THE BILL ITSELF
HB 533
Communication Rights of Individuals with Disabilities
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A bill to be entitled
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An act relating to the communication rights of
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individuals with disabilities; creating s. 393.0665,
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F.S.; defining terms; providing that individuals with
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a disability have the right to communicate in their
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preferred manner; prohibiting state agencies, schools,
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and health care providers from restricting or denying
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such individuals access to their preferred alternative
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communication method; specifying alternative
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communication methods recognized under the act;
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specifying rights that individuals with disabilities
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have with respect to their communication needs;
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requiring the Agency for Persons with Disabilities to
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adopt rules and develop certain training; providing
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requirements for the training; establishing the
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Communication Rights Advisory Board within the agency
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for a specified purpose; providing for membership and
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duties of the board; providing for future repeal of
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the board; requiring the agency to adopt procedures
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for reporting violations of specified provisions;
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providing for administrative penalties; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 393.0665, Florida Statutes, is created
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to read:
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393.0665 Communication Bill of Rights for Individuals with
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Disabilities.—
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(1) DEFINITIONS.—As used in this section, the term:
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(a) "Alternative communication method" means a
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communication technique or device that is evidence-based or
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recognized by relevant professional organizations, including,
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but not limited to, the American Speech-Language-Hearing
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Association, and that allows an individual with a disability to
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communicate independently without improper influence.
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(b) "Health care provider" means any facility licensed
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under this chapter or a provider as defined in s. 408.803.
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(c) "Individual with a disability" means a person with a
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developmental disability as defined in s. 393.063; a physical or
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mental impairment that substantially limits one or more major
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life activities; or any other disability as defined under state
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or federal law, including the Americans with Disabilities Act.
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(d) "School" means any child care, early education,
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elementary, secondary, or postsecondary educational setting.
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(e) "State agency" means a separate agency or unit of
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state government created or established by law and any entity
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under the control of or established for the benefit of a state
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agency.
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(2) COMMUNICATION RIGHTS.—
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(a) An individual with a disability has the right to
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communicate in his or her preferred manner. A state agency, a
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school, or a health care provider in this state may not restrict
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or deny an individual with a disability access to his or her
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preferred alternative communication method.
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(b) Alternative communication methods recognized under
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this section include, but are not limited to, all of the
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following:
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1. Augmentative and alternative communication devices.
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2. Letterboards and typing-based communication.
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3. Sign language and nonverbal gestural systems.
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4. Speech-generating devices or other assistive
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technologies.
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(c) Individuals with disabilities have the right to:
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1. Have their preferred alternative communication method
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recognized and supported in educational, health, and public
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settings.
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2. Access needed speech-language therapy and communication
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support from licensed professionals without arbitrary
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restrictions.
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3. Have reasonable access to trained staff in public
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facilities or programs to support their specialized
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communication needs.
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4. Receive communication support from trained staff,
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including agency staff, direct-support professionals, educators,
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and health care providers.
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5. Be free from bans or restrictions on their preferred
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alternative communication methods.
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(3) AGENCY RESPONSIBILITIES.—
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(a) The agency shall adopt rules to implement this
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section, including a statement of rights and the obligations of
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staff and providers required to observe the communication rights
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of individuals with disabilities under this section.
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(b) The agency shall develop training programs for direct-
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support professionals, educators, and health care staff. The
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training must include, but need not be limited to, instruction
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on all of the following:
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1. Communication accommodations and alternative
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communication methods.
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2. The requirements of this section, including supporting
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an individual's preferred alternative communication method
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unless another method is agreed upon by the individual or his or
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her legal guardian.
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(4) COMMUNICATION RIGHTS ADVISORY BOARD.—The Communication
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Rights Advisory Board is created within the agency to advise the
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agency on matters relating to individuals with disabilities.
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(a) The board shall be composed of 15 members, at least 7
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of whom must be individuals with disabilities or family members
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or guardians of individuals with disabilities and the remainder
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of whom must be either professionals who, in the course of their
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respective professions, treat or serve individuals with
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disabilities or representatives of disability advocacy
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organizations. Board members shall be appointed as follows:
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1. Three members appointed by the Governor.
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2. Three members appointed by the President of the Senate.
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3. Three members appointed by the Speaker of the House of
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Representatives.
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4. Three members appointed by the Minority Leader of the
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Senate.
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5. Three members appointed by the Minority Leader of the
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House of Representatives.
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(b) The board shall do all of the following:
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1. Advise the agency on the implementation of this
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section.
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2. Review policies and practices to ensure compliance with
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communication rights enumerated under this section.
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3. Submit an annual report to the Governor, the President
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of the Senate, and the Speaker of the House of Representatives.
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(c) In accordance with s. 20.052(8), this subsection is
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repealed October 2, 2029, unless reviewed and saved from repeal
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through reenactment by the Legislature.
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(5) ENFORCEMENT.—
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(a) The agency shall establish procedures for individuals
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with disabilities or their representatives to report violations
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of this section.
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(b) Violations of this section are subject to a civil
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penalty of $500 per violation in addition to any other
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administrative action imposed in accordance with s. 393.0673 or
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s. 408.813, as applicable, for such violation.
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This act shall take effect July 1, 2026. Section 2.