Senate Bill sb0206c2
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Florida Senate - 2004 CS for CS for SB 206
By the Committees on Appropriations; Governmental Oversight
and Productivity; and Senator Fasano
309-1937-04
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 twelve 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 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, seven members,
3 including the audiologist, ontolaryngologist, and the hearing
4 specialist, shall be appointed to a 2-year term and five
5 members shall be appointed to a 4-year term. Any vacancy on
6 the council shall be filled in the same manner as the original
7 appointment, and any member appointed to fill a vacancy
8 occurring because of death, resignation, or ineligibility for
9 membership shall serve only for the unexpired term of the
10 member's predecessor.
11 (c) The first meeting of the council shall be held no
12 later than August 1, 2004. The council members, at the
13 organizational meeting, shall elect by a majority vote of the
14 members one member to serve as chair of the council for a term
15 of 1 year. The council shall meet at least once each quarter.
16 All meetings are subject to the call of the chair. Seven
17 members of the council shall constitute a quorum.
18 (d) Members of the council shall serve without
19 compensation but may be reimbursed for per diem and travel
20 expenses pursuant to section 112.061, Florida Statutes.
21 (e) Staff of the Department of Education shall be
22 assigned by the Commissioner of Education to assist the
23 council in the duties assigned to it by this section.
24 (2) It is the role of the council to serve as an
25 advisory and coordinating body in the state which recommends
26 policies that address the needs of deaf, hard-of-hearing, and
27 late-deafened persons and which recommends methods that
28 improve the coordination of services among the public and
29 private entities that provide services pertaining to
30 interpreter services, computer aided real-time captioning
31 services, and assistive listening devices, excluding hearing
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1 aids. The council is authorized to provide technical
2 assistance, advocacy, and education. To that end, the council
3 shall:
4 (a) Provide information and assistance to the
5 Legislature;
6 (b) Provide technical assistance to other state
7 agencies;
8 (c) Provide information and referral services;
9 (d) Promote public and individual advocacy for deaf,
10 hard-of-hearing, and late-deafened citizens; and
11 (e) Conduct public hearings as needed.
12 (3) The council shall prepare a report, which shall be
13 filed with the Governor, the President of the Senate, the
14 Speaker of the House of Representatives, and the Chief Justice
15 of the Supreme Court by January 1, 2005, which must include:
16 (a) A review of state agencies to determine if they
17 are in compliance with accessibility standards as they relate
18 to services for deaf, hard-of-hearing, and late-deafened
19 individuals.
20 (b) A review of federal and state statutes, rules, and
21 regulations that establish requirements that agencies must
22 comply with, including, but not limited to, equipment and
23 communication accessibility standards in the provision of
24 services to deaf, hard-of-hearing, and late-deafened
25 individuals.
26 (c) A comparison of the licensure and accreditation
27 requirements for sign-language interpreters, oral
28 interpreters, real-time captioning, and entities providing
29 services, except for those entities licensed under part I of
30 chapter 468 or part II of chapter 484, Florida Statutes, both
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1 directly and indirectly, to individuals with hearing loss
2 among the 10 most populous states.
3 (d) Recommendations for standards for and licensure of
4 sign-language interpreters and providers of Computer-Aided
5 Real-time Translation services (CART) and other accreditation
6 standards for service providers that are not subject to
7 regulation by the state.
8 (4) The council may:
9 (a) Secure assistance from all state departments and
10 agencies in order to avail itself of expertise at minimal
11 cost.
12 (b) Obtain information and assistance from the state
13 or any political subdivision, municipal corporation, public
14 officer, or governmental department or agency thereof.
15 (c) Apply for and accept funds, grants, gifts, and
16 services from local or state government or the Federal
17 Government, or from any of their agencies, or any other public
18 or private source and may use funds for the purposes
19 authorized by this section.
20 (5) All executive branch state agencies are
21 instructed, and all other state agencies are requested, to
22 assist the council in accomplishing its purposes.
23 (6) This act does not extend the duties or
24 responsibilities of the council to any program, service, or
25 activity that is subject to the jurisdiction or oversight of
26 the Public Service Commission or that is subject to regulation
27 under part I of chapter 468 or part II of chapter 484, Florida
28 Statutes.
29 Section 2. This act shall take effect upon becoming a
30 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB0206
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4 The Committee Substitute increases the membership of the
council from 9 to 12 and makes corresponding changes in the
5 staggered terms of initial council appointees. The size of a
quorum is increased from 5 to 7. The Committee Substitute
6 also makes a technical change in correcting the term computer
aided real-time captioning services.
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