Florida Senate - 2012 SB 942
By Senator Wise
5-00482A-12 2012942__
1 A bill to be entitled
2 An act relating to interpreters and transliterators;
3 creating s. 1002.362, F.S.; defining terms; requiring
4 that, under certain circumstances, a person who
5 provides interpreting or transliterating services
6 possess a credential issued under the act; providing a
7 temporary exception for a person who holds a
8 credential from another state; requiring that the
9 credentialing entity establish the Interpreters for
10 the Deaf and Hard of Hearing Advisory Board; providing
11 duties of the board; authorizing the credentialing
12 entity to seek injunctive relief for certain
13 violations; prohibiting the use of public funds to
14 employ interpreters or transliterators who do not hold
15 valid credentials; providing a temporary exemption for
16 persons practicing as interpreters or transliterators;
17 requiring that a person practicing as an interpreter
18 or transliterator on or after a specified date apply
19 for a credential; requiring that a person practicing
20 as an interpreter or transliterator on or after a
21 specified date hold a valid credential; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 1002.362, Florida Statutes, is created
27 to read:
28 1002.362 Credentialing of interpreters and
29 transliterators.—
30 (1) As used in this section, the term:
31 (a) “Credentialing entity” means an entity approved
32 pursuant to s. 402.40(3).
33 (b) “Deaf” means having a hearing impairment of such
34 severity that a person must depend on visual or tactile methods,
35 or both, to communicate.
36 (c) “Deaf-blind” means that the senses of hearing and sight
37 are limited for the purpose of communication. A person who is
38 deaf-blind uses primarily visual or tactile methods of
39 communication.
40 (d) “Hard of hearing” means having a hearing impairment
41 that results in a loss of hearing functions to a person and in
42 which the person relies on residual hearing that may be
43 sufficient to process linguistic information through audition
44 with or without amplification under favorable listening
45 conditions; depends on visual methods to communicate; depends on
46 assistive listening devices; or has an impairment with other
47 auditory disabling conditions.
48 (e) “Interpreter” means a person who provides accessible
49 and effective communication between persons who are deaf, hard
50 of hearing, or deaf-blind and persons who are hearing,
51 including, but not limited to, communication through American
52 Sign Language and English or other modalities that involve
53 visual, gestural, oral or aural, and tactile methods of
54 communication.
55 (f) “Sign language” means a continuum of visual-gestural
56 language and communication systems that employ signs made with
57 the hands and other movements, including facial expressions and
58 postures of the body. The term is not limited to American Sign
59 Language.
60 (g) “Transliterator” means a person who provides accessible
61 and effective communication between persons who are deaf, hard
62 of hearing, or deaf-blind and persons who hear, primarily using
63 sign language or other signed mode of English and spoken
64 English.
65 (2) Unless otherwise exempt as provided in subsection (4)
66 or subsection (8), a person who represents himself or herself as
67 an interpreter or transliterator or who provides interpreting or
68 transliterating services for remuneration or pro bono in
69 circumstances in which the services of a qualified interpreter
70 or transliterator are requested under the Americans with
71 Disabilities Act of 1990, s. 504 of the Rehabilitation Act of
72 1973, the Individuals with Disabilities Education Improvement
73 Act of 2004, or the No Child Left Behind Act of 2001, and the
74 regulations adopted thereunder, or other applicable state or
75 federal law, must possess a credential issued under this section
76 to provide interpreting or transliterating services.
77 (3) A person who holds a credential to practice as an
78 interpreter or transliterator in another state may practice for
79 2 years after initial employment in this state without being
80 issued a credential under this section.
81 (4) The credentialing entity, in cooperation with the
82 Florida Registry of Interpreters for the Deaf, Inc., shall
83 establish the Interpreters for the Deaf and Hard of Hearing
84 Advisory Board. The board shall recommend to the credentialing
85 entity policies, procedures, and actions necessary to issue a
86 credential to interpreters and transliterators, consistent with
87 standards endorsed by the Florida Registry of Interpreters for
88 the Deaf, Inc., the Registry of Interpreters for the Deaf, Inc.,
89 and the National Association of the Deaf.
90 (5) The credentialing entity may seek injunctive relief to
91 enjoin persons who are practicing as interpreters or
92 transliterators but who do not hold a valid credential issued
93 under this section or who are not exempt as provided in
94 subsection (3) or subsection (7).
95 (6) Public funds may not be used to employ interpreters or
96 transliterators who do not hold a valid credential issued under
97 this section.
98 (7) The following persons are exempt from the requirements
99 of this section:
100 (a) A person who provides interpreting services in
101 situations in which the delay in obtaining a credentialed
102 interpreter may result in immediate injury or economic burden.
103 (b) A student or intern practicing under the supervision of
104 an interpreter or transliterator who holds a valid credential.
105 (c) A noncredentialed person providing interpreting
106 services until a credentialed interpreter or transliterator is
107 secured in order to facilitate emergency services and care by a
108 hospital, pursuant to s. 395.1041, if a health care practitioner
109 determines that a delay in obtaining a credentialed interpreter
110 or transliterator may result in harm to a patient.
111 (8) A person practicing as an interpreter or transliterator
112 on or after July 1, 2012, must apply for a credential under this
113 section. Except as otherwise provided in subsection (3) or
114 subsection (7), a person practicing as an interpreter or
115 transliterator on or after July 1, 2014, must hold a valid
116 credential issued under this section.
117 Section 2. This act shall take effect July 1, 2012.