Bill Text: FL S0658 | 2015 | Regular Session | Introduced
Bill Title: Interpreters for Individuals Who are Deaf or Hard of Hearing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Regulated Industries [S0658 Detail]
Download: Florida-2015-S0658-Introduced.html
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:
71 468.861 Purpose.—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:
77 468.8611 Definitions.—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:
124 468.8612 Board 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:
176 468.8613 License; 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:
332 468.8614 Interpreting 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:
352 468.8615 Inactive 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:
395 468.8616 Fees.—
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:
451 468.8617 Prohibitions; 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:
480 468.8618 Unregulated 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:
491 468.8619 Applicability.—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:
519 468.862 Rulemaking.—
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.
