Amendment
Bill No. 1503
Amendment No. 420579
CHAMBER ACTION
Senate House
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1Representative(s) Llorente offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 4362-4442 and insert:
5     Section 73.  Part III of chapter 282, Florida Statutes,
6consisting of sections 282.601, 282.602, 282.603, 282.604,
7282.605, and 282.606, is created to read:
8
PART III
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ACCESSIBILITY OF INFORMATION AND TECHNOLOGY
10
11     282.601  Accessibility of electronic information and
12information technology.--
13     (1)  In order to improve the accessibility of electronic
14information and information technology and increase the
15successful education, employment, access to governmental
16information and services, and involvement in community life, the
17executive, legislative, and judicial branches of state
18government shall, when developing, competitively procuring,
19maintaining, or using electronic information or information
20technology acquired on or after July 1, 2006, ensure that state
21employees with disabilities have access to and are provided with
22information and data comparable to the access and use by state
23employees who are not individuals with disabilities, unless an
24undue burden would be imposed on the agency.
25     (2)  Individuals with disabilities who are members of the
26public seeking information or services from state agencies that
27are subject to this part shall be provided with access to and
28use of information and data comparable to that provided to the
29public who are not individuals with disabilities, unless an
30undue 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
33technology" means electronic information and information
34technology that conforms to the standards for accessible
35electronic information and information technology as set forth
36by s. 508 of the Rehabilitation Act of 1973, as amended, and 29
37U.S.C. s. 794(d), including the regulations set forth under 36
38C.F.R. part 1194.
39     (2)  "Alternate methods" means a different means of
40providing information to people with disabilities, including
41product documentation. The term includes, but is not limited to,
42voice, facsimile, relay service, TTY, Internet posting,
43captioning, text-to-speech synthesis, and audio description.
44     (3)  "Electronic information and information technology"
45includes information technology and any equipment or
46interconnected system or subsystem of equipment that is used in
47creating, converting, or duplicating data or information. The
48term includes, but is not limited to, telecommunications
49products such as telephones, information kiosks and transaction
50machines, Internet websites, multimedia systems, and office
51equipment such as copiers and facsimile machines. The term does
52not include any equipment that contains embedded information
53technology that is an integral part of the product if the
54principal function of the technology is not the acquisition,
55storage, manipulation, management, movement, control, display,
56switching, interchange, transmission, or reception of data or
57information.
58     (4)  "Information technology" means any equipment or
59interconnected system or subsystem of equipment that is used in
60the automatic acquisition, storage, manipulation, management,
61movement, control, display, switching, interchange,
62transmission, or reception of data or information. The term
63includes computers, ancillary equipment, software, firmware and
64similar procedures, services, and support services, and related
65resources.
66     (5)  "Undue burden" means significant difficulty or
67expense. In determining whether an action would result in an
68undue burden, a state agency shall consider all agency resources
69that are available to the program or component for which the
70product is being developed, procured, maintained, or used.
71     (6)  "State agency" means any agency of the executive,
72legislative, or judicial branch of state government.
73     282.603  Access to electronic and information technology
74for persons with disabilities; undue burden; limitations.--
75     (1)  Each state agency shall develop, procure, maintain,
76and use accessible electronic information and information
77technology acquired on or after July 1, 2006, that conforms to
78the applicable provisions set forth by s. 508 of the
79Rehabilitation Act of 1973, as amended, and 29 U.S.C. s. 794(d),
80including the regulations set forth under 36 C.F.R. part 1194,
81except when compliance with this section imposes an undue
82burden; however, in such instance, a state agency must provide
83individuals with disabilities with the information and data
84involved by an alternative method of access that allows the
85individual to use the information and data.
86     (2)  This section does not require a state agency to
87install specific accessibility-related software or attach an
88assistive-technology device at a work station of a state
89employee who is not an individual with a disability.
90     (3)  This section does not require a state agency, when
91providing the public with access to information or data through
92electronic information technology, to make products owned by the
93state agency available for access and use by individuals with
94disabilities at a location other than the location at which the
95electronic information and information technology are normally
96provided to the public. This section does not require a state
97agency to purchase products for access and use by individuals
98with disabilities at a location other than at the location where
99the electronic information and information technology are
100normally provided to the public.
101     282.604  Adoption of rules.--The Department of Management
102Services shall, with input from stakeholders, adopt rules
103pursuant to ss. 120.536(1) and 120.54 for the development,
104procurement, maintenance, and use of accessible electronic
105information technology by governmental units.
106     282.605  Exceptions.--
107     (1)  This part does not apply to electronic information and
108information technology of the Department of Military Affairs or
109the Florida National Guard if the function, operation, or use of
110the information or technology involves intelligence activities
111or cryptologic activities related to national security, the
112command and control of military forces, equipment that is an
113integral part of a weapon or weapons system, or systems that are
114critical to the direct fulfillment of military or intelligence
115missions. Systems that are critical to the direct fulfillment of
116military or intelligence missions do not include a system that
117is used for routine administrative and business applications,
118including, but not limited to, payroll, finance, logistics, and
119personnel-management applications.
120     (2)  This part does not apply to electronic information and
121information technology of a state agency if the function,
122operation, or use of the information or technology involves
123criminal intelligence activities. Such activities do not include
124information or technology that is used for routine
125administrative and business applications, including, but not
126limited to, payroll, finance, logistics, and personnel-
127management applications.
128     (3)  This part does not apply to electronic information and
129information technology that is acquired by a contractor and that
130is incidental to the contract.
131     (4)  This part applies to competitive solicitations issued
132or new systems developed by a state agency on or after July 1,
1332006.
134     282.606  Intent.--It is the intent of the Legislature that,
135in construing this part, due consideration and great weight be
136given to the interpretations of the federal courts relating to
137comparable provisions of s. 508 of the Rehabilitation Act of
1381973, as amended, and 29 U.S.C. s. 794(d), including the
139regulations set forth under 36 C.F.R. part 1194, as of July 1,
1402006.
141
142======= T I T L E  A M E N D M E N T =======
143     Remove line(s) 224-230 and insert:
144Trust Fund; creating part III of ch. 282, F.S.; requiring
145that the executive, legislative, and judicial branches of
146state government provide to individuals with disabilities
147access to and use of information and data that is
148comparable to the information and data provided to
149individuals who do not have disabilities; providing
150certain exceptions; providing definitions; requiring that
151each state agency use accessible electronic information
152and information technology that conforms with specified
153provisions of federal law; providing certain exceptions;
154requiring the Department of Management Services to adopt
155rules; providing an exception for electronic information
156and information technology involving military activities
157or criminal intelligence activities; specifying that the
158act applies to competitive solicitations; providing
159legislative intent; providing


CODING: Words stricken are deletions; words underlined are additions.