SENATE AMENDMENT
    Bill No. CS for CS for SB 206
    Amendment No. ___   Barcode 240368
                            CHAMBER ACTION
              Senate                               House
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       04/22/2004 03:43 PM         .                    
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11  Senator Jones moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 14, through
15            page 4, line 28, delete those lines
16  
17  and insert:  
18         Section 1.  Florida Coordinating Council for the Deaf
19  and the Hard of Hearing.--
20         (1)  DEFINITIONS.--For purposes of this section, the
21  term:
22         (a)  "Communication access realtime translation" means
23  the instant translation of the spoken word into English text
24  using information technology in which the text appears on a
25  computer monitor or other display.
26         (b)  "Coordinating council" means the Florida
27  Coordinating Council for the Deaf and the Hard of Hearing.
28         (c)  "Deaf" means having a hearing impairment of such
29  severity that an individual must depend on visual or tactile
30  methods, or both, to communicate.
31         (d)  "Hard of hearing" means having a hearing
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SENATE AMENDMENT Bill No. CS for CS for SB 206 Amendment No. ___ Barcode 240368 1 impairment that results in a loss of hearing functions to an 2 individual and in which the individual: relies on residual 3 hearing which may be sufficient to process linguistic 4 information through audition with or without amplification 5 under favorable listening conditions; depends on visual 6 methods to communicate; depends on assistive listening 7 devices; or has an impairment with other auditory disabling 8 conditions. 9 (e) "Interpreter" means a provider of accessible and 10 effective communication between and among individuals who are 11 deaf or hard of hearing and between and among such individuals 12 and other persons. This process includes, but is not limited 13 to, communication through American Sign Language and spoken 14 English. It may also involve various other modalities that 15 involve visual, gestural, and tactile methods. 16 17 For purposes of this section, individuals with any level of 18 loss of hearing provided in the definitions in this subsection 19 are included in references to deaf or hard of hearing 20 individuals. 21 (2) COORDINATING COUNCIL.--There is established the 22 Florida Coordinating Council for the Deaf and the Hard of 23 Hearing. 24 (a) The coordinating council is assigned to the Office 25 of the Secretary of Health for administrative and fiscal 26 accountability purposes, but it shall otherwise function 27 independently of the control, supervision, and direction of 28 the Department of Health. 29 (b) The coordinating council shall develop a budget 30 pursuant to chapter 216, Florida Statutes. The budget is not 31 subject to change by the department staff after it has been 2 2:54 PM 04/21/04 s0206c2c-13t02
SENATE AMENDMENT Bill No. CS for CS for SB 206 Amendment No. ___ Barcode 240368 1 approved by the coordinating council, but it shall be 2 transmitted to the Governor with the budget of the department. 3 (3) COORDINATING COUNCIL MEMBERSHIP, TRAINING, 4 MEETINGS.-- 5 (a) The coordinating council shall be composed of 17 6 members. The appointment of members not representing agencies 7 shall be made by the Governor. The appointment of members 8 representing organizations shall be made by the Governor in 9 consultation with those organizations. The membership shall be 10 as follows: 11 1. Two members representing the Florida Association of 12 the Deaf. 13 2. Two members representing the Florida Association of 14 Self Help for Hard of Hearing People. 15 3. A member representing the Association of Late 16 Deafened Adults. 17 4. An individual who is deaf and blind. 18 5. A parent of an individual who is deaf. 19 6. A member representing the Deaf Service Center 20 Association. 21 7. A member representing the Florida Registry of 22 Interpreters for the Deaf. 23 8. A member representing the Florida Alexander Graham 24 Bell Association for the Deaf and Hard of Hearing. 25 9. A communication access realtime translator. 26 10. An audiologist licensed under part I of chapter 27 468, Florida Statutes. 28 11. A hearing aid specialist licensed under part II of 29 chapter 484, Florida Statutes. 30 12. The Secretary of Children and Family Services or 31 his or her designee. 3 2:54 PM 04/21/04 s0206c2c-13t02
SENATE AMENDMENT Bill No. CS for CS for SB 206 Amendment No. ___ Barcode 240368 1 13. The Secretary of Health or his or her designee. 2 14. The Commissioner of Education or his or her 3 designee. 4 15. The Secretary of Elderly Affairs or his or her 5 designee. 6 7 If any organization from which a representative is to be drawn 8 ceases to exist, a representative of a similar organization 9 shall be named to the coordinating council. The Governor shall 10 make appointments to the coordinating council no later than 11 August 1, 2004, and may remove any member for cause. Each 12 member shall be appointed to a term of 4 years. However, for 13 the purpose of providing staggered terms, of the initial 14 appointments not representing state agencies, seven members, 15 including the audiologist and the hearing aid specialist, 16 shall be appointed to 2-year terms and six members shall be 17 appointed to 4-year terms. Any vacancy on the coordinating 18 council shall be filled in the same manner as the original 19 appointment, and any member appointed to fill a vacancy 20 occurring because of death, resignation, or ineligibility for 21 membership shall serve only for the unexpired term of the 22 member's predecessor. Prior to serving on the coordinating 23 council, all appointees must attend orientation training which 24 shall address, at a minimum, the provisions of this section; 25 the programs operated by the coordinating council; the role 26 and functions of the coordinating council; the current budget 27 for the coordinating council; the results of the most recent 28 formal audit of the coordinating council; and the requirements 29 of the state's public records law, the code of ethics, the 30 Administrative Procedure Act, and other laws relating to 31 public officials, including conflict-of-interest laws. 4 2:54 PM 04/21/04 s0206c2c-13t02
SENATE AMENDMENT Bill No. CS for CS for SB 206 Amendment No. ___ Barcode 240368 1 (b) It is cause for the removal from the coordinating 2 council of a member who during service on the coordinating 3 council: 4 1. Is unable to discharge his or her duties for a 5 substantial portion of the term for which he or she is 6 appointed because of illness or disability; or 7 2. Is absent from more than one-half of the regularly 8 scheduled coordinating council meetings during a calendar 9 year, except when the absence is excused by majority vote of 10 the coordinating council. 11 (c) The first meeting of the coordinating council 12 shall be held no later than September 1, 2004. The 13 coordinating council members, at the organizational meeting, 14 shall elect by a majority vote of the members one member to 15 serve as chair of the coordinating council for a term of 1 16 year. A person who represents an agency, a profession, or an 17 organization other than a nonprofit deaf or hard of hearing 18 consumer organization may not serve as chair. The coordinating 19 council shall meet at least once each quarter. All meetings 20 are subject to the call of the chair. Twelve members of the 21 coordinating council shall constitute a quorum. 22 (d) Members of the coordinating council shall serve 23 without compensation but may be reimbursed for per diem and 24 travel expenses pursuant to s. 112.061, Florida Statutes. 25 Agencies shall provide reimbursement for per diem and travel 26 expenses for their representatives. 27 (e) The coordinating council shall appoint an 28 executive director who shall serve under the direction, 29 supervision, and control of the coordinating council. 30 Preference shall be provided to an individual who is deaf or 31 hard of hearing who meets all qualifications for the position. 5 2:54 PM 04/21/04 s0206c2c-13t02
SENATE AMENDMENT Bill No. CS for CS for SB 206 Amendment No. ___ Barcode 240368 1 The executive director shall employ such personnel as may be 2 necessary to perform adequately the functions of the 3 coordinating council within budgetary limitations. All 4 employees are exempt from the Career Service System. 5 (4) POWERS AND DUTIES.--The coordinating council is 6 found to be necessary to further the public purpose of 7 facilitating the independence, health and safety, 8 socialization, education, employment, well-being, civil 9 rights, and quality of life of individuals who are deaf or 10 hard of hearing. To this end: 11 (a) The coordinating council shall: 12 1. Work to ensure more efficient coordination and 13 collaboration among public and nonprofit organizations that 14 provide social and educational services to individuals who are 15 deaf or hard of hearing. 16 2. Develop and implement a statewide program of 17 advocacy and education to ensure continuity of services to 18 individuals who are deaf or hard of hearing. 19 3. Make available and provide an educational and 20 information program through printed materials, workshop and 21 training sessions, presentations, demonstrations, and public 22 awareness events about hearing loss for citizens in the state 23 and for public and private entities. The program shall 24 include, but not be limited to, information concerning 25 referral services, service and resource availability, 26 interpreter and communication access realtime translation 27 services, accessibility and accommodation issues, assistive 28 technology, empowerment issues, obligations of service 29 providers and employers, educational options, and current 30 federal and state statutes, rules, regulations, and policies 31 regarding hearing loss. 6 2:54 PM 04/21/04 s0206c2c-13t02
SENATE AMENDMENT Bill No. CS for CS for SB 206 Amendment No. ___ Barcode 240368 1 4. Where gaps in service exist, provide direct 2 services to individuals who are deaf or hard of hearing, 3 including communication access, information and referral 4 services, advocacy services, education and training to the 5 public and private sector, and services to elderly individuals 6 who are deaf or hard of hearing. 7 5. Maintain a registry of available qualified 8 interpreters and communication access realtime translation 9 providers for individuals who are deaf or hard of hearing by 10 updating the registry at least quarterly and making the 11 registry available to interested persons. 12 6. Review state agencies to determine if they are in 13 compliance with accessibility standards as they relate to 14 services for the deaf or hard of hearing. 15 7. Review the feasibility of and necessity for 16 regulation of interpreters and, if found to be feasible and 17 advantageous, recommend standards for licensure. The 18 coordinating council shall submit a report to the Governor, 19 the President of the Senate, and the Speaker of the House of 20 Representatives by January 1, 2006, describing its findings 21 and recommendations. 22 8. Provide information and technical assistance to the 23 Legislature. 24 9. Provide technical assistance to state agencies. 25 10. Conduct public hearings and receive testimony on 26 behalf of the state. 27 11. Secure assistance from all state departments and 28 agencies in order to avail itself of expertise at minimal 29 cost. 30 12. Obtain information and assistance from the state 31 or any political subdivision, municipal corporation, or 7 2:54 PM 04/21/04 s0206c2c-13t02
SENATE AMENDMENT Bill No. CS for CS for SB 206 Amendment No. ___ Barcode 240368 1 governmental department or agency, or public officer thereof. 2 All executive branch state agencies are instructed, and all 3 other state agencies are requested, to cooperate with the 4 coordinating council in accomplishing its duties. 5 13. Submit an annual report to the Governor, the 6 President of the Senate, and the Speaker of the House of 7 Representatives by July 1 of each year beginning July 2005. 8 14. Maintain an office in Tallahassee and regional 9 offices in other parts of the state. 10 15. Provide recommendations to other state entities on 11 compliance with accessibility issues as they relate to deaf or 12 hard of hearing individuals and file reports with such 13 entities when their services are not accessible to the deaf or 14 the hard of hearing citizens of the state. 15 16. Develop and implement bylaws and policies. 16 (b) The coordinating council may: 17 1. Appoint one or more advisory committees to consult 18 with and advise the coordinating council. 19 2. Accept gifts, grants, and donations of funds, 20 services, personal property, or real property for use in 21 expanding and improving services to individuals in this state 22 who are deaf or hard of hearing. 23 3. Contract with or provide grants to agencies, 24 organizations, or individuals as necessary to implement this 25 section. 26 27 This subsection does not extend the duties or responsibilities 28 of the coordinating council to any program, service, or 29 activity that is subject to the jurisdiction or oversight of 30 the Florida Public Service Commission or that is subject to 31 regulation under part I of chapter 468, Florida Statutes, or 8 2:54 PM 04/21/04 s0206c2c-13t02
SENATE AMENDMENT Bill No. CS for CS for SB 206 Amendment No. ___ Barcode 240368 1 part II of chapter 484, Florida Statutes. 2 (5) RULEMAKING.--The Department of Health may adopt 3 rules, pursuant to ss. 120.536(1) and 120.54, Florida 4 Statutes, as necessary to implement the provisions of this 5 section. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 1, lines 2-10, delete those lines 13 14 and insert: 15 An act relating to the Florida Coordinating 16 Council for the Deaf and the Hard of Hearing; 17 creating the Florida Coordinating Council for 18 the Deaf and the Hard of Hearing; providing 19 definitions; assigning the coordinating council 20 to the Office of the Secretary of Health for 21 administrative and fiscal accountability 22 purposes; requiring the coordinating council to 23 adopt a budget; providing coordinating council 24 membership, terms of office, meeting 25 requirements, and grounds for removal from 26 office; requiring training as a condition of 27 membership; providing for appointment of an 28 executive director; providing coordinating 29 council powers and duties, including submission 30 of annual reports; providing for rulemaking; 31 providing an effective date. 9 2:54 PM 04/21/04 s0206c2c-13t02