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
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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.
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25 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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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
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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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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
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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.
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18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 SB 120
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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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