HB 0227CS

CHAMBER ACTION



1The Committee on Appropriations recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Florida Coordinating Council for the
7Deaf and the Hard of Hearing; creating the Florida
8Coordinating Council for the Deaf and the Hard of Hearing;
9providing definitions; assigning the coordinating council
10to the Office of the Secretary of Health for administrative
11and fiscal accountability purposes; requiring the
12coordinating council to adopt a budget; providing
13coordinating council membership, terms of office, meeting
14requirements, and grounds for removal from office;
15requiring training as a condition of membership; providing
16for appointment of an executive director; providing
17coordinating council powers and duties, including
18submission of annual reports; providing for rulemaking;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Florida Coordinating Council for the Deaf and
24the Hard of Hearing.--
25     (1)  DEFINITIONS.--For purposes of this section, the term:
26     (a)  "Communication access realtime translation" means the
27instant translation of the spoken word into English text using
28information technology in which the text appears on a computer
29monitor or other display.
30     (b)  "Coordinating council" means the Florida Coordinating
31Council for the Deaf and the Hard of Hearing.
32     (c)  "Deaf" means having a hearing impairment of such
33severity that an individual must depend on visual or tactile
34methods, or both, to communicate.
35     (d)  "Hard of hearing" means having a hearing impairment
36that results in a loss of hearing functions to an individual and
37in which the individual: relies on residual hearing which may be
38sufficient to process linguistic information through audition
39with or without amplification under favorable listening
40conditions; depends on visual methods to communicate; depends on
41assistive listening devices; or has an impairment with other
42auditory disabling conditions.
43     (e)  "Interpreter" means a provider of accessible and
44effective communication between and among individuals who are
45deaf or hard of hearing and between and among such individuals
46and other persons. This process includes, but is not limited to,
47communication through American Sign Language and spoken English.
48It may also involve various other modalities that involve
49visual, gestural, and tactile methods.
50
51For purposes of this section, individuals with any level of loss
52of hearing provided in the definitions in this subsection are
53included in references to deaf or hard of hearing individuals.
54     (2)  COORDINATING COUNCIL.--There is established the
55Florida Coordinating Council for the Deaf and the Hard of
56Hearing.
57     (a)  The coordinating council is assigned to the Office of
58the Secretary of Health for administrative and fiscal
59accountability purposes, but it shall otherwise function
60independently of the control, supervision, and direction of the
61Department of Health.
62     (b)  The coordinating council shall develop a budget
63pursuant to chapter 216, Florida Statutes. The budget is not
64subject to change by the department staff after it has been
65approved by the coordinating council, but it shall be
66transmitted to the Governor with the budget of the department.
67     (3)  COORDINATING COUNCIL MEMBERSHIP, TRAINING, MEETINGS.--
68     (a)  The coordinating council shall be composed of 17
69members. The appointment of members not representing agencies
70shall be made by the Governor. The appointment of members
71representing organizations shall be made by the Governor in
72consultation with those organizations. The membership shall be
73as follows:
74     1.  Two members representing the Florida Association of the
75Deaf.
76     2.  Two members representing the Florida Association of
77Self Help for Hard of Hearing People.
78     3.  A member representing the Association of Late Deafened
79Adults.
80     4.  An individual who is deaf and blind.
81     5.  A parent of an individual who is deaf.
82     6.  A member representing the Deaf Service Center
83Association.
84     7.  A member representing the Florida Registry of
85Interpreters for the Deaf.
86     8.  A communication access realtime translator.
87     9.  An audiologist licensed under part I of chapter 468,
88Florida Statutes.
89     10.  A hearing aid specialist licensed under part II of
90chapter 484, Florida Statutes.
91     11.  The Secretary of Children and Family Services or his
92or her designee.
93     12.  The Secretary of Health or his or her designee.
94     13.  The Commissioner of Education or his or her designee.
95     14.  A member representing the Florida Alexander Graham
96Bell Association for the Deaf and Hard of Hearing.
97     15.  The Secretary of Elderly Affairs or his or her
98designee.
99
100If any organization from which a representative is to be drawn
101ceases to exist, a representative of a similar organization
102shall be named to the coordinating council. The Governor shall
103make appointments to the coordinating council no later than
104August 1, 2004, and may remove any member for cause. Each member
105shall be appointed to a term of 4 years. However, for the
106purpose of providing staggered terms, of the initial
107appointments not representing state agencies, seven members,
108including the audiologist and the hearing aid specialist, shall
109be appointed to 2-year terms and six members shall be appointed
110to 4-year terms. Any vacancy on the coordinating council shall
111be filled in the same manner as the original appointment, and
112any member appointed to fill a vacancy occurring because of
113death, resignation, or ineligibility for membership shall serve
114only for the unexpired term of the member's predecessor. Prior
115to serving on the coordinating council, all appointees must
116attend orientation training which shall address, at a minimum,
117the provisions of this section; the programs operated by the
118coordinating council; the role and functions of the coordinating
119council; the current budget for the coordinating council; the
120results of the most recent formal audit of the coordinating
121council; and the requirements of the state's public records law,
122the code of ethics, the Administrative Procedure Act, and other
123laws relating to public officials, including conflict-of-
124interest laws.
125     (b)  It is cause for the removal from the coordinating
126council of a member who during service on the coordinating
127council:
128     1.  Is unable to discharge his or her duties for a
129substantial portion of the term for which he or she is appointed
130because of illness or disability; or
131     2.  Is absent from more than one-half of the regularly
132scheduled coordinating council meetings during a calendar year,
133except when the absence is excused by majority vote of the
134coordinating council.
135     (c)  The first meeting of the coordinating council shall be
136held no later than September 1, 2004. The coordinating council
137members, at the organizational meeting, shall elect by a
138majority vote of the members one member to serve as chair of the
139coordinating council for a term of 1 year. A person who
140represents an agency, a profession, or an organization other
141than a nonprofit deaf or hard of hearing consumer organization
142may not serve as chair. The coordinating council shall meet at
143least once each quarter. All meetings are subject to the call of
144the chair. Twelve members of the coordinating council shall
145constitute a quorum.
146     (d)  Members of the coordinating council shall serve
147without compensation but may be reimbursed for per diem and
148travel expenses pursuant to s. 112.061, Florida Statutes.
149Agencies shall provide reimbursement for per diem and travel
150expenses for their representatives.
151     (e)  The coordinating council shall appoint an executive
152director who shall serve under the direction, supervision, and
153control of the coordinating council. Preference shall be
154provided to an individual who is deaf or hard of hearing who
155meets all qualifications for the position. The executive
156director shall employ such personnel as may be necessary to
157perform adequately the functions of the coordinating council
158within budgetary limitations. All employees are exempt from the
159Career Service System.
160     (4)  POWERS AND DUTIES.--The coordinating council is found
161to be necessary to further the public purpose of facilitating
162the independence, health and safety, socialization, education,
163employment, well-being, civil rights, and quality of life of
164individuals who are deaf or hard of hearing. To this end:
165     (a)  The coordinating council shall:
166     1.  Work to ensure more efficient coordination and
167collaboration among public and nonprofit organizations that
168provide social and educational services to individuals who are
169deaf or hard of hearing.
170     2.  Develop and implement a statewide program of advocacy
171and education to ensure continuity of services to individuals
172who are deaf or hard of hearing.
173     3.  Make available and provide an educational and
174information program through printed materials, workshop and
175training sessions, presentations, demonstrations, and public
176awareness events about hearing loss for citizens in the state
177and for public and private entities. The program shall include,
178but not be limited to, information concerning referral services,
179service and resource availability, interpreter and communication
180access realtime translation services, accessibility and
181accommodation issues, assistive technology, empowerment issues,
182obligations of service providers and employers, educational
183options, and current federal and state statutes, rules,
184regulations, and policies regarding hearing loss.
185     4.  Where gaps in service exist, provide direct services to
186individuals who are deaf or hard of hearing, including
187communication access, information and referral services,
188advocacy services, education and training to the public and
189private sector, and services to elderly individuals who are deaf
190or hard of hearing.
191     5.  Maintain a registry of available qualified interpreters
192and communication access realtime translation providers for
193individuals who are deaf or hard of hearing by updating the
194registry at least quarterly and making the registry available to
195interested persons.
196     6.  Review state agencies to determine if they are in
197compliance with accessibility standards as they relate to
198services for the deaf or hard of hearing.
199     7.  Review the feasibility of and necessity for regulation
200of interpreters and, if found to be feasible and advantageous,
201recommend standards for licensure. The coordinating council
202shall submit a report to the Governor, the President of the
203Senate, and the Speaker of the House of Representatives by
204January 1, 2006, describing its findings and recommendations.
205     8.  Provide information and technical assistance to the
206Legislature.
207     9.  Provide technical assistance to state agencies.
208     10.  Conduct public hearings and receive testimony on
209behalf of the state.
210     11.  Secure assistance from all state departments and
211agencies in order to avail itself of expertise at minimal cost.
212     12.  Obtain information and assistance from the state or
213any political subdivision, municipal corporation, or
214governmental department or agency, or public officer thereof.
215All executive branch state agencies are instructed, and all
216other state agencies are requested, to cooperate with the
217coordinating council in accomplishing its duties.
218     13.  Submit an annual report to the Governor, the President
219of the Senate, and the Speaker of the House of Representatives
220by July 1 of each year beginning July 2005.
221     14.  Maintain an office in Tallahassee and regional offices
222in other parts of the state.
223     15.  Provide recommendations to other state entities on
224compliance with accessibility issues as they relate to deaf or
225hard of hearing individuals and file reports with such entities
226when their services are not accessible to the deaf or the hard
227of hearing citizens of the state.
228     16.  Develop and implement bylaws and policies.
229     (b)  The coordinating council may:
230     1.  Appoint one or more advisory committees to consult with
231and advise the coordinating council.
232     2.  Accept gifts, grants, and donations of funds, services,
233personal property, or real property for use in expanding and
234improving services to individuals in this state who are deaf or
235hard of hearing.
236     3.  Contract with or provide grants to agencies,
237organizations, or individuals as necessary to implement this
238section.
239
240This subsection does not extend the duties or responsibilities
241of the coordinating council to any program, service, or activity
242that is subject to the jurisdiction or oversight of the Florida
243Public Service Commission or that is subject to regulation under
244part I of chapter 468, Florida Statutes, or part II of chapter
245484, Florida Statutes.
246     (5)  RULEMAKING.--The Department of Health may adopt rules,
247pursuant to ss. 120.536(1) and 120.54, Florida Statutes, as
248necessary to implement the provisions of this section.
249     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.