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| 1 | A bill to be entitled | ||
| 2 | An act relating to the Florida Commission on Deafness; | ||
| 3 | creating the Florida Commission on Deafness; providing | ||
| 4 | membership and organization of the commission; providing | ||
| 5 | role, purpose, powers, duties, and responsibilities of the | ||
| 6 | commission; providing an effective date. | ||
| 7 | |||
| 8 | Be It Enacted by the Legislature of the State of Florida: | ||
| 9 | |||
| 10 | Section 1. Florida Commission on Deafness.-- | ||
| 11 | (1)(a) There is established the Florida Commission on | ||
| 12 | Deafness. The commission is assigned to the Executive Office of | ||
| 13 | the Governor for administrative and fiscal accountability | ||
| 14 | purposes, but it shall otherwise function independently of the | ||
| 15 | control, supervision, and direction of the Executive Office of | ||
| 16 | the Governor. | ||
| 17 | (b) The commission shall consist of 9 members appointed by | ||
| 18 | the Governor, five of whom shall be representatives of and | ||
| 19 | recommended by statewide not-for-profit professional | ||
| 20 | organizations that represent deaf, hard-of-hearing, and late- | ||
| 21 | deafened individuals, three of whom shall be representatives of | ||
| 22 | and recommended by statewide not-for-profit professional or | ||
| 23 | service-provider organizations, and one of whom shall be a | ||
| 24 | representative of the Department of Management Services. Each | ||
| 25 | member shall serve a term of 4 years; however, for the purpose | ||
| 26 | of providing staggered terms, of the initial appointments, four | ||
| 27 | members shall be appointed to a 2-year term and five members | ||
| 28 | shall be appointed to a 4-year term. Any vacancy on the | ||
| 29 | commission shall be filled in the same manner as the original | ||
| 30 | appointment, and any member appointed to fill a vacancy | ||
| 31 | occurring because of death, resignation, or ineligibility for | ||
| 32 | membership shall serve only for the unexpired term of the | ||
| 33 | member's predecessor. | ||
| 34 | (c) The commission shall elect one member to serve as | ||
| 35 | chair of the commission for a term of 1 year. The commission | ||
| 36 | shall meet at least once each quarter. All meetings are subject | ||
| 37 | to the call of the chair. Eight members of the commission shall | ||
| 38 | constitute a quorum. | ||
| 39 | (d) Members of the commission shall serve without | ||
| 40 | compensation but may be reimbursed for per diem and travel | ||
| 41 | expenses pursuant to s. 112.061, Florida Statutes. | ||
| 42 | (e) The commission shall employ and supervise an executive | ||
| 43 | director. The executive director shall report directly to the | ||
| 44 | commission. The executive director shall be responsible for | ||
| 45 | employing and supervising all employees and staff members of the | ||
| 46 | commission. | ||
| 47 | (2) The commission shall have a main office, which shall | ||
| 48 | be centrally located in the state in an area where there are | ||
| 49 | large, active deaf, hard-of-hearing, and late-deafened | ||
| 50 | communities, and shall establish six regional offices throughout | ||
| 51 | the state to provide services to deaf, hard-of-hearing, and | ||
| 52 | late-deafened citizens and to assist local service providers in | ||
| 53 | the delivery of such services. | ||
| 54 | (3)(a) It shall be the role of the commission to address | ||
| 55 | the needs of deaf, hard-of-hearing, and late-deafened | ||
| 56 | individuals by providing technical assistance, advocacy, and | ||
| 57 | education. To that end, the commission shall: | ||
| 58 | 1. Provide information and assistance to the Legislature. | ||
| 59 | 2. Provide technical assistance to other state agencies. | ||
| 60 | 3. Provide information and referral services. | ||
| 61 | 4. Promote public and individual advocacy for deaf, hard- | ||
| 62 | of-hearing, and late-deafened citizens. | ||
| 63 | 5. Conduct public hearings as needed. | ||
| 64 | (b) It shall be a primary role of the commission to ensure | ||
| 65 | that educational, mental health, medical, legal, social, and | ||
| 66 | vocational services and activities are fully accessible by deaf, | ||
| 67 | hard-of-hearing, and late-deafened citizens. The commission | ||
| 68 | shall initiate recommendations to state agencies regarding | ||
| 69 | compliance with accessibility issues and standards as they | ||
| 70 | relate to services for deaf, hard-of-hearing, and late-deafened | ||
| 71 | individuals and may file deficiency reports with agencies when | ||
| 72 | it has deemed that services are inaccessible to such | ||
| 73 | individuals. It shall be a duty of the commission to ensure | ||
| 74 | compliance by state agencies with equipment and communication | ||
| 75 | accessibility standards in the provision of services to deaf, | ||
| 76 | hard-of-hearing, and late-deafened individuals. The commission | ||
| 77 | shall also exercise oversight and enforcement responsibilities | ||
| 78 | with respect to licensure and accreditation of sign-language | ||
| 79 | interpreters, oral interpreters, and entities providing | ||
| 80 | services, both directly and indirectly, to individuals with | ||
| 81 | hearing loss. | ||
| 82 | (c) The commission shall have the authority to withdraw | ||
| 83 | any contract or agreement it has entered into or to revoke any | ||
| 84 | license issued under the authority of the commission if at any | ||
| 85 | time it determines that the service or services provided by the | ||
| 86 | person or entity with whom the commission has a contract or | ||
| 87 | agreement or to whom a license has been issued are inaccessible | ||
| 88 | to individuals with hearing loss. In instances in which the | ||
| 89 | commission determines that a service or services are | ||
| 90 | inaccessible to individuals with hearing loss and the | ||
| 91 | jurisdiction to take remedial action lies with a state agency, | ||
| 92 | the commission may offer technical assistance, information, and | ||
| 93 | support to the state agency. | ||
| 94 | (d) The commission shall have oversight responsibility in | ||
| 95 | areas related to accessibility to individuals with hearing loss, | ||
| 96 | including, but not limited to, standards for and licensure of | ||
| 97 | sign-language interpreters and providers of Computer-Aided Real- | ||
| 98 | time Translation services (CART) and other service provider | ||
| 99 | accreditation standards for which oversight is not provided by a | ||
| 100 | state agency. In areas in which oversight responsibility resides | ||
| 101 | with a state agency, the commission shall provide technical | ||
| 102 | assistance and information exchange. | ||
| 103 | (e) The commission may: | ||
| 104 | 1. Secure assistance from all state departments and | ||
| 105 | agencies in order to avail itself of expertise at minimal cost. | ||
| 106 | 2. Procure information and assistance from the state or | ||
| 107 | any political subdivision, municipal corporation, public | ||
| 108 | officer, or governmental department or agency thereof. | ||
| 109 | 3. Apply for and accept funds, grants, gifts, and services | ||
| 110 | from local or state government or the Federal Government, or | ||
| 111 | from any of their agencies, or any other public or private | ||
| 112 | source and may use funds derived from these sources to defray | ||
| 113 | administrative costs, implement programs as may be necessary to | ||
| 114 | carry out the commission's charge, and assist agencies, | ||
| 115 | institutions, and individuals in the implementation of programs | ||
| 116 | designed to ensure full accessibility to services by individuals | ||
| 117 | with hearing loss. | ||
| 118 | 4. Contract for necessary goods and services. | ||
| 119 | (f) The commission shall provide funding for direct | ||
| 120 | services through the request-for-proposal process, which shall | ||
| 121 | include, but not be limited to, regional core services, local | ||
| 122 | direct services such as one-stop centers that provide services | ||
| 123 | to facilitate communication accessibility among individuals with | ||
| 124 | hearing loss, licensure of sign-language interpreters in the | ||
| 125 | state, accreditation of service providers for individuals with | ||
| 126 | hearing loss, and assistance to state agencies in the | ||
| 127 | enforcement of existing laws to ensure that public-sector and | ||
| 128 | private-sector services are accessible to individuals with | ||
| 129 | hearing loss. | ||
| 130 | (4) All executive branch state agencies are instructed, | ||
| 131 | and all other state agencies are requested, to aid and assist | ||
| 132 | the commission in the accomplishment of its purposes. | ||
| 133 | Section 2. This act shall take effect upon becoming a law. | ||