Senate Bill sb1704c1
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Florida Senate - 2005 CS for SB 1704
By the Committee on Education; and Senator Klein
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1 A bill to be entitled
2 An act relating to assistive technology;
3 amending s. 413.407, F.S.; requiring the
4 Assistive Technology Advisory Council to
5 conduct certain activities required by federal
6 law; revising the composition of the membership
7 of the council; requiring that the council be
8 made up of a majority who are persons with
9 disabilities and who use assistive technology;
10 deleting a provision requiring staggered terms
11 of service; requiring the council to appoint a
12 public policy and advocacy committee; providing
13 for the reappointment of members of the
14 council; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 413.407, Florida Statutes, is
19 amended to read:
20 413.407 Assistive Technology Advisory Council.--There
21 is created the Assistive Technology Advisory Council,
22 responsible for ensuring consumer involvement in the creation,
23 application, and distribution of technology-related assistance
24 to and for persons who have disabilities. The council shall
25 fulfill its responsibilities through statewide policy
26 development, both state and federal legislative initiatives,
27 advocacy at both the state and federal level, planning of
28 statewide resource allocations, policy-level management,
29 reviews of both consumer responsiveness and the adequacy of
30 program service delivery, and by performing the functions
31 listed in this section.
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Florida Senate - 2005 CS for SB 1704
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1 (1) The council shall, in accordance with Pub. L. No.
2 108-364, carry out the following activities:
3 (a) Finance activities to increase access to, and
4 funding for, assistive technology devices and assistive
5 technology services;
6 (b) Initiate programs to reuse assistive technology
7 devices;
8 (c) Initiate loan programs for assistive technology
9 devices;
10 (d) Conduct demonstrations of assistive technology
11 devices;
12 (e) Conduct training and provide technical assistance
13 in order to increase knowledge and awareness of the uses and
14 benefits of assistive technology devices and assistive
15 technology services;
16 (f) Initiate public awareness campaigns designed to
17 provide information relating to the benefits, appropriateness,
18 and costs of assistive technology and services; and
19 (g) Coordinate and collaborate with public and private
20 entities that are responsible for policies, procedures, or
21 funding for providing assistive technology devices and
22 services to individuals with disabilities.
23 (2)(a)(1)(a) The council shall be composed of:
24 1. Individuals Nine persons who have disabilities and
25 who are assistive technology consumers or family members or
26 custodians of the individuals.
27 2. Representatives of consumer organizations concerned
28 with assistive technology.
29 3.2. Up to nine Representatives of business and
30 industry, including the insurance industry, concerned with
31 assistive technology.
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Florida Senate - 2005 CS for SB 1704
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1 3. Up to nine representatives of academia, community
2 agencies, and state agencies concerned with assistive
3 technology.
4 4. A representative of the Division of Vocational
5 Rehabilitation.
6 5. A representative from the Division of Blind
7 Services.
8 6. A representative of centers for independent living
9 within the state.
10 7. A representative of the Workforce Investment Board
11 of the Agency for Workforce Innovation.
12 8. A representative of the Department of Education.
13 9. Representatives of other state agencies that
14 provide or coordinate services for persons with disabilities.
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16 Total membership on the council may shall not exceed 27 at any
17 one time. A majority of the membership on the council must be
18 made up of members appointed under subparagraph 1., who shall
19 constitute no fewer than 51 percent of the total membership.
20 (b) Members of the council shall be appointed by the
21 commissioner secretary from a list of candidates proposed by
22 the division director.
23 (c) A majority of council members shall be persons who
24 have disabilities as described in s. 413.20(7) s. 706(8)(B) of
25 the act who are also consumers of assistive technology or
26 family members of these such persons.
27 (d) The members of the council shall select two
28 co-chairs from among the membership of the council.
29 1. One co-chair may be selected from the group
30 described in paragraph (c) and one co-chair shall be selected
31 from the other council members.
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Florida Senate - 2005 CS for SB 1704
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1 2. No co-chair may be an elected member or an employee
2 of a state agency or of any political subdivision of the
3 state.
4 (e)1. Each member of the council shall serve for a
5 term of not more than 3 years, except that:
6 a. a member appointed to fill a vacancy occurring
7 before prior to the expiration of the term for which a
8 predecessor was appointed shall be appointed for the remainder
9 of the such term.
10 b. The terms of service of the members shall be
11 staggered through initial appointments of 3 years for
12 one-third, 2 years for one-third, and 1 year for one-third.
13 Each eligible group described in paragraph (a) shall reflect
14 this distribution.
15 2. No member of the council may serve more than two
16 consecutive terms; however, any appointment under subparagraph
17 1. sub-subparagraph 1.a., if for less than 18 months, shall
18 not be considered a term for the purposes of this section. A
19 member who has served two consecutive terms and has been
20 retired from the council for at least 1 year may be
21 reappointed to the council on the same basis as a new member.
22 (f) Any vacancy occurring in the membership of the
23 council shall be filled in the same manner as the original
24 appointment. A vacancy does not affect the power of the
25 remaining members to execute the duties of the council.
26 (3)(2) In addition to the other functions specified in
27 this section, the council shall:
28 (a) Act as the board of directors of a not-for-profit
29 corporation created by the division. Through the corporation,
30 the council shall provide direction and funding to Florida's
31 Alliance for Assistive Services and Technology, a project
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1 sponsored by the department for the coordination and delivery
2 of appropriate, cost-effective, state-of-the-art assistive
3 technology services and devices.
4 (b) Appoint committees made up of members of the
5 council to focus on specific issues within the council's
6 mandate. Committees may request and accept in-kind
7 contributions of personnel from public or private entities to
8 supply such staffing as the committees deem necessary to carry
9 out their individual mandates. These committees shall include,
10 but are not limited to:
11 1. An interagency A committee composed of those
12 members representing state agencies, functioning as an
13 interagency workshop. The interagency committee workshop shall
14 work towards the development of develop cooperative agreements
15 among government agencies and perform such other duties as the
16 council deems appropriate. The interagency workshop's members
17 shall assign staff from their respective agencies to the
18 alliance, as an in-kind contribution for a specified period of
19 time, to review federal and state legislation and agency
20 policies and practices and to identify both facilitators of,
21 and barriers to, accessibility and utilization of assistive
22 technology services, devices, and funding sources.
23 2. A technology-awareness committee to guide the
24 council's public awareness and coordination and collaboration
25 activities encourage the formation of technology-awareness
26 groups among consumers, providers, and other interested
27 individuals, particularly in schools or workplaces.
28 3. A public policy and advocacy committee to review
29 federal and state legislation and agency policies and
30 practices and to identify both facilitators of, and barriers
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1 to, access and use of assistive technology services, devices,
2 and funding sources.
3 (c) Review and approve all reports, recommendations,
4 and proposed actions of committee staff.
5 (d) Appoint the executive director of the alliance.
6 The executive director shall be responsible for overall
7 administration and day-to-day direction of the alliance, as
8 well as supervision of all staff.
9 (e) Annually review and approve the strategic or
10 business plan of the alliance, as submitted by the executive
11 director.
12 (f) Submit an annual comprehensive report of the
13 activities of the council, the corporation, and the alliance
14 to the division director.
15 (g) Perform such other functions as the council
16 determines to be appropriate which are comparable to functions
17 performed by the council.
18 (h) Convene at least four meetings each year in such
19 places as it determines to be necessary to conduct council
20 business and may conduct such forums or hearings as the
21 council considers appropriate. The council shall make a report
22 of each meeting which shall include a record of its
23 discussions and recommendations, all of which reports shall be
24 made available to the public.
25 Section 2. This act shall take effect July 1, 2005.
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Florida Senate - 2005 CS for SB 1704
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1704
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4 The committee substitute:
5 Provides that a member who has served two consecutive terms
and has been retired from the council for at least 1 year may
6 be reappointed as a new member.
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