Florida Senate - 2015                                     SB 658
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00244C-15                                           2015658__
    1                        A bill to be entitled                      
    2         An act relating to interpreters for individuals who
    3         are deaf or hard of hearing; providing a directive to
    4         the Division of Law Revision and Information; creating
    5         s. 468.861, F.S.; providing a purpose; creating s.
    6         468.8611, F.S.; defining terms; creating s. 468.8612,
    7         F.S.; creating the Board of Interpreters for the Deaf
    8         and Hard of Hearing; providing board membership and
    9         terms; providing that ch. 455, F.S., relating to the
   10         activities of a board, applies to board members;
   11         creating s. 468.8613, F.S.; requiring an interpreter
   12         to apply for a license or permit within a specified
   13         timeframe; requiring the Department of Business and
   14         Professional Regulation to issue an initial license,
   15         permit, or provisional permit to an applicant who
   16         meets certain criteria; requiring licensees and
   17         permitholders to provide proof of the completion of
   18         specified continuing education requirements; requiring
   19         the department to issue a license, permit, or
   20         provisional permit to a holder of an active license or
   21         permit issued by another state or territory under
   22         certain circumstances; requiring background checks on
   23         an applicant for initial issuance of a license or
   24         permit; prohibiting the department from denying a
   25         license or permit to an applicant under certain
   26         circumstances; requiring the department to issue
   27         renewals of licenses and permits under certain
   28         circumstances; creating s. 468.8614, F.S.; requiring
   29         an interpreting agency to register with the
   30         department; providing application requirements;
   31         creating s. 468.8615, F.S.; requiring an individual to
   32         have an active license or permit to serve as an
   33         interpreter; providing penalties; requiring an
   34         individual to elect active or inactive status at the
   35         time of license or permit renewal; requiring an
   36         individual to take certain actions in order to elect
   37         inactive status; authorizing the board to discipline
   38         an individual for an act or omission; directing the
   39         board to send notices to a licensee or permitholder
   40         before the expiration or cancellation of a license or
   41         permit; creating s. 468.8616, F.S.; requiring the
   42         department to charge fees; authorizing the board to
   43         earmark a specific amount from such fees for certain
   44         purposes; requiring that all moneys collected by the
   45         department from such fees be deposited into the
   46         Professional Regulation Trust Fund; authorizing the
   47         Legislature to appropriate any excess moneys from the
   48         trust fund to the General Revenue Fund; requiring the
   49         department to submit a proposed budget; creating s.
   50         468.8617, F.S.; prohibiting certain actions by
   51         individuals and entities; providing penalties;
   52         creating s. 468.8618, F.S.; authorizing the department
   53         to issue and deliver a notice to cease and desist in
   54         certain circumstances; creating s. 468.8619, F.S.;
   55         providing applicability; creating s. 468.862, F.S.;
   56         requiring the board and the department to adopt rules;
   57         providing guidelines for the department rules;
   58         amending s. 20.165, F.S.; providing that the board is
   59         established within the Division of Professions;
   60         conforming a provision to a change made by the act;
   61         providing an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. The Division of Law Revision and Information is
   66  directed to create part XVII of chapter 468, Florida Statutes,
   67  consisting of ss. 468.861-468.862, Florida Statutes, to be
   68  entitled “Interpreters for the Deaf and Hard of Hearing.”
   69         Section 2. Section 468.861, Florida Statutes, is created to
   70  read:
   71         468.861Purpose.—The Legislature finds it necessary and in
   72  the best interest of the public health, safety, and welfare to
   73  regulate the profession of interpreters for individuals who are
   74  deaf or hard of hearing.
   75         Section 3. Section 468.8611, Florida Statutes, is created
   76  to read:
   77         468.8611Definitions.—As used in this part, the term:
   78         (1)“Board” means the Board of Interpreters for the Deaf
   79  and Hard of Hearing.
   80         (2) “Deaf interpreter” means an individual who is deaf or
   81  hard of hearing and who may be certified as an interpreter by
   82  the national Registry of Interpreters for the Deaf. A deaf
   83  interpreter may be needed when a deaf or hard of hearing client
   84  has a mode of communication that is so unique that it cannot be
   85  adequately addressed by an interpreter who is not also deaf or
   86  hard of hearing.
   87         (3) “Deaf or hard of hearing” means having a documented
   88  hearing loss, and includes all of the following terms:
   89         (a) “Deaf,” which means having a severe and documented
   90  hearing loss that prevents an individual from processing speech
   91  and language through hearing, with or without amplification, and
   92  may require the individual to use sign language or other modes
   93  of communication to communicate with other individuals.
   94         (b) “Deaf-blind,” which means having a combined loss of
   95  vision and hearing which prevents an individual from using
   96  vision and hearing as a primary source for accessing information
   97  and for communicating with other individuals.
   98         (c) “Hard of hearing,” which means having a hearing loss or
   99  other auditory disabling conditions that may require an
  100  individual to use visual methods or assistive listening devices
  101  to communicate with other individuals.
  102         (d) “Oral deaf,” which means being deaf or hard of hearing
  103  but able to use oral speech to communicate with other
  104  individuals.
  105         (4) “Department” means the Department of Business and
  106  Professional Regulation.
  107         (5) “Interpreter” means an individual who provides, either
  108  face-to-face or remotely via video technology, language
  109  equivalency between a hearing individual and an individual who
  110  is deaf or hard of hearing.
  111         (6) “Interpreting agency” means an entity that provides
  112  qualified interpreter services and employs or contracts with
  113  qualified interpreters.
  114         (7) “Resident” means an individual who has a principal
  115  place of domicile in this state.
  116         (8) “Sign language” means a continuum of visual-gestural
  117  language and communication systems that employ manual signs made
  118  with the hands and other movements, including facial expressions
  119  and postures of the body. The term includes, but is not limited
  120  to, American Sign Language, Signing Exact English, or other
  121  visual communication methods.
  122         Section 4. Section 468.8612, Florida Statutes, is created
  123  to read:
  124         468.8612Board of Interpreters for the Deaf and Hard of
  125  Hearing.—
  126         (1) The Board of Interpreters for the Deaf and Hard of
  127  Hearing is created within the department. Members shall be
  128  appointed by the Governor upon recommendation of the Florida
  129  Registry of Interpreters for the Deaf and the Florida
  130  Association of the Deaf, subject to confirmation by the Senate.
  131  After the initial appointments of the board, each subsequent
  132  appointment of a member shall be for a 4-year term. A vacancy on
  133  the board shall be filled for the remaining portion of the term
  134  in the same manner as the original appointment. A member may not
  135  serve more than two consecutive 4-year terms or more than 11
  136  years total on the board.
  137         (2) The board shall consist of the following 11 members:
  138         (a) Six individuals primarily engaged in business as sign
  139  language interpreters, at least one of whom is an educational
  140  interpreter, at least one of whom is an interpreter who works
  141  via remote video technology, and at least one of whom is deaf.
  142         (b) Three deaf or hard-of-hearing individuals who are not,
  143  and have never been, members or practitioners of a profession
  144  regulated by the board.
  145         (c) One individual primarily engaged in business as an
  146  interpreting agency representative.
  147         (d) One individual who is not, and has never been, a member
  148  or practitioner of a profession regulated by the board and who
  149  does not meet the qualifications in paragraph (a), paragraph
  150  (b), or paragraph (c).
  151         (3) To achieve staggered terms, the initial appointments
  152  shall be as follows:
  153         (a) One member appointed under paragraph (2)(b), the member
  154  appointed under paragraph (2)(c), and the member appointed under
  155  paragraph (2)(d), for initial 2-year terms.
  156         (b) Two members appointed under paragraph (2)(a) and two
  157  members appointed under paragraph (2)(b), for initial 3-year
  158  terms.
  159         (c) Four members appointed under paragraph (2)(a) for
  160  initial 4-year terms.
  161         (4) To be eligible to serve, each member who is an
  162  interpreter must be licensed or have been issued a permit by the
  163  department to operate as an interpreter in the category under
  164  which the member is appointed, be actively practicing in the
  165  profession, and have been practicing for at least 5 consecutive
  166  years before the date of appointment. Each appointee must be a
  167  resident. The initial board appointees are exempt from the
  168  requirement that they hold a license or permit before
  169  appointment, but must be actively practicing in the profession
  170  and have been practicing for at least 5 consecutive years before
  171  the date of appointment.
  172         (5) The provisions of chapter 455 relating to activities of
  173  a board apply to the board members.
  174         Section 5. Section 468.8613, Florida Statutes, is created
  175  to read:
  176         468.8613License; permit; continuing education.
  177         (1) Effective May 1, 2016, an individual may not interpret
  178  for the deaf or hard of hearing in this state without first
  179  receiving a license or permit under this section. All
  180  interpreters must submit an application to the department for a
  181  license, a permit, or a provisional permit within 90 days after
  182  the effective date of this act.
  183         (2)The department shall, upon receipt of the applicable
  184  fee and proof of credentials, issue an initial license, an
  185  initial permit, or an initial provisional permit to an
  186  individual who is at least 18 years of age, has a high school
  187  diploma or equivalent, and meets the following requirements:
  188         (a)License.—A license indicates that the licenseholder is
  189  considered to meet or exceed minimum qualifications as an
  190  interpreter for the deaf or hard of hearing. A license may be
  191  renewed every 2 years with no limit on the number of renewals.
  192  Licensees must provide proof, in the form established by the
  193  department subject to chapter 455, that the licensee has
  194  completed at least 40 hours of continuing education for each 2
  195  year license period. At least 30 hours of the 40-hour
  196  requirement must be related to the profession of interpreting.
  197  Licensees also must comply with standards relating to continuing
  198  education methods, categories, and sponsors established by the
  199  national Registry of Interpreters for the Deaf. Continuing
  200  education requirements may be prorated for new licensees as
  201  provided in s. 455.2124.
  202         1. Generalist license.An interpreter who holds a valid
  203  generalist license may work in all community or educational
  204  settings. To qualify for an initial generalist license, an
  205  applicant must receive:
  206         a. A certification, other than a K-12 education
  207  certification, from the national Registry of Interpreters for
  208  the Deaf; or
  209         b. Other equivalent interpreter credentials as determined
  210  by the board.
  211         2. Educational license.—An interpreter who holds a valid
  212  educational license is limited to working in K-12 educational
  213  settings and at official school-sponsored activities. To qualify
  214  for an initial educational license, an applicant must receive:
  215         a. A passing score on the Educational Interpreter
  216  Performance Assessment written test and a 4.0-5.0 on the
  217  Educational Interpreter Performance Assessment performance test;
  218  or
  219         b. A K-12 educational certification from the national
  220  Registry of Interpreters for the Deaf.
  221         (b)Permit.—A permit indicates that the permitholder is
  222  progressing toward becoming a qualified, licensed interpreter
  223  for the deaf or hard of hearing. A permit may be renewed once
  224  for a total of 4 years. Permitholders must provide proof, in the
  225  form established by the department subject to chapter 455, that
  226  the permitholder has completed at least 40 hours of continuing
  227  education for each 2-year permit period. At least 30 hours of
  228  the 40-hour requirement must be related to the profession of
  229  interpreting. Permitholders also must comply with standards
  230  relating to continuing education methods, categories, and
  231  sponsors established by the national Registry of Interpreters
  232  for the Deaf. Continuing education requirements may be prorated
  233  for new permitholders according to s. 455.2124.
  234         1. Generalist permit.—An interpreter who holds a valid
  235  generalist permit may work in any community or educational
  236  setting according to his or her level of skill. To qualify for
  237  an initial generalist permit, an applicant must receive:
  238         a. A Quality Assurance Screening level 1, level 2, or level
  239  3 by the Florida Registry of Interpreters for the Deaf;
  240         b. A degree from an interpreter educational program at an
  241  accredited educational institution or an educational equivalency
  242  application approved by the national Registry of Interpreters
  243  for the Deaf, and a passing score on the National Interpreter
  244  Certification knowledge exam;
  245         c. Twenty documented hours of interpreter training, 16 of
  246  which must be interpreter skill development; a rating of
  247  “Superior” or “Advanced Plus” on the Sign Communication
  248  Proficiency Interview or a level 4 or higher on the American
  249  Sign Language Proficiency Interview; and a passing score on the
  250  National Interpreter Certification knowledge exam; or
  251         d. Other equivalent interpreter credentials as determined
  252  by the board.
  253         2. Generalist permit for deaf interpreters.—A deaf
  254  interpreter who holds a valid generalist permit for deaf
  255  interpreters may work in any community or educational setting
  256  according to his or her level of skill. To qualify for an
  257  initial generalist permit, an applicant who is deaf must
  258  receive:
  259         a. A passing score on the Certified Deaf Interpreter
  260  written exam of the national Registry of Interpreters for the
  261  Deaf, and a rating of “Superior” or “Advanced Plus” on the Sign
  262  Communication Proficiency Interview or level 4 or higher on the
  263  American Sign Language Proficiency Interview;
  264         b. Twenty documented hours of interpreter training, 16 of
  265  which must be specific to the Certified Deaf Interpreter exam of
  266  the national Registry of Interpreters for the Deaf, and a rating
  267  of “Superior” or “Advanced Plus” on the Sign Communication
  268  Proficiency Interview or a level 4 or higher on the American
  269  Sign Language Proficiency Interview; or
  270         c. Other equivalent interpreter credentials as determined
  271  by the board.
  272         3.Educational permit.—An interpreter who holds a valid
  273  educational permit is limited to working in K-12 educational
  274  settings and at official school-sponsored activities according
  275  to his or her level of skill. To qualify for an initial
  276  educational permit, an applicant must receive:
  277         a.An Educational Interpreter Evaluation level I, level II,
  278  or level III by the Florida Registry of Interpreters for the
  279  Deaf;
  280         b.A passing score on the Educational Interpreter
  281  Performance Assessment written test and a 3.0-3.9 on the
  282  Educational Interpreter Performance Assessment performance test;
  283  or
  284         c.A degree from an interpreter education program at an
  285  accredited educational institution or an educational equivalency
  286  application approved by the national Registry of Interpreters
  287  for the Deaf, and a passing score on the Educational Interpreter
  288  Performance Assessment written test.
  289         (c) Provisional permit.—A provisional permit is intended to
  290  allow those individuals working as interpreters at the time of
  291  the effective date of this act to have sufficient time to gain
  292  appropriate credentials and qualify for a license or permit.
  293  Upon receipt of a completed application and the appropriate fee,
  294  the department shall issue a nonrenewable provisional permit to
  295  an interpreter who does not otherwise meet the requirements for
  296  a license or permit and is primarily employed as an interpreter
  297  upon the effective date of this act or has completed at least
  298  100 hours of documented employment as an interpreter in the 12
  299  months immediately preceding the effective date of this act. The
  300  provisional permit is valid for 2 years and may not be renewed.
  301  An applicant who wishes to obtain a provisional permit must
  302  apply within 90 days after the effective date of this act.
  303         (3)The department shall issue an initial license or
  304  initial permit to an applicant who is at least 18 years of age,
  305  has a high school diploma or equivalent, and holds an active
  306  license or permit issued by another state or territory of the
  307  United States to practice as an interpreter for the deaf or hard
  308  of hearing if:
  309         (a) The criteria for issuance in that state or territory
  310  are substantially equivalent to those for a license or permit
  311  issued under this part; or
  312         (b) That state or territory has a reciprocal agreement with
  313  the board for the recognition of a license or permit issued for
  314  interpreters for the deaf or hard of hearing.
  315         (4)(a) An applicant for initial issuance of a license or
  316  permit must submit to a criminal history record check and
  317  fingerprinting pursuant to s. 455.213.
  318         (b)If an applicant has been convicted of a felony, the
  319  department may deny the application based upon the severity of
  320  the crime, the relationship of the crime to interpreting, or the
  321  potential for public harm. When determining whether to approve
  322  or deny a license or permit, the department shall also consider
  323  the length of time since the commission of the crime and the
  324  rehabilitation of the applicant. The department may not deny a
  325  license or permit to an applicant based solely on a felony
  326  conviction or the applicant’s failure to provide proof of
  327  restoration of civil rights.
  328         (5) The department shall issue license and permit renewals
  329  pursuant to s. 455.213.
  330         Section 6. Section 468.8614, Florida Statutes, is created
  331  to read:
  332         468.8614Interpreting agency registration.—
  333         (1) Effective May 1, 2016, an interpreting agency may not
  334  operate until it is registered with the department.
  335         (2) An applicant for registration as an interpreting agency
  336  in this state must submit to the department on forms provided by
  337  the department a registration application accompanied by any
  338  relevant information requested by the department and the
  339  application fee.
  340         (3) An applicant for registration as an interpreting agency
  341  which has submitted a registration application, all relevant
  342  information requested by the department, the application fee,
  343  and all other fees required by this chapter may coordinate
  344  interpreter services, pending approval of its registration
  345  application.
  346         (4) The department may register the applicant as an
  347  interpreting agency upon receipt of the completed registration
  348  application forms, all relevant information that the department
  349  has requested, and the application fee.
  350         Section 7. Section 468.8615, Florida Statutes, is created
  351  to read:
  352         468.8615Inactive and delinquent status; renewal and
  353  cancellation notices.—
  354         (1) Effective May 1, 2016, an individual may not serve as
  355  an interpreter for the deaf or hard of hearing unless he or she
  356  holds an active license or permit issued under s. 468.8613. An
  357  individual who interprets without an active license or permit is
  358  subject to penalties as provided in s. 468.8617.
  359         (2) At the time of licensure or permit renewal, a licensee
  360  or permitholder shall elect active or inactive status. A
  361  licensee or permitholder who elects inactive status must
  362  complete the required application forms and pay the required
  363  fees.
  364         (3) The holder of an inactive license or inactive permit
  365  may convert the license or permit to active status at any time
  366  if he or she meets the requirements for active status, pays any
  367  additional fees necessary to equal the fees imposed on an active
  368  status licensee or permitholder, pays any applicable late fees,
  369  and meets one renewal cycle of all continuing education
  370  requirements that the board prescribes for active status. The
  371  department may not require the holder of an inactive license or
  372  inactive permit to complete more than one renewal cycle of
  373  continuing education in order to reactivate the license or
  374  permit.
  375         (4) If a licensee or permitholder does not renew an active
  376  or inactive license before its expiration, he or she must apply
  377  with a completed application, as determined by the department,
  378  for reinstatement of active or inactive status within 2 years
  379  after the date of expiration. Failure by a licensee or
  380  permitholder to restore active or inactive status before the end
  381  of the 2 years following the expiration of the license or permit
  382  renders the license or permit void, and any subsequent attempt
  383  to obtain a license or permit shall be treated as an initial
  384  application.
  385         (5) The board may discipline a licensee or permitholder for
  386  an act or omission in the scope of employment.
  387         (6) The department shall send to the licensee or
  388  permitholder at his or her address the following:
  389         (a) A renewal notice, at least 60 days before the
  390  expiration of the license or permit.
  391         (b) A pending cancellation notice, if the license or permit
  392  has expired.
  393         Section 8. Section 468.8616, Florida Statutes, is created
  394  to read:
  395         468.8616Fees.—
  396         (1) The department shall charge a fee for an initial
  397  license or initial permit, an initial license or initial permit
  398  application, a license or permit renewal, a license or permit
  399  renewal application, an interpreting agency registration
  400  application, and the recordmaking and recordkeeping associated
  401  with these applications and registrations as provided under s.
  402  455.219.
  403         (a) The application fees may not exceed $200.
  404         (b) The initial license fee or initial permit fee may not
  405  exceed $400.
  406         (c) The renewal fee may not exceed $400.
  407         (d) The department shall impose a fee for renewal of an
  408  inactive license or permit to maintain inactive status, which
  409  may not exceed $100.
  410         (e) If a licensee, permitholder, or interpreting agency
  411  applies for a license or permit renewal, regardless of whether
  412  active or inactive status is elected, after the expiration of
  413  the license or permit, the department shall impose on the
  414  applicant:
  415         1.A late fee; and
  416         2.An additional fee that does not exceed the applicable
  417  renewal fee and that reasonably reflects the costs of processing
  418  a request to change a status at a time other than the expiration
  419  of a license or permit.
  420         (f) The department shall establish fees that are adequate
  421  to ensure the continued operation of the board in accordance
  422  with s. 455.204.
  423         (2) In addition to the initial application fees and renewal
  424  application fees imposed under subsection (1), a fee of $5 shall
  425  be assessed by the department at the time of initial application
  426  or renewal which shall be used to fund projects relating to
  427  interpreting for the deaf or hard of hearing or to continuing
  428  education programs offered to interpreters for the deaf or hard
  429  of hearing in this state. The board, with concurrence of the
  430  department, may earmark $5 of the current licensure or
  431  permitting fee for this purpose if the board is not in a deficit
  432  and has a reasonable cash balance. At the time the funds are
  433  transferred, the board shall advise the department on the most
  434  needed areas of research or continuing education, based on
  435  significant changes in industry practices or this part or on the
  436  most common types of consumer complaints. The board’s advice is
  437  not binding on the department. The department shall report to
  438  the board in October of each year, summarizing the allocation of
  439  the funds by institution and summarizing the new projects funded
  440  and the status of previously funded projects.
  441         (3) All moneys collected by the department from fees
  442  authorized under this chapter shall be deposited into the
  443  Professional Regulation Trust Fund and shall be applied in
  444  accordance with ss. 215.37 and 455.219. The Legislature may
  445  appropriate any excess moneys from this fund to the General
  446  Revenue Fund.
  447         (4) The department, with the advice of the board, shall
  448  prepare and submit a proposed budget in accordance with law.
  449         Section 9. Section 468.8617, Florida Statutes, is created
  450  to read:
  451         468.8617Prohibitions; penalties.—
  452         (1) A person may not:
  453         (a)Engage in the practice of interpreting without an
  454  active license or permit issued by the department pursuant to
  455  this chapter.
  456         (b)Own, operate, maintain, open, establish, conduct, or
  457  have charge of, alone or with another individual, an
  458  interpreting agency that is not registered under this chapter or
  459  in which an individual who does not have a valid license or
  460  permit performs interpreting services.
  461         (c)Use public funds to employ or contract with
  462  interpreters who do not hold a valid license or permit issued
  463  under this part.
  464         (d)Obtain or attempt to obtain a license, permit, or
  465  registration through an offer of money, other than the required
  466  fee, or any other thing of value or by fraudulent
  467  misrepresentation.
  468         (e)Use or attempt to use a license or permit that has been
  469  suspended or revoked to perform interpreting services.
  470         (2)When the board finds any licensee or permitholder
  471  guilty of the grounds specified in s. 455.227(1), except
  472  paragraph (1)(d) or paragraph (1)(e), or of any grounds
  473  specified in this part, including a violation of this part which
  474  occurred before obtaining a license or permit, the board may
  475  enter an order imposing one or more of the penalties in s.
  476  455.227(2) and recover the costs associated with investigation
  477  and prosecution as provided under s. 455.227(3).
  478         Section 10. Section 468.8618, Florida Statutes, is created
  479  to read:
  480         468.8618Unregulated practice of interpreter or
  481  interpreting agency; cease and desist notice.—When the
  482  department has probable cause to believe that an individual who
  483  is not licensed or permitted by the department or an
  484  interpreting agency that is not registered by the department has
  485  violated any provision of this chapter, or any rule adopted
  486  pursuant to this chapter, the department may issue and deliver
  487  to the individual or the interpreting agency a notice to cease
  488  and desist from the violation in accordance with s. 455.228.
  489         Section 11. Section 468.8619, Florida Statutes, is created
  490  to read:
  491         468.8619Applicability.—This part does not apply to:
  492         (1) A student or intern who is completing his or her
  493  required practicum hours and is practicing under the direction
  494  of an interpreter who holds a valid license or permit.
  495         (2) An individual interpreting to or from foreign sign or
  496  foreign spoken languages for which a national certification exam
  497  does not exist.
  498         (3) An individual who interprets only in religious services
  499  or events.
  500         (4) An individual who interprets in informal settings
  501  between family and friends.
  502         (5) An appointing authority, pursuant to s. 395.1041, which
  503  uses an unlicensed interpreter who does not meet the
  504  requirements of this part in an emergency situation if:
  505         (a) The decision was made in the best medical or legal
  506  judgment of the appointing authority;
  507         (b) A life-threatening emergency situation exists; and
  508         (c) All reasonable efforts have been exhausted by the
  509  appointing authority to locate a licensed interpreter from
  510  within a 60-mile radius, and documentation to that effect is
  511  provided to the department upon request.
  512         (6) An individual during a state or national emergency if
  513  the individual is facilitating communication between a first
  514  responder and an individual who is deaf or hard of hearing until
  515  an interpreter holding a valid license or permit is found.
  516         (7) Other situations as determined by the board.
  517         Section 12. Section 468.862, Florida Statutes, is created
  518  to read:
  519         468.862Rulemaking.—
  520         (1) The board shall adopt rules to administer the
  521  provisions of this part which confer duties upon it.
  522         (2) The department shall adopt rules to administer the
  523  provisions of this chapter which confer duties upon it. The
  524  rules must include, but are not limited to, rules that:
  525         (a)Specify the procedures for the registration of
  526  interpreting agencies that have been registered or licensed and
  527  are practicing in another state that has registration or license
  528  standards substantially similar to, equivalent to, or more
  529  stringent than the standards of this state.
  530         (b)Govern the registration and operation of interpreting
  531  agencies and the registration application and approval process.
  532         (c) Govern the process for renewal of registration for
  533  interpreting agencies.
  534         Section 13. Paragraph (a) of subsection (4) and subsection
  535  (5) of section 20.165, Florida Statutes, are amended to read:
  536         20.165 Department of Business and Professional Regulation.
  537  There is created a Department of Business and Professional
  538  Regulation.
  539         (4)(a) The following boards and programs are established
  540  within the Division of Professions:
  541         1. Board of Architecture and Interior Design, created under
  542  part I of chapter 481.
  543         2. Florida Board of Auctioneers, created under part VI of
  544  chapter 468.
  545         3. Barbers’ Board, created under chapter 476.
  546         4. Florida Building Code Administrators and Inspectors
  547  Board, created under part XII of chapter 468.
  548         5. Construction Industry Licensing Board, created under
  549  part I of chapter 489.
  550         6. Board of Cosmetology, created under chapter 477.
  551         7. Electrical Contractors’ Licensing Board, created under
  552  part II of chapter 489.
  553         8. Board of Employee Leasing Companies, created under part
  554  XI of chapter 468.
  555         9. Board of Landscape Architecture, created under part II
  556  of chapter 481.
  557         10. Board of Pilot Commissioners, created under chapter
  558  310.
  559         11. Board of Professional Engineers, created under chapter
  560  471.
  561         12. Board of Professional Geologists, created under chapter
  562  492.
  563         13. Board of Veterinary Medicine, created under chapter
  564  474.
  565         14. Home inspection services licensing program, created
  566  under part XV of chapter 468.
  567         15. Mold-related services licensing program, created under
  568  part XVI of chapter 468.
  569         16. Board of Interpreters for the Deaf and Hard of Hearing,
  570  created under part XVII of chapter 468.
  571         (5) The members of each board established pursuant to
  572  subsection (4) shall be appointed by the Governor, subject to
  573  confirmation by the Senate. Consumer members on the board shall
  574  be appointed pursuant to subsection (6). After the initial
  575  appointments of the board, each subsequent appointment members
  576  shall be appointed for 4-year terms, and such terms shall expire
  577  on October 31. However, a term of less than 4 years may be
  578  utilized to ensure that:
  579         (a) No more than two members’ terms expire during the same
  580  calendar year for boards consisting of seven or eight members.
  581         (b) No more than 3 members’ terms expire during the same
  582  calendar year for boards consisting of 9 to 12 members.
  583         (c) No more than 5 members’ terms expire during the same
  584  calendar year for boards consisting of 13 or more members.
  585  
  586         A member whose term has expired shall continue to serve on
  587  the board until such time as a replacement is appointed. A
  588  vacancy on the board shall be filled for the unexpired portion
  589  of the term in the same manner as the original appointment. No
  590  member may serve for more than the remaining portion of a
  591  previous member’s unexpired term, plus two consecutive 4-year
  592  terms of the member’s own appointment thereafter.
  593         Section 14. This act shall take effect February 1, 2016.