| 1 | Representative(s) Llorente offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 4362-4442 and insert: |
| 5 | Section 73. Part III of chapter 282, Florida Statutes, |
| 6 | consisting of sections 282.601, 282.602, 282.603, 282.604, |
| 7 | 282.605, and 282.606, is created to read: |
| 8 | PART III |
| 9 | ACCESSIBILITY OF INFORMATION AND TECHNOLOGY |
| 10 |
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| 11 | 282.601 Accessibility of electronic information and |
| 12 | information technology.-- |
| 13 | (1) In order to improve the accessibility of electronic |
| 14 | information and information technology and increase the |
| 15 | successful education, employment, access to governmental |
| 16 | information and services, and involvement in community life, the |
| 17 | executive, legislative, and judicial branches of state |
| 18 | government shall, when developing, competitively procuring, |
| 19 | maintaining, or using electronic information or information |
| 20 | technology acquired on or after July 1, 2006, ensure that state |
| 21 | employees with disabilities have access to and are provided with |
| 22 | information and data comparable to the access and use by state |
| 23 | employees who are not individuals with disabilities, unless an |
| 24 | undue burden would be imposed on the agency. |
| 25 | (2) Individuals with disabilities who are members of the |
| 26 | public seeking information or services from state agencies that |
| 27 | are subject to this part shall be provided with access to and |
| 28 | use of information and data comparable to that provided to the |
| 29 | public who are not individuals with disabilities, unless an |
| 30 | undue burden would be imposed on the agency. |
| 31 | 282.602 Definitions.--As used in this part, the term: |
| 32 | (1) "Accessible electronic information and information |
| 33 | technology" means electronic information and information |
| 34 | technology that conforms to the standards for accessible |
| 35 | electronic information and information technology as set forth |
| 36 | by s. 508 of the Rehabilitation Act of 1973, as amended, and 29 |
| 37 | U.S.C. s. 794(d), including the regulations set forth under 36 |
| 38 | C.F.R. part 1194. |
| 39 | (2) "Alternate methods" means a different means of |
| 40 | providing information to people with disabilities, including |
| 41 | product documentation. The term includes, but is not limited to, |
| 42 | voice, facsimile, relay service, TTY, Internet posting, |
| 43 | captioning, text-to-speech synthesis, and audio description. |
| 44 | (3) "Electronic information and information technology" |
| 45 | includes information technology and any equipment or |
| 46 | interconnected system or subsystem of equipment that is used in |
| 47 | creating, converting, or duplicating data or information. The |
| 48 | term includes, but is not limited to, telecommunications |
| 49 | products such as telephones, information kiosks and transaction |
| 50 | machines, Internet websites, multimedia systems, and office |
| 51 | equipment such as copiers and facsimile machines. The term does |
| 52 | not include any equipment that contains embedded information |
| 53 | technology that is an integral part of the product if the |
| 54 | principal function of the technology is not the acquisition, |
| 55 | storage, manipulation, management, movement, control, display, |
| 56 | switching, interchange, transmission, or reception of data or |
| 57 | information. |
| 58 | (4) "Information technology" means any equipment or |
| 59 | interconnected system or subsystem of equipment that is used in |
| 60 | the automatic acquisition, storage, manipulation, management, |
| 61 | movement, control, display, switching, interchange, |
| 62 | transmission, or reception of data or information. The term |
| 63 | includes computers, ancillary equipment, software, firmware and |
| 64 | similar procedures, services, and support services, and related |
| 65 | resources. |
| 66 | (5) "Undue burden" means significant difficulty or |
| 67 | expense. In determining whether an action would result in an |
| 68 | undue burden, a state agency shall consider all agency resources |
| 69 | that are available to the program or component for which the |
| 70 | product is being developed, procured, maintained, or used. |
| 71 | (6) "State agency" means any agency of the executive, |
| 72 | legislative, or judicial branch of state government. |
| 73 | 282.603 Access to electronic and information technology |
| 74 | for persons with disabilities; undue burden; limitations.-- |
| 75 | (1) Each state agency shall develop, procure, maintain, |
| 76 | and use accessible electronic information and information |
| 77 | technology acquired on or after July 1, 2006, that conforms to |
| 78 | the applicable provisions set forth by s. 508 of the |
| 79 | Rehabilitation Act of 1973, as amended, and 29 U.S.C. s. 794(d), |
| 80 | including the regulations set forth under 36 C.F.R. part 1194, |
| 81 | except when compliance with this section imposes an undue |
| 82 | burden; however, in such instance, a state agency must provide |
| 83 | individuals with disabilities with the information and data |
| 84 | involved by an alternative method of access that allows the |
| 85 | individual to use the information and data. |
| 86 | (2) This section does not require a state agency to |
| 87 | install specific accessibility-related software or attach an |
| 88 | assistive-technology device at a work station of a state |
| 89 | employee who is not an individual with a disability. |
| 90 | (3) This section does not require a state agency, when |
| 91 | providing the public with access to information or data through |
| 92 | electronic information technology, to make products owned by the |
| 93 | state agency available for access and use by individuals with |
| 94 | disabilities at a location other than the location at which the |
| 95 | electronic information and information technology are normally |
| 96 | provided to the public. This section does not require a state |
| 97 | agency to purchase products for access and use by individuals |
| 98 | with disabilities at a location other than at the location where |
| 99 | the electronic information and information technology are |
| 100 | normally provided to the public. |
| 101 | 282.604 Adoption of rules.--The Department of Management |
| 102 | Services shall, with input from stakeholders, adopt rules |
| 103 | pursuant to ss. 120.536(1) and 120.54 for the development, |
| 104 | procurement, maintenance, and use of accessible electronic |
| 105 | information technology by governmental units. |
| 106 | 282.605 Exceptions.-- |
| 107 | (1) This part does not apply to electronic information and |
| 108 | information technology of the Department of Military Affairs or |
| 109 | the Florida National Guard if the function, operation, or use of |
| 110 | the information or technology involves intelligence activities |
| 111 | or cryptologic activities related to national security, the |
| 112 | command and control of military forces, equipment that is an |
| 113 | integral part of a weapon or weapons system, or systems that are |
| 114 | critical to the direct fulfillment of military or intelligence |
| 115 | missions. Systems that are critical to the direct fulfillment of |
| 116 | military or intelligence missions do not include a system that |
| 117 | is used for routine administrative and business applications, |
| 118 | including, but not limited to, payroll, finance, logistics, and |
| 119 | personnel-management applications. |
| 120 | (2) This part does not apply to electronic information and |
| 121 | information technology of a state agency if the function, |
| 122 | operation, or use of the information or technology involves |
| 123 | criminal intelligence activities. Such activities do not include |
| 124 | information or technology that is used for routine |
| 125 | administrative and business applications, including, but not |
| 126 | limited to, payroll, finance, logistics, and personnel- |
| 127 | management applications. |
| 128 | (3) This part does not apply to electronic information and |
| 129 | information technology that is acquired by a contractor and that |
| 130 | is incidental to the contract. |
| 131 | (4) This part applies to competitive solicitations issued |
| 132 | or new systems developed by a state agency on or after July 1, |
| 133 | 2006. |
| 134 | 282.606 Intent.--It is the intent of the Legislature that, |
| 135 | in construing this part, due consideration and great weight be |
| 136 | given to the interpretations of the federal courts relating to |
| 137 | comparable provisions of s. 508 of the Rehabilitation Act of |
| 138 | 1973, as amended, and 29 U.S.C. s. 794(d), including the |
| 139 | regulations set forth under 36 C.F.R. part 1194, as of July 1, |
| 140 | 2006. |
| 141 |
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| 142 | ======= T I T L E A M E N D M E N T ======= |
| 143 | Remove line(s) 224-230 and insert: |
| 144 | Trust Fund; creating part III of ch. 282, F.S.; requiring |
| 145 | that the executive, legislative, and judicial branches of |
| 146 | state government provide to individuals with disabilities |
| 147 | access to and use of information and data that is |
| 148 | comparable to the information and data provided to |
| 149 | individuals who do not have disabilities; providing |
| 150 | certain exceptions; providing definitions; requiring that |
| 151 | each state agency use accessible electronic information |
| 152 | and information technology that conforms with specified |
| 153 | provisions of federal law; providing certain exceptions; |
| 154 | requiring the Department of Management Services to adopt |
| 155 | rules; providing an exception for electronic information |
| 156 | and information technology involving military activities |
| 157 | or criminal intelligence activities; specifying that the |
| 158 | act applies to competitive solicitations; providing |
| 159 | legislative intent; providing |