Bill Text: FL H0443 | 2010 | Regular Session | Introduced


Bill Title: Interpreters and Transliterators

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on PreK-12 Policy (EPC) [H0443 Detail]

Download: Florida-2010-H0443-Introduced.html
HB 443
1
A bill to be entitled
2An act relating to interpreters and transliterators;
3creating s. 1002.362, F.S.; requiring the Florida School
4for the Deaf and the Blind to designate an entity to issue
5credentials to interpreters and transliterators who
6provide services for persons who are deaf or hard of
7hearing; providing definitions; requiring that a person
8who provides interpreting or transliterating services
9possess a credential issued under the act; providing a
10temporary exception for persons who hold a credential from
11another state; requiring that the credentialing entity
12establish the Interpreters for the Deaf and Hard of
13Hearing Advisory Board; providing duties of the board;
14authorizing the credentialing entity to seek injunctive
15relief for certain violations; prohibiting the use of
16public funds to employ interpreters or transliterators who
17do not hold valid credentials; providing a temporary
18exemption for persons practicing as interpreters or
19transliterators on a specified date; providing an
20effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 1002.362, Florida Statutes, is created
25to read:
26 1002.362 Credentialing of interpreters and
27transliterators.-
28 (1) The Florida School for the Deaf and the Blind shall
29designate a statewide entity to issue credentials to
30interpreters and transliterators in this state.
31 (2) As used in this section, the term:
32 (a) "Credentialing entity" means the entity designated by
33the Florida School for the Deaf and the Blind pursuant to
34subsection (1).
35 (b) "Deaf" means a nonfunctional sense of hearing for the
36purpose of communication. A person who is deaf primarily uses
37visual methods of communication. Unless otherwise specified, the
38term also includes a person who is hard of hearing or a person
39who is deaf-blind.
40 (c) "Deaf-blind" means that the senses of hearing and
41sight are limited for the purpose of communication. A person who
42is deaf-blind primarily uses visual or tactile methods of
43communication.
44 (d) "Hard of hearing" means hearing loss that results in
45the possible dependence on visual methods to communicate.
46 (e) "Interpreter" means a person who provides accessible
47and effective communication between persons who are deaf or hard
48of hearing and persons who are hearing, including, but not
49limited to, communication through American Sign Language and
50English or other modalities that involve visual, gestural, oral
51or aural, and tactile methods of communication.
52 (f) "Sign language" means a continuum of visual-gestural
53language and communication systems that is based on hand signs
54and is not limited to American Sign Language.
55 (g) "Transliterator" means a person who provides
56accessible and effective communication between persons who are
57deaf or hard of hearing and persons who hear, primarily using
58sign language or other signed mode of English and spoken
59English.
60 (3) Unless otherwise exempt as provided in subsection (4)
61or subsection (8), a person who represents himself or herself as
62an interpreter or transliterator or who provides interpreting or
63transliterating services for remuneration or pro bono in
64circumstances in which the services of a qualified interpreter
65or transliterator are requested under the Americans with
66Disabilities Act of 1990, s. 504 of the Rehabilitation Act of
671973, the Individuals with Disabilities Education Improvement
68Act of 2004, or the No Child Left Behind Act of 2001, and the
69regulations adopted thereunder, or other applicable state or
70federal law, must possess a credential issued under this section
71to provide interpreter or transliterator services.
72 (4) A person who holds a credential to practice as an
73interpreter or transliterator in another state may practice for
742 years after initial employment in this state without being
75issued a credential under this section.
76 (5) The credentialing entity, in cooperation with the
77Florida Registry of Interpreters for the Deaf, Inc., shall
78establish the Interpreters for the Deaf and Hard of Hearing
79Advisory Board. The board shall recommend to the credentialing
80entity policies, procedures, and actions necessary to issue a
81credential to interpreters and transliterators, consistent with
82standards endorsed by the Florida Registry of Interpreters for
83the Deaf, Inc., the Registry of Interpreters for the Deaf, Inc.,
84and the National Association of the Deaf, Inc.
85 (6) The credentialing entity may seek injunctive relief to
86enjoin persons who are practicing as interpreters or
87transliterators but who do not hold a valid credential issued
88under this section or who are not exempt as provided in
89subsection (4) or subsection (8).
90 (7) Public funds may not be used to employ interpreters or
91transliterators who do not hold a valid credential issued under
92this section.
93 (8) The following persons are exempt from the requirements
94of this section:
95 (a) A person who provides interpreting services in
96situations where the delay in obtaining a credentialed
97interpreter may result in immediate injury or economic loss.
98 (b) A student or intern practicing under the supervision
99of an interpreter or transliterator who holds a valid
100credential.
101 (c) A noncredentialed person providing interpreting
102services until a credentialed interpreter or transliterator is
103secured in order to facilitate emergency services and care by a
104hospital, pursuant to s. 395.1041, if a health care practitioner
105determines that a delay in obtaining a credentialed interpreter
106or transliterator may result in harm to a patient.
107 (9) A person practicing as an interpreter or
108transliterator on July 1, 2010, must apply for a credential
109under this section. Except as otherwise provided in subsection
110(4) or subsection (8), a person practicing as an interpreter or
111transliterator on or after July 1, 2012, must hold a valid
112credential issued under this section.
113 Section 2. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.
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