Fla. R. Gen. Prac. & Jud. Admin. 2.560

(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.