Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 236
813500
Senate
Comm: RCS
1/23/2008
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House
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The Committee on Education Pre-K - 12 (Wise) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Part XVII of chapter 468, Florida Statutes,
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consisting of sections 468.90, 468.901, 468.902, 468.903,
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468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.910,
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468.911, 468.912, 468.913, and 468.914, is created to read:
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PART XVII
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INTERPRETERS FOR DEAF AND HARD OF HEARING
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468.90 Definitions.--As used in this part, the term:
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(1) "American Consortium of Certified Interpreters" means
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the entity that certified sign language interpreters at the
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national level, although the association no longer administers
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its certification examination, and whose certifications consist
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of Level III, Generalist; Level IV, Advanced; and Level V,
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Master, and are recognized by the Registry of Interpreters for
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the Deaf, Inc.
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(2) "American Sign Language" means the fully developed
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visual-gesture language having distinct grammar, syntax, and
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symbols that is the primary language used by the deaf community
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in the United States.
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(3) "American Sign Language Proficiency Interview" or
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"Sign Communication Proficiency Interview" means the assessment
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of fluency in American Sign Language.
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(4) "Board" means the Board of Interpreters for the Deaf
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and Hard of Hearing.
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(5) "Cued speech" means a phonetically based system that
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enables spoken language to appear visually through the use of
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hand shapes and specific locations in combination with natural
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mouth movements to represent sounds of spoken language.
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(6) "Deaf" means a nonfunctional sense of hearing for the
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purpose of communication and whose primary means of
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communication is visual. Unless otherwise specified, the term
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also means hard of hearing or deaf-blind persons.
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(7) "Deaf-blind" means senses of hearing and sight are
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limited for the purpose of communication. A deaf-blind person's
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primary means of communication is visual or tactile.
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(8) "Deaf interpreter" means a person who is deaf or hard
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of hearing who engages in the practice of interpreting.
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(9) "Department" means the Department of Business and
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Professional Regulation.
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(10) "Educational interpreter" means an interpreter who
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engages in the practice of interpreting in a prekindergarten
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through grade 12 setting.
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(11) "Educational Interpreter Evaluation (EIE)" means the
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test administered by the Florida Registry of Interpreters for
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the Deaf, Inc., to assess the skills of educational interpreters
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in the state and consists of three levels: Level 1, which is the
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lowest skill level; Level 2, which is the intermediate skill
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level; and Level 3, which is the highest skill level.
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(12) "Educational Interpreter Performance Assessment
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(EIPA)" means the assessment developed by staff members of Boys
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Town National Research Hospital with partial support from the
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National Institute of Health-National Institute on Deafness and
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Other Communication Disorders grant, D-60 DC00982.
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(13) "Florida Registry of Interpreters for the Deaf,
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Inc.," means the state affiliate chapter of the national
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Registry of Interpreters for the Deaf, Inc.
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(14) "Hard of hearing" means a hearing loss that results
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in the possible dependence on visual methods to communicate.
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(15) "Interpreter" means a person who is able to interpret
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effectively, accurately, impartially, receptively, and
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expressively using any necessary specialized vocabulary and who
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follows the NAD/RID Code of Professional Conduct.
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(16) "Interpreter service consumer" means the person for
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whom an interpreter facilitates communication.
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(17) "Interpreting" means the process of providing
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accessible and effective communication between persons who are
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deaf or hard of hearing and those who are hearing and includes,
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but is not limited to, communication between American Sign
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Language and English or other modalities that involve visual,
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gestural, and tactile methods of communication.
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(18) "Mentorship" means professional guidance by a
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qualified practitioner, as provided by board rule, on a formal
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or an informal basis.
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(19) "Multilingual interpreting" means interpreting in a
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setting that requires not only skill in English and American
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Sign Language, but also another language, whether oral or
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signed, and cultural sensitivity and knowledge about the parties
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involved.
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(20) "NAD/RID Code of Professional Conduct" means the
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guiding principals of professionalism and ethical conduct for
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interpreters set forth by the Registry of Interpreters for the
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Deaf, Inc., and the National Association of the Deaf.
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(21) "National Association of the Deaf" means the entity
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that certified sign language interpreters at the national level,
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although the association no longer administers its certification
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examination, and whose certifications consist of Level III,
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Generalist; Level IV, Advanced; and Level V, Master; and are
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recognized in the Registry of Interpreters for the Deaf, Inc.
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(22) "National Council on Interpreting" means the joint
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council of the Registry of Interpreters for the Deaf, Inc., and
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the National Association of the Deaf that issues a National
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Interpreter Certification for sign language interpreters at the
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national level, consisting of the National Interpreter
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Certification, the National Interpreter Certification Advanced,
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and the National Interpreter Certification Master.
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(23) "Oral interpreting" means facilitating a mode of
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communication using speech, speechreading, and residual hearing
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and situational and culturally appropriate gestures without the
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use of sign language.
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(24) "Quality Assurance Screening" means the examination
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administered by the Florida Registry of Interpreters for the
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Deaf, Inc., to monitor the progress of uncertified apprentice
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interpreters in the state, which examination consists of three
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levels: Level I, Beginner Apprentice; Level II, Intermediate
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Apprentice; and Level III, Advanced Apprentice.
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(25) "Registry of Interpreters for the Deaf, Inc.," means
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the entity that certifies sign language and oral interpreters at
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the national level and that grants a specialist certificate in
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the area of legal interpreting.
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(26) "Sign language" means a continuum of visual-gestural
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language and communication systems based on hand signs and is
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not limited to American Sign Language.
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(27) "Student" or "intern" means a person enrolled in a
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course of study or mentorship or an apprenticeship program that
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leads to a certificate or degree at an accredited institution or
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a license in interpreting.
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(28) "Testing, Evaluation, and Certification Unit" means
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the national organization that assesses and certifies cued
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speech transliterators.
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(29) "Transliterating" means the process of providing
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accessible communication between persons who are deaf or hard of
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hearing and persons who hear, primarily using a signed mode of
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English and spoken English.
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(30) "Transliterator" means a person who engages in the
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practice of transliterating and adheres to the NAD/RID Code of
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Professional Conduct.
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468.901 Board of Interpreters for the Deaf and Hard of
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Hearing; membership, appointment, and terms.--
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(1) The Board of Interpreters for the Deaf and Hard of
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Hearing is created within the Department of Business and
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Professional Regulation consisting of nine members appointed by
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the Governor and confirmed by the Senate. To ensure continuity
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of board policies and to provide sufficient time for
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implementation of the licensure and permitting process, the
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Governor shall initially appoint members, as follows:
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(a) Four members who meet the qualifications to be
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licensed interpreters, one of whom must be a practicing
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educational interpreter, appointed by the Governor from the
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recommendations of 12 individuals by the Florida Registry of
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Interpreters for the Deaf, Inc.
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(b) One member who is an interpreter for the deaf or hard
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of hearing who is qualified to hold a permit or provisional
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license, appointed by the Governor from the recommendations of
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three individuals by the Florida Registry of Interpreters for
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the Deaf, Inc.
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(c) Two members who are deaf or hard of hearing, one of
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whom uses American Sign Language as a primary mode of
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communication, appointed by the Governor from the
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recommendations of six individuals by the Florida Association of
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the Deaf, Inc.
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(d) Two members who are private citizens who are hearing
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and do not hold a license or permit to interpret for the deaf or
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hard of hearing, appointed by the Governor from the
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recommendations of six individuals by the Florida Coordinating
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Council for the Deaf and Hard of Hearing.
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(2) Members appointed after the initial appointments
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shall be licensed or hold a permit for which the initial
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appointees were eligible pursuant to paragraphs (1)(a) and (b).
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(3) Members of the board shall be appointed for terms of 4
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years, except that:
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(a) Of the members initially appointed under paragraph
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(1)(a), one member shall be appointed to a 2-year term and one
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member shall be appointed to a 3-year term.
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(b) The member initially appointed under paragraph(1)(b)
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shall be appointed to a 1-year term.
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(c) Of the members initially appointed under paragraph
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(1)(c), one member shall be appointed to a 3-year term.
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(4) A member may not serve more than two consecutive
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terms.
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(5) All provisions of chapter 455 relating to the
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activities of regulatory boards under the Department of Business
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and Professional Regulation shall apply to the board.
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468.902 Board headquarters.--The board shall maintain its
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official headquarters in Tallahassee.
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468.903 Authority to practice.--Any person who:
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(1) Receives remuneration as an interpreter, represents
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himself or herself as an interpreter, or conveys the impression
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of or assumes the identity of an interpreter; or
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(2) Provides interpreting services pro bono or for
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remuneration in circumstances in which the services of a
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qualified interpreter are required under the federal American
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with Disabilities Act of 1990 , section 504 of the
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Rehabilitation Act of 1973, the Individuals with Disabilities
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Education Improvement Act of 2004, the No Child Left Behind Act
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of 2001, or the regulations adopted thereunder or other
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applicable state or federal legislation,
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must be licensed or hold a permit in accordance with this part.
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468.904 Application and renewal, reinstatement, extension,
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suspension, and revocation process.--
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(1) The board shall recommend and the department shall
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adopt by rule, procedures to administer the requirements for
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license and permit application, license renewal, license
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reinstatement, permit extension, license and permit suspension
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and revocation, and continuing education.
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(2) An application for a license or permit shall be
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submitted to the board and must include, but need not be limited
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to:
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(a) Proof of issuance of a valid recognized credential.
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(b) A recent passport or other official photograph of the
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applicant.
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(c) A nonrefundable application fee.
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(3) Each license or permit must be renewed biennially no
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later than March 1.
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(4) An application for license renewal or permit extension
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shall be submitted biennially to the department and must
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include, but need not be limited to:
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(a) Proof of issuance of a valid recognized credential.
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(b) Proof of completion of required continuing education,
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if applicable.
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(c) A renewal or extension fee, including any late fee.
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(5) The board shall approve the issuance of a license or
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permit, a renewal of the license, or an extension of a permit
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upon a determination that the credentials and documents are
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complete.
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(6) An application for reinstatement of a suspended or
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revoked license or permit must include, but need not be limited
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to:
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(a) Proof of license credentials.
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(b) A nonrefundable application fee.
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(c) A written request including the appropriateness of
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reinstatement.
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(d) Proof of completion of continuing education, as
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applicable.
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(7) Upon a majority vote of the board to recommend the
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denial of a license or permit application, license renewal,
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license reinstatement, or permit extension, the board shall
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notify the applicant of the reasons for the denial in writing no
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later than 30 calendar days after the board's action.
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(8) A person who is issued a license or permit under this
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part and who is acting as an interpreter shall display the
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license or permit to a client or an interpreter service consumer
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upon request.
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(9) A person who is issued a license or permit under this
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part shall notify the board of any address change no later than
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30 days after the change.
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468.905 Fees.--Fees are as follows:
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(1) Application fee, not to exceed $35.
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(2) Initial license or permit fee, not to exceed $150.
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(3) Biennial license renewal fee, not to exceed $150.
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(4) Permit extension fee, not to exceed $50.
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(5) License reinstatement application fee, not to exceed
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$70.
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468.906 License and permit; qualifications.--
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(1) RESTRICTIONS.--A license or permit may not be issued
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to:
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(a) Any person convicted of a felony.
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(b) Any person who has not received a high school diploma
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or its equivalent.
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(c) Any person who is not 18 years of age or older.
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(2) INTERPRETER OR TRANSLITERATOR LICENSE.--An applicant
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must hold one or more of the following valid certifications to
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be eligible for licensure as an interpreter or transliterator:
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(a) A Registry of Interpreters for the Deaf, Inc.,
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certification, except that oral certification shall be
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recognized to provide oral transliteration services only.
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(b) A National Association of the Deaf Certification,
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Level IV or Level V.
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(c) A National Interpreting Council certification issued
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by the National Council on Interpreting.
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(d) A Florida Registry of Interpreters for the Deaf
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Educational Interpreter Evaluation Level III, except that the
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EIE III shall be recognized for the pre-K through grade 12
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educational setting only.
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(e) An Educational Interpreter Performance Assessment
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Level 4.3-5.0, except that the EIPA 4.3-5.0 shall be recognized
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for the pre-K through grade 12 educational setting only.
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(f) A Testing, Evaluation, and Certification Unit
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Transliteration Skills certification, which shall be recognized
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for a transliteration license to provide only cued-speech
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transliteration services.
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(g) American Consortium of Certified Interpreters, Level
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IV or Level V.
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(3) PROVISIONAL LICENSE.--
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(a) An applicant must have successfully completed one or
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more of the following assessments to be eligible for provisional
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licensure:
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1. Florida Registry of Interpreters for the Deaf, Inc.,
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Quality Assurance Screening, Level II or Level III.
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2. Florida Registry of Interpreters for the Deaf, Inc.,
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Educational Interpreter Evaluation, Level II or Level III.
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3. National Association of the Deaf, Level III.
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4. Educational Interpreter Performance Assessment, Level
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IV or Level V.
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5. Testing, Evaluation, and Certification Unit Cued
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American English Competency Screening, Level 4.0-4.2, except
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that the screening shall be recognized for a provisional license
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to provide only cued-speech transliteration services.
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6. An American Consortium of Certified Interpreters
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certification, Level III.
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(b) An applicant for a deaf interpreter's provisional
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license must have received a passing score on the Certified Deaf
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Interpreter written examination and received a superior or
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advanced plus rating on the Sign Communication Proficiency
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Interview or the American Sign Language Proficiency Interview
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assessment.
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(c) The provisional license is valid for up to 5 years
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after the date of issuance, except that the department may issue
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a 1-year extension upon recommendation of the board. The
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department may not issue more than one extension of a
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provisional license.
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(4) SPECIAL LIMITED LICENSE.--
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(a) The department may, upon presentation of satisfactory
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proof of competency and pursuant to adopted rules, issue a
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special limited license to an individual who demonstrates
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competency in a specialized area for which no formal, generally
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recognized evaluation exists. Specialized areas associated with
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the practice of interpreting include, but are not limited to,
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interpreting for the deaf-blind, multilingual interpreting, and
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certain nonsign modalities.
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(b) Special limited licenses shall be granted until
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formal, generally recognized evaluative methods for these
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modalities are instituted.
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(c) Licenses issued under this subsection are subject to
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the provisions of this part and adopted rules, except that an
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applicant is not required to demonstrate any knowledge or
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expertise in a communication modality other than the one the
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applicant claims as the area of his or her specialty.
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(d) The board shall recommend and the department shall
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establish by rule separate educational requirements for specific
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modalities to determine the competency claimed by the applicant
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for a special limited license.
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(e) The board shall recommend and the department shall
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adopt rules regarding the development and implementation of
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criteria and licensure standards for interpreters specializing
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in deaf-blind communication.
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(f) Special limited licenses shall be recognized only for
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the area of special competency as specified on the license.
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(5) PERMIT.--
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(a) An applicant for a permit must have successfully
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passed one of the following assessments to be eligible to hold a
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permit under this subsection:
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1. Florida Registry of Interpreters for the Deaf, Inc.,
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Quality Assurance Screening, Level I.
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2. Florida Registry of Interpreters for the Deaf, Inc.,
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Educational Interpreter Evaluation, Level I.
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3. Educational Interpreter Performance Assessment, Level
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3.5-3.9.
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(b) An applicant for a deaf interpreter's permit must have
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successfully completed 20 documented hours of interpreter
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training, of which 16 hours must be certified deaf interpreter
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specific, and must have attained a superior or advanced plus
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rating on the Sign Communication Proficiency Interview or the
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American Sign Language Proficiency Interview assessment.
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(c) A deaf interpreter must submit an audiogram or
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audiological report providing proof of hearing loss.
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(d) A permit is valid for 2 years following the date of
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issuance, except that the department may approve a 1-year
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extension of the permit upon recommendation of the board. The
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department may not issue more than one extension.
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(6) REGISTERED PERMIT.--A registered permit shall be
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issued not later than July 1, 2009. Any interpreter who provides
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interpreter services before that date, who does not meet the
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credentialing requirements of this part but who would not be
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disqualified by the restrictions imposed under subsection (1),
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and who has registered with the department not later than 60
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calendar days after July 1, 2008, shall be issued a registered
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permit that is valid until July 1, 2010. Any interpreter who
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first provides interpreter services after July 1, 2008, must
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comply with the licensing or permitting requirements of this
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part.
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(7) TEMPORARY PERMIT.--
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(a) A person from another state, whether or not he or she
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holds a valid interpreter's credential from that state, may hold
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a temporary permit for up to 6 months after the date of
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issuance.
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(b) A person who holds a temporary permit must submit
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proof of having applied to the department, within 90 days after
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the date of issuance of the temporary permit, for any one of the
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following:
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1. Licensure.
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2. Provisional licensure.
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3. Permit.
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4. Special limited licensure.
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(c) A person may hold only one temporary permit.
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468.907 Suspended or revoked license or permit.--
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(1) A license or permit suspended or revoked by the
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department upon the recommendation of the board is subject to
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immediate expiration and surrender to the department.
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(2) The department may immediately seize a suspended or
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revoked license or permit.
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(3) A licensee or permitholder shall pay the reinstatement
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fee if the suspended or revoked license is reinstated by the
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department upon the recommendation of the board.
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(4) A renewed license or permit does not entitle the
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licensee or permitholder to engage in the practice of
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interpreting until the suspension or revocation period has ended
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or is otherwise removed and the right to practice is restored.
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468.908 Inactive status.--Any interpreter who notifies the
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department on forms prescribed by rule may place his or her
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license on inactive status and is exempt from payment of renewal
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fees until he or she applies for reinstatement and the
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reinstatement is approved by the department upon recommendation
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of the board and a license is issued.
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(1) Any interpreter who requests reinstatement from
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inactive status shall pay the reinstatement fee and shall meet
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the requirements for reinstatement as determined by rule.
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(2) An interpreter whose license is inactive may not
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practice in the state.
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(3) An interpreter who practices interpreting while his or
406
her license is on inactive status is practicing without a
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license and is subject to disciplinary action.
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(4) An interpreter may request inactive status for up to 2
409
years, after which he or she may petition the board for an
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extension of an inactive status as determined by rule.
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468.909 Continuing education.--
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(1) A licensed interpreter must biennially submit proof of
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current certification and indicate his or her compliance or
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noncompliance with the requirements of the Registry of
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Interpreters for the Deaf, Inc., Certification Maintenance
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Program.
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(2) A licensed Testing, Evaluation, and Certification Unit
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cued-speech transliterator must submit proof of successful
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completion of 4.0 units of cued-speech continuing education
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during the preceding 24 months ending on March 15 of the renewal
421
period.
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(3) A provisional licensed interpreter must biennially
423
submit proof of completion of 4.0 units of continuing education
424
during the preceding 24 months ending March 15 of the renewal
425
period, which must also indicate compliance with the Registry of
426
Interpreters for the Deaf, Inc., in the Associate Continuing
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Education Training program.
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(4) Registered permitholders must annually submit proof of
429
successful completion of 2.0 units of continuing education
430
during the preceding 12 months ending March 15 of the year in
431
which application is made.
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(5) Each licensee and permitholder shall maintain records
433
of successful completion of the continuing education required by
434
this subsection and shall transmit a copy of the record to the
435
department.
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468.910 Complaint process; grievances.--
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(1) Complaints regarding dishonorable, unethical, or
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unprofessional conduct of an interpreter or transliterator shall
439
be submitted to the board in writing or by videotape along with
440
a completed complaint form not later than 1 calendar year after
441
the occurrence of the alleged violation.
442
(2) Complaints shall be compiled by the board and must
443
include, but are not limited to:
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(a) The name of the licensee.
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(b) The name of the complainant.
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(c) The date of the alleged violation.
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(d) The date of the complaint.
448
(e) A brief statement detailing the nature of the
449
complaint, including a specific violation of the NAD/RID Code of
450
Professional Conduct.
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(f) The final disposition of the complaint.
452
(3) The department shall acknowledge each complaint in
453
writing within 10 business days after receipt of the complaint.
454
(4) Disciplinary proceedings shall be conducted pursuant
455
to s. 456.073.
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(5) The board may recommend to the department the
457
revocation or suspension of a license or permit, or such
458
disciplinary action as the board deems appropriate, for conduct
459
that may result in or from, but not limited to:
460
(a) Obtaining or attempting to obtain a license under this
461
part through bribery, misrepresentation, concealment of material
462
fact, or fraudulent misrepresentation.
463
(b) Having been found guilty of fraud, misrepresentation,
464
concealment, or material misstatement of fact or deceit in
465
connection with providing interpreter or transliterator
466
services.
467
(c) Having violated any standard of professional or
468
ethical conduct adopted by rule.
469
(d) Having violated any standard of professional or
470
ethical conduct as prescribed in the NAD/RID Code of
471
Professional Conduct, including, but not limited to:
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1. Making a false or fraudulent statement in any document
473
connected with the practice of interpreting or transliterating.
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2. Willfully violating a privileged communication.
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3. Willfully violating confidentiality.
476
4. Knowingly performing an act that aids or assists an
477
unlicensed person in practicing interpreting or transliterating
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in violation of this part.
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5. Practicing interpreting or transliterating under a
480
false or assumed name.
481
6. Advertising for the practice of interpreting or
482
transliterating in a deceptive or unethical manner.
483
7. Performing as an interpreter or transliterator while
484
intoxicated or under the influence of illegal drugs.
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8. Committing repeated violations of this part or rules
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adopted under this part.
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9. Committing repeated acts of gross misconduct in the
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practice of interpreting or transliterating.
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10. Demonstrating a pattern of practice or other behavior
490
that demonstrates incapacity or incompetence to practice under
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this part.
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(e) Having violated any lawful order or any provision of
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the part or rules adopted under this part.
494
(f) Aiding or assisting another person in violating this
495
part or any rule adopted under this part.
496
468.911 Exemptions.--The following interpreters or
497
transliterators are exempt from this part:
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(1) An interpreter or transliterator who provides
499
interpreting services during an emergency. For purposes of this
500
subsection, the term "emergency" means a situation in which,
501
after documented attempts to obtain the services of a licensed
502
interpreter, an individual who is deaf or hard of hearing
503
determines that the delay in obtaining a licensed interpreter
504
might lead to injury or loss to the individual requiring
505
services, if:
506
(a) The services of a licensed interpreter must continue
507
to be sought during the emergency in which the unlicensed
508
interpreter is providing interpreting services.
509
(b) An interpreter is acting under the Good Samaritan Act,
510
as determined by rule.
511
(2) An interpreter who is not a resident of this state and
512
who:
513
(a) Is registered in this state for a period up to 30
514
nonconsecutive calendar days to engage in interpreting,
515
including, but not limited to, conference interpreting, video-
516
relay interpreting, or interpreting while on a cruise vessel
517
originating out of this state, and who may or may not hold a
518
valid credential from another state, except that:
519
1. The nonresident interpreter must provide proof of
520
having submitted an application for a license or permit before
521
the expiration of his or her registration.
522
2. Interpreting services provided during a declared
523
national or state emergency are not included in the 30-day
524
registration restriction.
525
(b) Practices under the authority of the board and this
526
part.
527
(3) A student, intern interpreter, or person who
528
interprets in the presence of a supervising mentor who:
529
(a) Is enrolled in a course of study or mentorship program
530
leading to a certificate, degree, or licensure in interpreting,
531
if the student, intern, or person engages only in activities and
532
services that constitute a part of a supervised plan of study
533
that clearly designates him or her as a student, intern, or
534
person; and
535
(b) Interprets in the presence of a qualified supervising
536
mentor. The qualified supervising mentor must be:
537
1. A fully licensed interpreter or transliterator who has
538
a minimum of 5 years of interpreting experience or an instructor
539
in an interpreter training program who has three letters of
540
recommendation from individuals who are approved as mentors; or
541
2. A deaf mentor meeting the requirements for a
542
provisional license.
543
(4) An unlicensed interpreter who provides interpreting
544
services to facilitate emergency services and care by hospitals
545
under s. 395.1041 when a health care practitioner determines
546
that a delay in obtaining a licensed interpreter may result in
547
harm to a patient.
548
468.912 Illegal acts; penalties.--Except as provided in s.
549
468.911(4), any person who attempts to practice interpreting or
550
transliterating for remuneration or on a voluntary basis for an
551
interpreter service consumer without having obtained a valid
552
license or permit, who knowingly files false information with
553
the board for the purpose of obtaining a license or permit, or
554
who otherwise violates this part commits a misdemeanor of the
555
first degree, punishable as provided in s. 775.082 or s.
556
775.083. Violations include, but are not limited to:
557
(1) Obtaining or attempting to obtain a license or permit
558
by means of fraud, bribery, misrepresentation, or concealment of
559
material facts.
560
(2) Knowingly performing an act that aids or assists an
561
unlicensed person or a person who does not hold a valid permit
562
to practice interpreting or transliterating.
563
(3) Interpreting or transliterating under a false or
564
assumed name.
565
(4) Falsely using the name or title of "licensed
566
interpreter" or any other name or title that implies that he or
567
she is licensed or holds a permit under this part.
568
(5) Knowingly concealing information relating to the
569
enforcement of this part or rules adopted under this part.
570
(6) Using or attempting to use a license or permit that is
571
suspended or revoked.
572
(7) Except as provided in s. 468.911(4), employing any
573
individual who is not licensed or permitted under this part for
574
the purpose of providing interpreter services to an interpreter
575
services consumer.
576
(8) Knowingly allowing a student, intern interpreter, or
577
person who interprets in the presence of a supervising mentor to
578
provide interpreting services without direct supervision.
579
(9) Presenting the license or permit of another person as
580
his or her own license.
581
(10) Allowing the use of his or her license or permit by
582
another person.
583
(11) Advertising professional services in a false or
584
misleading manner.
585
468.913 Privileged communications.--
586
(1) An interpreter who interprets or transliterates a
587
conversation between a person who can hear and a deaf person, is
588
deemed a conduit for the conversation and may not disclose or be
589
compelled to disclose by subpoena the contents of the
590
conversation that he or she interpreted without the written
591
consent of all persons for whom he or she provided the
592
interpreting service.
593
(2) All communications that are recognized by law as
594
privileged remain privileged when an interpreter is used to
595
facilitate the communication.
596
(3) The disclosure of the contents of a privileged
597
conversation may be voluntarily disclosed if:
598
(a) An interpreter services consumer waives the privilege
599
by bringing public charges against the licensee.
600
(b) A communication reveals the intended commission of a
601
crime.
602
(4) A licensed interpreter is not prohibited from
603
voluntarily testifying in court hearings concerning matters of
604
child abuse or child neglect as provided under the federal
605
Abused and Neglected Child Reporting Act.
606
(5) An educational interpreter may disclose pertinent
607
education-related information to persons directly responsible
608
for a child's educational program or to the members of the
609
Individual Education Plan Team.
610
(6) With prior written agreement, staff interpreters
611
providing services in vocational rehabilitation, mental health,
612
or medical settings may disclose situation-related information
613
to other staff members.
614
468.914 Rulemaking authority.--
615
(1) The board may adopt rules pursuant to ss. 120.536(1)
616
and 120.54 to administer this part.
617
(2) In addition to the rulemaking requirements provided in
618
this part, the board shall recommend to the department, and the
619
department shall adopt, rules pertaining to, but not limited to:
620
(a) A code of professional conduct for licensees.
621
(b) Performance requirements, including education and
622
examination standards for interpreters.
623
(c) Continuing education requirements.
624
(d) Appropriate and acceptable testing tools to evaluate
625
interpreters.
626
(e) Fee schedules authorized under s. 468.905.
627
(f) Procedures for acceptance of funds from federal and
628
state sources to be used for the purposes of this part.
629
Section 2. This act shall take effect July 1, 2008.
630
631
================ T I T L E A M E N D M E N T ================
632
And the title is amended as follows:
633
Delete everything before the enacting clause
634
and insert:
635
A bill to be entitled
636
An act relating to interpreters for the deaf and hard of
637
hearing; creating part XVII of ch. 468, F.S.; creating s.
638
468.90, F.S.; providing definitions; creating s. 468.901,
639
F.S.; creating the Board of Interpreters for the Deaf and
640
Hard of Hearing within the Department of Business and
641
Professional Regulation; providing for appointment,
642
qualifications, and terms of board members; creating s.
643
468.902, F.S.; providing for board headquarters; creating
644
s. 468.903, F.S.; requiring certain persons to be licensed
645
or hold a permit to practice; creating s. 468.904, F.S.;
646
providing for license and permit application and renewal,
647
reinstatement, extension, suspension, and revocation;
648
providing rulemaking authority; creating s. 468.905, F.S.;
649
providing for fees; creating s. 468.906, F.S.; providing
650
restrictions on and qualifications for licensure and
651
permit holding; providing for licensure and permit types;
652
creating s. 468.907, F.S.; providing for surrender or
653
seizure of suspended or revoked licenses and permits;
654
creating s. 468.908, F.S.; providing for inactive status;
655
creating s. 468.909, F.S.; providing continuing education
656
requirements; creating s. 468.910, F.S.; providing a
657
process for submitting complaints; requiring the board to
658
compile certain complaint data; providing for disciplinary
659
proceedings to be conducted under s. 456.073, F.S.;
660
providing grounds for board recommendation of revocation
661
or suspension of license or permit or other disciplinary
662
action; creating s. 468.911, F.S.; providing exemptions
663
from regulation under the part; creating s. 468.912, F.S.;
664
prohibiting certain acts; providing penalties; creating s.
665
468.913, F.S.; establishing a privilege for certain
666
conversations; providing for voluntary disclosure of
667
certain privileged conversations; creating s. 468.914,
668
F.S.; providing rulemaking authority; providing an
669
effective date.
1/21/2008 1:24:00 PM 581-03177-08
CODING: Words stricken are deletions; words underlined are additions.