§ 90.6063, Fla. Stat. — Interpreter Services for Deaf Persons
Plain English
Florida guarantees effective interpreter services so deaf citizens can fully participate in the justice system. In any judicial proceeding or grand jury session where a deaf person is a party, witness, juror, or grand juror, the court shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person’s testimony, statements, or deliberations back to the court, jury, or grand jury. A “qualified interpreter” is one certified by the National or Florida Registry of Interpreters for the Deaf (or otherwise found qualified by the court). The deaf person should request an interpreter at least 5 days in advance when possible — but failure to strictly comply with that notice does not waive the right. The interpreter takes an oath, any privilege that would apply to the underlying communication extends to the interpreter, and a court-appointed interpreter is paid a reasonable fee plus travel from county funds.
From the Courtroom
Access to the courtroom isn’t real if you can’t understand what’s being said. 90.6063 makes a qualified interpreter the court’s duty, not a favor — and the “failure to give 5 days’ notice doesn’t waive the right” clause matters, because the obligation is on the system to provide access, not on the deaf person to perfectly navigate procedure.
Key Points & Authority
- § 90.6063, Fla. Stat. — The court must appoint a qualified interpreter for a deaf party, witness, juror, or grand juror, to interpret both the proceedings and the deaf person’s testimony/deliberations.
- “Qualified interpreter” = certified by the National/Florida Registry of Interpreters for the Deaf or otherwise found qualified; 5-day notice is requested but non-compliance does not waive the right; the interpreter takes an oath and any applicable privilege extends to the interpreter.
- Federal note: federal courts provide interpreter access through the Court Interpreters Act (28 U.S.C. § 1827) and the ADA rather than a Rules-of-Evidence provision.
Federal Parallel
There is no Federal Rules of Evidence counterpart. In federal court, interpreter access for deaf participants is provided under the Court Interpreters Act (28 U.S.C. § 1827) and the Americans with Disabilities Act; Florida addresses it directly in § 90.6063 (and the general interpreter rule in § 90.606).
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1)–(2) The Legislature finds it important that the rights of deaf citizens be protected and intends that appropriate and effective interpreter services be made available. In all judicial proceedings and grand jury sessions in which a deaf person is a complainant, defendant, witness, or otherwise a party, or 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.
(3) A “deaf person” is one whose hearing is so seriously impaired as to prohibit understanding oral communications spoken in a normal conversational tone; a “qualified interpreter” is one certified by the National or Florida Registry of Interpreters for the Deaf, or whose qualifications are otherwise determined by the appointing authority.
(4) A deaf person entitled to an interpreter should notify the appointing authority and request services at least 5 days before any appearance (or as soon as practicable). Failure to strictly comply with the notice requirement does not relieve the duty to provide an interpreter and is not a waiver of the right.
(5)–(7) Requests may be channeled through the Florida Registry of Interpreters for the Deaf, the Division of Vocational Rehabilitation, or other resources; the interpreter and deaf person must be able to communicate readily; and before participating, the interpreter must take an oath of true interpretation. Where a deaf person communicates through an interpreter under circumstances that would be privileged, the privilege extends to the interpreter.
(8) A court-appointed interpreter is entitled to a reasonable fee plus actual travel expenses, paid from general county funds.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.6063 requires courts to appoint a qualified interpreter for a deaf party, witness, juror, or grand juror; defines deaf person and qualified interpreter; provides that a 5-day notice request is encouraged but non-compliance does not waive the right; and extends applicable privilege to the interpreter.