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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

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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

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period.

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     (3) A provisional licensed interpreter must biennially

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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

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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

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successful completion of 2.0 units of continuing education

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during the preceding 12 months ending March 15 of the year in

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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

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this subsection and shall transmit a copy of the record to the

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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.

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     (2) Complaints shall be compiled by the board and must

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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.

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     (e) A brief statement detailing the nature of the

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complaint, including a specific violation of the NAD/RID Code of

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Professional Conduct.

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     (f) The final disposition of the complaint.

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     (3) The department shall acknowledge each complaint in

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writing within 10 business days after receipt of the complaint.

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     (4) Disciplinary proceedings shall be conducted pursuant

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to s. 456.073.

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     (5) The board may recommend to the department the

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revocation or suspension of a license or permit, or such

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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

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part through bribery, misrepresentation, concealment of material

462

fact, or fraudulent misrepresentation.

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     (b) Having been found guilty of fraud, misrepresentation,

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concealment, or material misstatement of fact or deceit in

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connection with providing interpreter or transliterator

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services.

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     (c) Having violated any standard of professional or

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ethical conduct adopted by rule.

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     (d) Having violated any standard of professional or

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ethical conduct as prescribed in the NAD/RID Code of

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Professional Conduct, including, but not limited to:

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     1. Making a false or fraudulent statement in any document

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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.

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     4. Knowingly performing an act that aids or assists an

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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

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false or assumed name.

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     6. Advertising for the practice of interpreting or

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transliterating in a deceptive or unethical manner.

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     7. Performing as an interpreter or transliterator while

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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

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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.

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     (f) Aiding or assisting another person in violating this

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part or any rule adopted under this part.

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     468.911 Exemptions.--The following interpreters or

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transliterators are exempt from this part:

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     (1) An interpreter or transliterator who provides

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interpreting services during an emergency. For purposes of this

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subsection, the term "emergency" means a situation in which,

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after documented attempts to obtain the services of a licensed

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interpreter, an individual who is deaf or hard of hearing

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determines that the delay in obtaining a licensed interpreter

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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