversight of
24 the Public Service Commission or that is subject to regulation
25 under part I of chapter 468 or part II of chapter 484, Florida
26 Statutes.
27 Section 2. This act shall take effect upon becoming a
28 law.
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Florida Senate - 2004 CS for SB 206
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 206
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4 Specifies that at least one member of the council must be an
audiologist licensed under Part I of chapter 468, F.S.; at
5 least one member of the council must be an ontolaryngologist
licensed under chapter 458, F.S., or chapter 459, F.S.; and
6 that at least one member must be a hearing aid specialist
licensed under Part II of chapter 484, F.S..
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Limits the scope of the council report comparing licensure and
8 accreditation requirements of the 10 most populous states by
excluding from the report those entities licensed under Part I
9 of chapter 468, F.S., or Part II of chapter 484, F.S., both
directly or indirectly.
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Makes explicit that the act does not extend the
11 responsibilities of the council to any program, service, or
activity that is subject to regulation under Part I of chapter
12 468 or Part II of chapter 484, F.S.
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