Senate Bill sb0120c1

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    Florida Senate - 2006                            CS for SB 120

    By the Committee on Governmental Oversight and Productivity;
    and Senator Wise




    585-2469-06

  1                      A bill to be entitled

  2         An act relating to electronic information and

  3         information technology; creating part III of

  4         ch. 282, F.S.; requiring that the executive,

  5         legislative, and judicial branches of state

  6         government provide to individuals with

  7         disabilities access to and use of information

  8         and data that is comparable to the information

  9         and data provided to individuals who do not

10         have disabilities; providing certain

11         exceptions; providing definitions; requiring

12         that each state agency use accessible

13         electronic information and information

14         technology that conforms with specified

15         provisions of federal law; providing certain

16         exceptions; requiring the Department of

17         Management Services to adopt rules; providing

18         an exception for electronic information and

19         information technology involving military

20         activities or criminal intelligence activities;

21         specifying that the act applies to competitive

22         solicitations; providing legislative intent;

23         providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Part III of chapter 282, Florida Statutes,

28  consisting of sections 282.601, 282.602, 282.603, 282.604,

29  282.605, and 282.606, is created to read:

30                             PART III

31           ACCESSIBILITY OF INFORMATION AND TECHNOLOGY

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    Florida Senate - 2006                            CS for SB 120
    585-2469-06




 1         282.601  Accessibility of electronic information and

 2  information technology.--

 3         (1)  In order to improve the accessibility of

 4  electronic information and information technology and increase

 5  the successful education, employment, access to governmental

 6  information and services, and involvement in community life,

 7  the executive, legislative, and judicial branches of state

 8  government shall, when developing, competitively procuring,

 9  maintaining, or using electronic information or information

10  technology acquired on or after July 1, 2006, ensure that

11  state employees with disabilities have access to and are

12  provided with information and data comparable to the access

13  and use by state employees who are not individuals with

14  disabilities, unless an undue burden would be imposed on the

15  agency.

16         (2)  Individuals with disabilities who are members of

17  the public seeking information or services from state agencies

18  that are subject to this part shall be provided with access to

19  and use of information and data comparable to that provided to

20  the public who are not individuals with disabilities, unless

21  an undue burden would be imposed on the agency.

22         282.602  Definitions.--As used in this part, the term:

23         (1)  "Accessible electronic information and information

24  technology" means electronic information and information

25  technology that conforms to the standards for accessible

26  electronic information and information technology as set forth

27  by s. 508 of the Rehabilitation Act of 1973, as amended, and

28  29 U.S.C. 794(d), including the regulations set forth under 36

29  C.F.R. part 1194.

30         (2)  "Alternate methods" means a different means of

31  providing information to people with disabilities, including

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    Florida Senate - 2006                            CS for SB 120
    585-2469-06




 1  product documentation. The term includes, but is not limited

 2  to, voice, facsimile, relay service, TTY, Internet posting,

 3  captioning, text-to-speech synthesis, and audio description.

 4         (3)  "Electronic information and information

 5  technology" includes information technology and any equipment

 6  or interconnected system or subsystem of equipment which is

 7  used in creating, converting, or duplicating data or

 8  information. The term includes, but is not limited to,

 9  telecommunications products such as telephones, information

10  kiosks and transaction machines, Internet web sites,

11  multimedia systems, and office equipment such as copiers and

12  facsimile machines. The term does not include any equipment

13  that contains embedded information technology that is an

14  integral part of the product if the principal function of the

15  technology is not the acquisition, storage, manipulation,

16  management, movement, control, display, switching,

17  interchange, transmission, or reception of data or

18  information.

19         (4)  "Information technology" means any equipment or

20  interconnected system or subsystem of equipment which is used

21  in the automatic acquisition, storage, manipulation,

22  management, movement, control, display, switching,

23  interchange, transmission, or reception of data or

24  information. The term includes computers, ancillary equipment,

25  software, firmware and similar procedures, services and

26  support services, and related resources.

27         (5)  "Undue burden" means significant difficulty or

28  expense. In determining whether an action would result in an

29  undue burden, a state agency shall consider all agency

30  resources that are available to the program or component for

31  

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    Florida Senate - 2006                            CS for SB 120
    585-2469-06




 1  which the product is being developed, procured, maintained, or

 2  used.

 3         (6)  "State agency" means any agency of the executive,

 4  legislative, or judicial branch of state government.

 5         282.603  Access to electronic and information

 6  technology for persons with disabilities; undue burden;

 7  limitations.--

 8         (1)  Each state agency shall develop, procure,

 9  maintain, and use accessible electronic information and

10  information technology acquired on or after July 1, 2006,

11  which conforms to the applicable provisions set forth by s.

12  508 of the Rehabilitation Act of 1973, as amended, and 29

13  U.S.C. 794(d), including the regulations set forth under 36

14  C.F.R. part 1194, except when compliance with this section

15  imposes an undue burden; however in such instance, a state

16  agency must provide individuals with disabilities with the

17  information and data involved by an alternative method of

18  access which allows the individual to use the information and

19  data.

20         (2)  This section does not require a state agency to

21  install specific accessibility-related software or attach an

22  assistive-technology device at a work station of a state

23  employee who is not an individual with a disability.

24         (3)  This section does not require a state agency, when

25  providing the public with access to information or data

26  through electronic information technology, to make products

27  owned by the state agency available for access and use by

28  individuals with disabilities at a location other than the

29  location at which the electronic information and information

30  technology are normally provided to the public, and this

31  section does not require a state agency to purchase products

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    Florida Senate - 2006                            CS for SB 120
    585-2469-06




 1  for access and use by individuals with disabilities at a

 2  location other than at the location where the electronic

 3  information and information technology are normally provided

 4  to the public.

 5         282.604  Adoption of rules.--The Department of

 6  Management Services shall, with input from stakeholders, adopt

 7  rules pursuant to ss. 120.536(1) and 120.54 for the

 8  development, procurement, maintenance, and use of accessible

 9  electronic information technology by governmental units.

10         282.605  Exceptions.--

11         (1)  This part does not apply to electronic information

12  and information technology of the Department of Military

13  Affairs or the Florida National Guard if the function,

14  operation, or use of the information or technology involves

15  intelligence activities or cryptologic activities related to

16  national security, the command and control of military forces,

17  equipment that is an integral part of a weapon or weapons

18  system, or systems that are critical to the direct fulfillment

19  of military or intelligence missions. Systems that are

20  critical to the direct fulfillment of military or intelligence

21  missions do not include a system that is used for routine

22  administrative and business applications, including, but not

23  limited to, payroll, finance, logistics, and

24  personnel-management applications.

25         (2)  This part does not apply to electronic information

26  and information technology of a state agency if the function,

27  operation, or use of the information or technology involves

28  criminal intelligence activities. Such activities do not

29  include information or technology that is used for routine

30  administrative and business applications, including, but not

31  

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    Florida Senate - 2006                            CS for SB 120
    585-2469-06




 1  limited to, payroll, finance, logistics, and

 2  personnel-management applications.

 3         (3)  This part does not apply to electronic information

 4  and information technology that is acquired by a contractor

 5  and that is incidental to the contract.

 6         (4)  This part applies to competitive solicitations

 7  issued or new systems developed by a state agency on or after

 8  July 1, 2006.

 9         282.606  Intent.--It is the intent of the Legislature

10  that, in construing this part, due consideration and great

11  weight be given to the interpretations of the federal courts

12  relating to comparable provisions of s. 508 of the

13  Rehabilitation Act of 1973, as amended, and 29 U.S.C. 794(d),

14  including the regulations set forth under 36 C.F.R. part 1194,

15  as of July 1, 2006.

16         Section 2.  This act shall take effect July 1, 2006.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                              SB 120

20                                 

21  The Committee Substitute provides that the act applies
    prospectively to new procurements issued after its effective
22  date. It provides specific technology exemptions when the
    applications affect criminal justice, military agencies, or
23  are incidental to vendor operations. It directs the Department
    of Management Services to engage in rule-making to implement
24  the act consistent with the requirements of federal law.

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26  

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31  

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