RULE 2.560. APPOINTMENT OF SPOKEN LANGUAGE COURT
INTERPRETERS FOR NON-ENGLISH-SPEAKING
AND LIMITED-ENGLISH-PROFICIENT PERSONS

(a) Definitions. When used in this rule, the following terms
shall have the meanings set forth below:

(1) Limited-English-Proficient Person. A person who is
unable to communicate effectively in English because the
individual’s primary language is not English and he or she has not
developed fluency in the English language. A person with limited
English proficiency may have difficulty speaking, reading, writing,
or understanding English.

(2) Proceeding. Any hearing or trial, excluding an
administrative hearing or trial, presided over by a judge, general
magistrate, special magistrate, or hearing officer within the state
courts.

(b) Criminal or Juvenile Delinquency Proceedings. The
court must appoint an interpreter in any criminal or juvenile
delinquency proceeding in which the accused, the parent or legal
guardian of the accused juvenile, the victim, or the alleged victim
cannot understand or has limited understanding of English or
cannot be sufficiently understood in English.

(c) Other Proceedings. The court must appoint an
interpreter in all other proceedings in which a non-English-
speaking or limited-English-proficient person is a litigant if the
court determines that the litigant’s inability to comprehend English
deprives the litigant of an understanding of the court proceedings,
that a fundamental interest is at stake (such as in a civil
commitment, termination of parental rights, paternity, or
dependency proceeding), and that no alternative to the appointment
of an interpreter exists.

(d) Witnesses. The applicable Florida Evidence Code
provisions govern appointment of an interpreter in any proceeding
in which a non-English-speaking or limited-English-proficient
person is a witness.

(e) Compliance with Title VI of the Civil Rights Act of
1964. In making determinations regarding the appointment of an
interpreter, the court should ensure compliance with the
requirements of Title VI of the Civil Rights Act of 1964.

(f) Qualifications of Interpreter.

(1) Appointment of Interpreters When Certified or Other
Duly Qualified Interpreters Are Available. The court should appoint a
certified or other duly qualified interpreter, as defined in the Rules
for Certification and Regulation of Spoken Language Court
Interpreters, whenever possible. Preference is given to appointment
of certified and language skilled interpreters, then to persons
holding a provisionally approved designation.

(2) Appointment of Interpreters When Certified or Other
Duly Qualified Interpreters Are Unavailable. A presiding judge,
magistrate, or hearing officer may appoint an interpreter who is
otherwise registered with the Office of the State Courts
Administrator in accordance with the Rules for Certification and
Regulation of Spoken Language Court Interpreters after a finding of
good cause after diligent search, a certified, language skilled, or
provisionally approved interpreter is not available. The presiding
judge, magistrate, or hearing officer must make a determination, on
the record, that the proposed interpreter is competent to interpret
in the proceedings before appointing the interpreter.
(3) Appointment in Exceptional Circumstances. The
presiding judge, magistrate, or hearing officer after finding good
cause may appoint an interpreter who is not certified, language
skilled, provisionally approved, or otherwise registered with the
Office of the State Courts Administrator if none are available after
diligent search. The presiding judge, magistrate, or hearing officer
must find the proposed interpreter is competent to interpret in the
proceedings before appointing the interpreter. This finding must be
made on the record and based not only on the unavailability of an
interpreter otherwise qualified in a particular language, but also on
specific exigent circumstances given the demands of the case and
the interpreter’s sworn assertion the interpreter is able, either in
direct or relay/intermediary interpretation, to communicate
effectively in the languages in which interpreter services are
required. An appointment under this subdivision excuses an
interpreter so appointed from the registration requirements under
the Rules for Certification and Regulation of Spoken Language
Court Interpreters only for the delivery of the specific services for
which the interpreter is appointed.

(4) On-the-Record Objections or Waivers in Criminal and
Juvenile Delinquency Proceedings. In any criminal or juvenile
delinquency proceeding in which the interpreter is not appointed
under this subdivision, the court shall advise the accused, on the
record, that the proposed interpreter is not certified, language
skilled, or provisionally approved under the Rules for Certification
and Regulation of Spoken Language Court Interpreters. The
accused’s objection to the appointment of a proposed interpreter, or
the accused’s waiver of the appointment of a certified, language
skilled, or provisionally approved interpreter, must also be on the
record.

(5) Additional on-the-Record Findings, Objections, and
Waivers Required at Subsequent Proceedings. The appointment of an
interpreter who is not certified, language skilled, or provisionally
approved in accordance with the Rules for Certification and
Regulation of Spoken Language Court Interpreters is limited to a
specific proceeding and does not extend to subsequent proceedings
in a case without additional findings of good cause and qualification
as required by this rule, and additional compliance with the
procedures for on-the-record objections or waivers provided for in
this rule.

(g) Privileged Communications. Whenever a person
communicates through an interpreter to any person under
circumstances that would render the communication privileged and
such person could not be compelled to testify as to the
communication, the privilege shall also apply to the interpreter.