90.6063
Interpreter services for deaf persons.
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90.6063 Interpreter services for deaf persons.—
(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.
Notes of Decisions
Cited in 7
cases, 1983–2008 · leading case: Florida Hosp. Waterman, Inc. v. Buster
Florida Hosp. Waterman, Inc. v. Buster (2008)
“(2006) (privilege with respect to trade secrets); § 90.6063(7), Fla. Stat. (2006) (providing that where a deaf person communicates through an interpreter in circumstances where the communication would be privileged, the privilege applies to the interpreter as well); § 456.”
In Re Amendments to Fla. Evidence Code (2000)
“503, Florida Statutes, Psychotherapist-patient privilege); 99-8, section 6 (amending section 90.6063(5)(b), Florida Statutes, Interpreter services for deaf person); and 99-225, section 13 (amending section 90.”
Amendments to the Florida Evidence Code (2004)
“Chapter 2002-22, section 18, amended section 90.6063, Florida Statutes, to reflect that requests for qualified interpreters for deaf persons are now channeled through the Division of Vocational Rehabilitation of the Department of Education instead of the Vocational…”
DiLorenzo v. State (1998)
“Thus, while the law which we have reaffirmed above is now subject to that exception, [3] we think it is otherwise so ingrained in our jurisprudence that any changes in or exceptions to the law necessarily would come from express legislative or judicial authorization rather than…”
Justice Coalition v. FIRST DCA JNC (2002)
“("Grand jury proceedings are secret, and a grand juror or an interpreter appointed pursuant to § 90.6063(2) shall not disclose the nature or substance of the deliberations").”
Del Rio v. State (1983)
“2d 384 (1979), § 90.6063, Fla.Stat. (1981).”
Garcia v. State (1993)
“While we find no merit in the substantive issues he raises on this appeal, we do find that, pursuant to section 90.6063, Florida Statutes (1991), the interpreter he used at trial was entitled to compensation for translation services rendered in that proceeding.”
— 90.6063(2) — 2 cases
DiLorenzo v. State (1998)
“Thus, while the law which we have reaffirmed above is now subject to that exception, [3] we think it is otherwise so ingrained in our jurisprudence that any changes in or exceptions to the law necessarily would come from express legislative or judicial authorization rather than…”
Justice Coalition v. FIRST DCA JNC (2002)
“("Grand jury proceedings are secret, and a grand juror or an interpreter appointed pursuant to § 90.6063(2) shall not disclose the nature or substance of the deliberations").”
— 90.6063(5)(b) — 1 case
In Re Amendments to Fla. Evidence Code (2000)
“503, Florida Statutes, Psychotherapist-patient privilege); 99-8, section 6 (amending section 90.6063(5)(b), Florida Statutes, Interpreter services for deaf person); and 99-225, section 13 (amending section 90.”
— 90.6063(7) — 1 case
Florida Hosp. Waterman, Inc. v. Buster (2008)
“(2006) (privilege with respect to trade secrets); § 90.6063(7), Fla. Stat. (2006) (providing that where a deaf person communicates through an interpreter in circumstances where the communication would be privileged, the privilege applies to the interpreter as well); § 456.”
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