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
    309-1937-04




 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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    Florida Senate - 2004                     CS for CS for SB 206
    309-1937-04




 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

31  

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    Florida Senate - 2004                     CS for CS for SB 206
    309-1937-04




 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.

31  

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    Florida Senate - 2004                     CS for CS for SB 206
    309-1937-04




 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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