Bill Text: FL S0980 | 2010 | Regular Session | Introduced


Bill Title: Interpreters and Transliterators [SPSC]

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2010-04-30 - Died in Committee on Education Pre-K - 12 [S0980 Detail]

Download: Florida-2010-S0980-Introduced.html
 
Florida Senate - 2010                                     SB 980 
 
By Senator Wise 
5-00176A-10                                            2010980__ 
1                        A bill to be entitled 
2         An act relating to interpreters and transliterators; 
3         creating s. 1002.362, F.S.; requiring the Florida 
4         School for the Deaf and the Blind to designate an 
5         entity to issue credentials to interpreters and 
6         transliterators who provide services for persons who 
7         are deaf or hard of hearing; providing definitions; 
8         requiring that a person who provides interpreting or 
9         transliterating services possess a credential issued 
10         under the act; providing a temporary exception for 
11         persons who hold a credential from another state; 
12         requiring that the credentialing entity establish the 
13         Interpreters for the Deaf and Hard of Hearing Advisory 
14         Board; providing duties of the board; authorizing the 
15         credentialing entity to seek injunctive relief for 
16         certain violations; prohibiting the use of public 
17         funds to employ interpreters or transliterators who do 
18         not hold valid credentials; providing a temporary 
19         exemption for persons practicing as interpreters or 
20         transliterators on a specified date; providing an 
21         effective date. 
22 
23  Be It Enacted by the Legislature of the State of Florida: 
24 
25         Section 1. Section 1002.362, Florida Statutes, is created 
26  to read: 
27         1002.362 Credentialing of interpreters and 
28  transliterators.— 
29         (1) The Florida School for the Deaf and the Blind shall 
30  designate a statewide entity to issue credentials to 
31  interpreters and transliterators in this state. 
32         (2) As used in this section, the term: 
33         (a) “Credentialing entity” means the entity designated by 
34  the Florida School for the Deaf and the Blind pursuant to 
35  subsection (1). 
36         (b) “Deaf” means a nonfunctional sense of hearing for the 
37  purpose of communication. A person who is deaf primarily uses 
38  visual methods of communication. Unless otherwise specified, the 
39  term also includes a person who is hard of hearing or a person 
40  who is deaf-blind. 
41         (c) “Deaf-blind” means that the senses of hearing and sight 
42  are limited for the purpose of communication. A person who is 
43  deaf-blind primarily uses visual or tactile methods of 
44  communication. 
45         (d) “Hard of hearing” means hearing loss that results in 
46  the possible dependence on visual methods to communicate. 
47         (e) “Interpreter” means a person who provides accessible 
48  and effective communication between persons who are deaf or hard 
49  of hearing and persons who are hearing, including, but not 
50  limited to, communication through American Sign Language and 
51  English or other modalities that involve visual, gestural, oral 
52  or aural, and tactile methods of communication. 
53         (f) “Sign language” means a continuum of visual-gestural 
54  language and communication systems that is based on hand signs 
55  and is not limited to American Sign Language. 
56         (g) “Transliterator” means a person who provides accessible 
57  and effective communication between persons who are deaf or hard 
58  of hearing and persons who hear, primarily using sign language 
59  or other signed mode of English and spoken English. 
60         (3) Unless otherwise exempt as provided in subsection (4) 
61  or subsection (8), a person who represents himself or herself as 
62  an interpreter or transliterator or who provides interpreting or 
63  transliterating services for remuneration or pro bono in 
64  circumstances in which the services of a qualified interpreter 
65  or transliterator are requested under the Americans with 
66  Disabilities Act of 1990, s. 504 of the Rehabilitation Act of 
67  1973, the Individuals with Disabilities Education Improvement 
68  Act of 2004, or the No Child Left Behind Act of 2001, and the 
69  regulations adopted thereunder, or other applicable state or 
70  federal law, must possess a credential issued under this section 
71  to provide interpreter or transliterator services. 
72         (4) A person who holds a credential to practice as an 
73  interpreter or transliterator in another state may practice for 
74  2 years after initial employment in this state without being 
75  issued a credential under this section. 
76         (5) The credentialing entity, in cooperation with the 
77  Florida Registry of Interpreters for the Deaf, Inc., shall 
78  establish the Interpreters for the Deaf and Hard of Hearing 
79  Advisory Board. The board shall recommend to the credentialing 
80  entity policies, procedures, and actions necessary to issue a 
81  credential to interpreters and transliterators, consistent with 
82  standards endorsed by the Florida Registry of Interpreters for 
83  the Deaf, Inc., the Registry of Interpreters for the Deaf, Inc., 
84  and the National Association of the Deaf, Inc. 
85         (6) The credentialing entity may seek injunctive relief to 
86  enjoin persons who are practicing as interpreters or 
87  transliterators but who do not hold a valid credential issued 
88  under this section or who are not exempt as provided in 
89  subsection (4) or subsection (8). 
90         (7) Public funds may not be used to employ interpreters or 
91  transliterators who do not hold a valid credential issued under 
92  this section. 
93         (8) The following persons are exempt from the requirements 
94  of this section: 
95         (a) A person who provides interpreting services in 
96  situations where the delay in obtaining a credentialed 
97  interpreter may result in immediate injury or economic loss. 
98         (b) A student or intern practicing under the supervision of 
99  an interpreter or transliterator who holds a valid credential. 
100         (c) A noncredentialed person providing interpreting 
101  services until a credentialed interpreter or transliterator is 
102  secured in order to facilitate emergency services and care by a 
103  hospital, pursuant to s. 395.1041, if a health care practitioner 
104  determines that a delay in obtaining a credentialed interpreter 
105  or transliterator may result in harm to a patient. 
106         (9) A person practicing as an interpreter or transliterator 
107  on July 1, 2010, must apply for a credential under this section. 
108  Except as otherwise provided in subsection (4) or subsection 
109  (8), a person practicing as an interpreter or transliterator on 
110  or after July 1, 2012, must hold a valid credential issued under 
111  this section. 
112         Section 2. This act shall take effect July 1, 2010. 
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