In Re AMENDMENTS TO the FLORIDA RULES FOR CERTIFICATION AND REGULATION OF SPOKEN LANGUAGE COURT INTERPRETERS

176 So. 3d 256, 40 Fla. L. Weekly Supp. 525, 2015 Fla. LEXIS 2120, 2015 WL 5730386
Supreme Court of Florida·Decided October 1, 2015·No. SC15-1580·Published·Cited by 3 cases

Opinion

PER CURIAM.

This matter is before the Court for consideration of proposed amendments to the Florida Rules for Certification and Regulation of Spoken Language Court Interpreters (Interpreter Rules). We have jurisdiction. See art. V, § 2(a), Fla. Const.

In March 2014, this Court adopted amendments to the Interpreter Rules. See In re Amends, to Fla. Rules for Certif. & Regul. of Court Interpreters, 136 So.3d 584 (Fla.2014). Those amendments established and set out the standards for the three “designations”, of court interpreters: certified, language skilled, and provisionally approved. Id. at 585-86. The amendments also subjected undesignated interpreters working in the courts by court appointment on a regular basis to the provisions of the court interpreters’ Code of Professional Conduct and, in. certain circumstances, to the disciplinary procedures for designated court interpreters. Id. at 587.

Thereafter, in March 2015, this Court again adopted amendments to the Interpreter Rules. See In re Amends, to Fla. Rules for Certif. & Regul. of Spoken Language Court Interpreters, 159' So.3d 804 (Fla.2015). Those amendments contained a more inclusive definition of the phrase “court interpreter.” and an expansive definition for the phrase “court-related proceeding.” Id. at 804. The amendments further required that all court interpreters, as newly defined, register with • the Office of the State Courts Administrator and take the necessary steps toward obtaining a designation. Id. at 804-05.

The Court Interpreter Certification Board (Board) has now submitted a petition proposing additional amendments to the Interpreter Rules. The Board proposes amending the following rules: 14.100 (Definitions); 14.110 (Court Interpreter Certification Board); 14.200 (Registration);. 14.205 (Certified Court Interpreter Designation); 14.210 (Language Skilled Designation); 14.215 (Provisionally Approved Designation); 14.220 (Waiver of Examination Requirement); 14.225 (Issuance of Certificates); 14.230 (Renewal of Certificates); 14.240 (Maintenance of Official Designation); 14.310 (Accuracy and Completeness); 14.320 (Representation of Qualifications); 14.370 (Assessing and Reporting Impediments to Performance); 14.405 (Suspension or Revocation); 14.410 (Disciplinary Procedures); and 14.450 (Reinstatement). We hereby adopt the amendments as proposed by the Board. 1

The amendments are largely technical and are aimed at clarifying existing provisions in the Interpreter Rules. Notably, the amendments further clarify the registration process and the process by which individuals obtain a designation. The amendments clarify these processes by relocating a number of existing provisions and restructuring several of the Interpreter Rules.

Accordingly, we amend the Florida Rules for Certification and Regulation of Spoken Language Court Interpreters as *258 reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court. 2

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

Appendix

PART I. GENERAL PROVISIONS

RULE 14.100. DEFINITIONS

The following terms have the meanings shown as used in these rules:

(a)Court Interpreter. Any person providing spoken language court interpreting services during a court or court-related proceeding, except persons performing such services without remuneration on behalf of indigent-persons demonstrating an inability to pay in circumstances not requiring appointment of a court interpreter.

(b) Certified Court Interpreter. A»A designation reserved for interpreters who hashave completed all requirements for certification in accordance with these rules and holds a valid certifícate issued by the Office of the State Courts Administrator.

(c)-(g) [NO CHANGE]

(h) Court-Related Proceeding. Any event, including, but not limited to, a deposition, mediation, arbitration, or examination, which occurs or could be made to occur as a result of a court order, subpoena, or general law, and for which the primary purpose is the communication or exchange of information related to a claim or defense in or the settlement of a pending or impending court case. However, a law enforcement investigation which does not yet involve the participation of the prosecuting authority shall not be considered a court-related proceeding.

(i) 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 lim *259 ited English proficiency may have difficulty speaking, reading, writing, or understanding English.

(ij) Board. The Court Interpreter Certification Board.

(jk) Compliance Period. The two-year period beginning upon official-designation as ■ a certified, language skilled, or provisionally -approved-issuance of a letter confirming registration or renewal of registration of a court interpreter.

(Id) State-Certifying Examination. A full or abbreviated board-approved oral performance examination designed to objectively measure whether a candidate possesses the minimum levels of language knowledge and fluency and interpreting skills required to perform competently during court proceedings.

(1m) Written Examination. An initial qualifying or screening examination designed to measure a candidate’s literacy in English, familiarity with, and usage of, court-related terms, and/or knowledge of matters regarding interpreter ethics and related professional conduct.

(mn) Full Oral Performance Examination. An oral examination which measures language knowledge and fluency in both English and non-English languages, as well as the ability to successfully render meaning in target and source languages in simultaneous interpretation, consecutive interpretation, and sight translation of documents.

(no) Abbreviated Oral Performance Examination. An oral examination assessing functional proficiency to competently interpret simultaneously in court from English to a non-English language, and prerequisite to which a candidate must satisfy board-approved oral proficiency interviews in both English and non-English languages.

(op)- Oral Proficiency Interview. A standardized language -proficiency interview assessing functional speaking ability in both English ,and non-English languages.

(pq) Modes of Court Interpretation. Simultaneous interpretation, consecutive interpretation, and.sight translation of documents in a court setting.

(qr) Transcription.

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In Re AMENDMENTS TO the FLORIDA RULES FOR CERTIFICATION AND REGULATION OF SPOKEN LANGUAGE COURT INTERPRETERS, 176 So. 3d 256, 40 Fla. L. Weekly Supp. 525, 2015 Fla. LEXIS 2120, 2015 WL 5730386 (Fla. 2015).

176 So. 3d 256 (In Re AMENDMENTS TO the FLORIDA RULES FOR CERTIFICATION AND REGULATION OF SPOKEN LANGUAGE COURT INTERPRETERS) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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