2022 Legislature SB 418
2 An act relating to the Assistive Technology Advisory
3 Council; amending s. 413.407, F.S.; revising
4 provisions relating to the membership of and
5 appointments and reappointments to the Assistive
6 Technology Advisory Council; requiring council members
7 to select a chair from among the council membership;
8 revising provisions relating to committees appointed
9 to perform the council’s functions; expanding the
10 council’s functions to include fundraising activities;
11 providing an effective date.
13 Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Section 413.407, Florida Statutes, is amended to
17 413.407 Assistive Technology Advisory Council.—There is
18 created the Assistive Technology Advisory Council, responsible
19 for ensuring consumer involvement in the creation, application,
20 and distribution of technology-related assistance to and for
21 persons who have disabilities. The council shall fulfill its
22 responsibilities through statewide policy development,
23 state and federal legislative initiatives, advocacy at both the
24 state and federal levels level, planning of statewide resource
25 allocations, policy-level management, and reviews of both
26 consumer responsiveness and the adequacy of program service
27 delivery , and by performing the functions listed in this
29 (1)(a) The council shall be composed of:
30 1. Persons Individuals who have disabilities and who are
31 assistive technology consumers or family members or guardians of
32 those persons individuals.
33 2. A representative Representatives of a consumer
34 organization organizations concerned with assistive technology.
35 3. A representative Representatives of business and
36 industry, including the insurance industry, concerned with
37 assistive technology.
38 4. A representative of the Division of Vocational
40 5. A representative of the Division of Blind Services.
41 6. A representative of a center for independent living the
42 Florida Independent Living Council.
43 7. A representative of CareerSource Florida, Inc.
44 8. A representative of the Department of Education.
45 9. A representative Representatives of any other state
46 agency agencies that provides or coordinates provide or
47 coordinate services for persons with disabilities, if requested
48 by a majority vote of the council members.
50 Total membership on the council may not exceed 27 at any one
51 time. A majority of the members shall be appointed in accordance
52 with subparagraph 1.
53 (b) Members of the council shall be appointed by the
54 Commissioner of Education from a list of candidates proposed by
55 the division director. However, a member who is a representative
56 of a state agency shall be appointed by the head of that state
58 (c) A majority of council members must shall be persons who
59 have disabilities as defined in s. 413.20 and s. 413.20(7) who
60 are also consumers of assistive technology or family members or
61 guardians of such persons.
62 (d) Members of the council must be geographically
63 representative of the state and reflect the diversity of the
64 state’s population with respect to race, ethnicity, gender, age,
65 type of disability, and type of disability-related services and
66 devices received.
67 (e) (d) The members of the council shall select a chair two
68 co-chairs from among the membership of the council.
69 1. One co-chair may be selected from the group described in
70 paragraph (c) and one co-chair shall be selected from the other
71 council members.
72 2. The chair No co-chair may not be an elected member or an
73 employee of a state agency or of any political subdivision of
74 the state.
75 (f)1. (e)1. Each member of the council shall serve for a
76 term of not more than 3 years, except that a member appointed to
77 fill a vacancy occurring before prior to the expiration of the
78 term for which a predecessor was appointed shall be appointed
79 for the remainder of such term.
80 2. A No member of the council may not serve more than two
81 consecutive terms; however, any appointment under subparagraph
82 1., if for less than 18 months, is shall not be considered a
83 term for the purposes of this section.
84 3. A member who has served two consecutive terms and has
85 been retired from the council for at least 3 years 1 year may be
86 reappointed to the council on the same basis as a new member.
87 (g) (f) Any vacancy occurring in the membership of the
88 council shall be filled in the same manner as the original
89 appointment. A vacancy does not affect the power of the
90 remaining members to execute the duties of the council.
91 (2) In addition to the other functions specified in this
92 section, the council shall:
93 (a) Act as the board of directors of a not-for-profit
94 corporation created by the division. Through the corporation,
95 the council shall provide direction to the Florida Florida’s
96 Alliance for Assistive Services and Technology, a project
97 sponsored by the department for the coordination and delivery of
98 appropriate, cost-effective, state-of-the-art assistive
99 technology services and devices.
100 (b) Appoint committees made up of members of the council to
101 focus on specific issues within the council’s mandate.
102 Committees may request and accept in-kind contributions of
103 personnel from public or private entities to supply such
104 staffing as the committees deem necessary to carry out their
105 individual mandates. These committees shall include, but are not
106 limited to:
107 1. Members who are representatives of state agencies
108 serving on the committees An interagency committee composed of
109 those members representing state agencies. The interagency
110 committee shall work towards the development of cooperative
111 agreements among government agencies and perform such other
112 duties as the council deems appropriate.
113 2. Members who are representatives of state agencies
114 serving on the committees The interagency committee’s members
115 shall assign staff from their respective agencies to the
116 alliance, as an in-kind contribution for a specified period of
117 time, to review federal and state legislation and agency
118 policies and practices and to identify both facilitators of, and
119 barriers to, accessibility and utilization of assistive
120 technology services, devices, and funding sources.
121 2. A technology-awareness committee to guide the council’s
122 public awareness, coordination, and collaboration activities.
123 3. A public policy and advocacy committee to review federal
124 and state legislation and agency policies and practices and to
125 identify facilitators of and barriers to access and utilization
126 of assistive technology services, devices, and funding sources.
127 (c) Review and approve all reports, recommendations, and
128 proposed actions of committee staff.
129 (d) Appoint the executive director of the alliance who is .
130 The executive director shall be responsible for the overall
131 administration and day-to-day direction of the alliance,
132 including the as well as supervision of all staff.
133 (e) Annually review and approve the strategic or business
134 plan of the alliance, as submitted by the executive director.
135 (f) Submit an annual comprehensive report of the activities
136 of the council, the corporation, and the alliance to the
137 division director.
138 (g) Perform such other functions, including fundraising
139 activities, as the council determines to be appropriate which
140 are comparable to functions performed by the council.
141 (h) Convene at least four meetings each year in locations
142 that such places as it determines to be necessary to conduct
143 council business and may conduct such forums or hearings as it
144 the council considers appropriate. The council shall make a
145 report of each meeting which must contain shall include a record
146 of its discussions and recommendations and must , all of which
147 reports shall be made available to the public.
148 (3) In accordance with Pub. L. No. 108-364, the council
150 (a) Investigate financing options that will increase access
151 to and funding for assistive technology devices and assistive
152 technology services.
153 (b) Develop assistive technology demonstrations,
154 reutilization programs, and loan programs.
155 (c) Provide training and technical assistance in order to
156 increase knowledge and awareness of the uses and benefits of
157 assistive technology devices and assistive technology services.
158 (d) Promote public awareness activities designed to provide
159 information relating to the benefits of assistive technology
160 devices and assistive technology services.
161 (e) Promote coordination and collaboration among public and
162 private entities that are responsible for policies, procedures,
163 or funding for the provision of assistive technology devices and
164 assistive technology services.
165 Section 2. This act shall take effect July 1, 2022.