(1) The Legislature finds that it is an important concern that the rights of deaf citizens be protected. It is the intent of the Legislature to ensure that appropriate and effective interpreter services be made available to Florida’s deaf citizens.
(2) In all judicial proceedings and in sessions of a grand jury wherein a deaf person is a complainant, defendant, witness, or otherwise a party, or wherein a deaf person is a juror or grand juror, the court or presiding officer shall appoint a qualified interpreter to interpret the proceedings or deliberations to the deaf person and to interpret the deaf person’s testimony, statements, or deliberations to the court, jury, or grand jury. A qualified interpreter shall be appointed, or other auxiliary aid provided as appropriate, for the duration of the trial or other proceeding in which a deaf juror or grand juror is seated.
(3)(a) “Deaf person” means any person whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal, conversational tone.
(b) For the purposes of this section, the term “qualified interpreter” means an interpreter certified by the National Registry of Interpreters for the Deaf or the Florida Registry of Interpreters for the Deaf or an interpreter whose qualifications are otherwise determined by the appointing authority.
(4) Every deaf person whose appearance before a proceeding entitles him or her to an interpreter shall notify the appointing authority of his or her disability not less than 5 days prior to any appearance and shall request at such time the services of an interpreter. Whenever a deaf person receives notification of the time of an appearance before a proceeding less than 5 days prior to the proceeding, the deaf person shall provide his or her notification and request as soon thereafter as practicable. In any case, nothing in this subsection shall operate to relieve an appointing authority’s duty to provide an interpreter for a deaf person so entitled, and failure to strictly comply with the notice requirement will not be deemed a waiver of the right to an interpreter. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the person’s disability when the appointing authority has reason to believe that the person is not so disabled.
(5) The appointing authority may channel requests for qualified interpreters through:
(a) The Florida Registry of Interpreters for the Deaf;
(b) The Division of Vocational Rehabilitation of the Department of Education; or
(c) Any other resource wherein the appointing authority knows that qualified interpreters can be found.
(6) No qualified interpreter shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to communicate readily with the deaf person and is able to repeat and translate statements to and from the deaf person accurately.
(7) Before a qualified interpreter may participate in any proceedings subsequent to an appointment under the provisions of this act, such interpreter shall make an oath or affirmation that he or she will make a true interpretation in an understandable manner to the deaf person for whom the interpreter is appointed and that he or she will repeat the statements of the deaf person in the English language to the best of his or her skill and judgment. Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and the recipient of the communication could not be compelled to testify as to the communication, this privilege shall apply to the interpreter.
(8) An interpreter appointed by the court in a criminal matter or in a civil matter shall be entitled to a reasonable fee for such service, in addition to actual expenses for travel, to be paid out of general county funds.
History.—ss. 1, 2, 3, 4, 5, 7, 8, 9, ch. 80-155; s. 42, ch. 81-259; s. 1, ch. 90-123; s. 2, ch. 93-125; s. 486, ch. 95-147; s. 6, ch. 99-8; s. 18, ch. 2002-22.
Structure Florida Statutes
90.103 - Scope; Applicability.
90.105 - Preliminary Questions.
90.106 - Summing Up and Comment by Judge.
90.107 - Limited Admissibility.
90.108 - Introduction of Related Writings or Recorded Statements.
90.201 - Matters Which Must Be Judicially Noticed.
90.202 - Matters Which May Be Judicially Noticed.
90.203 - Compulsory Judicial Notice Upon Request.
90.204 - Determination of Propriety of Judicial Notice and Nature of Matter Noticed.
90.205 - Denial of a Request for Judicial Notice.
90.206 - Instructing Jury on Judicial Notice.
90.207 - Judicial Notice by Trial Court in Subsequent Proceedings.
90.301 - Presumption Defined; Inferences.
90.302 - Classification of Rebuttable Presumptions.
90.303 - Presumption Affecting the Burden of Producing Evidence Defined.
90.304 - Presumption Affecting the Burden of Proof Defined.
90.401 - Definition of Relevant Evidence.
90.402 - Admissibility of Relevant Evidence.
90.4025 - Admissibility of Paternity Determination in Certain Criminal Prosecutions.
90.4026 - Statements Expressing Sympathy; Admissibility; Definitions.
90.403 - Exclusion on Grounds of Prejudice or Confusion.
90.404 - Character Evidence; When Admissible.
90.405 - Methods of Proving Character.
90.407 - Subsequent Remedial Measures.
90.408 - Compromise and Offers to Compromise.
90.409 - Payment of Medical and Similar Expenses.
90.410 - Offer to Plead Guilty; Nolo Contendere; Withdrawn Pleas of Guilty.
90.501 - Privileges Recognized Only as Provided.
90.5015 - Journalist’s Privilege.
90.502 - Lawyer-Client Privilege.
90.5021 - Fiduciary Lawyer-Client Privilege.
90.503 - Psychotherapist-Patient Privilege.
90.5035 - Sexual Assault Counselor-Victim Privilege.
90.5036 - Domestic Violence Advocate-Victim Privilege.
90.5037 - Human Trafficking Victim Advocate-Victim Privilege.
90.504 - Husband-Wife Privilege.
90.505 - Privilege With Respect to Communications to Clergy.
90.5055 - Accountant-Client Privilege.
90.506 - Privilege With Respect to Trade Secrets.
90.507 - Waiver of Privilege by Voluntary Disclosure.
90.508 - Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege.
90.509 - Application of Privileged Communication.
90.510 - Privileged Communication Necessary to Adverse Party.
90.601 - General Rule of Competency.
90.603 - Disqualification of Witness.
90.604 - Lack of Personal Knowledge.
90.605 - Oath or Affirmation of Witness.
90.606 - Interpreters and Translators.
90.6063 - Interpreter Services for Deaf Persons.
90.607 - Competency of Certain Persons as Witnesses.
90.609 - Character of Witness as Impeachment.
90.610 - Conviction of Certain Crimes as Impeachment.
90.611 - Religious Beliefs or Opinions.
90.612 - Mode and Order of Interrogation and Presentation.
90.613 - Refreshing the Memory of a Witness.
90.614 - Prior Statements of Witnesses.
90.615 - Calling Witnesses by the Court.
90.616 - Exclusion of Witnesses.
90.701 - Opinion Testimony of Lay Witnesses.
90.702 - Testimony by Experts.
90.703 - Opinion on Ultimate Issue.
90.704 - Basis of Opinion Testimony by Experts.
90.705 - Disclosure of Facts or Data Underlying Expert Opinion.
90.706 - Authoritativeness of Literature for Use in Cross-Examination.
90.801 - Hearsay; Definitions; Exceptions.
90.803 - Hearsay Exceptions; Availability of Declarant Immaterial.
90.804 - Hearsay Exceptions; Declarant Unavailable.
90.805 - Hearsay Within Hearsay.
90.806 - Attacking and Supporting Credibility of Declarant.
90.901 - Requirement of Authentication or Identification.
90.903 - Testimony of Subscribing Witness Unnecessary.
90.952 - Requirement of Originals.
90.953 - Admissibility of Duplicates.
90.954 - Admissibility of Other Evidence of Contents.