| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to accessible electronic and information |
| 7 | technology for persons with disabilities; amending s. |
| 8 | 20.22, F.S.; changing the State Technology Office to the |
| 9 | Information Technology Services Program and the Florida |
| 10 | Accessible Electronic and Information Technology Office; |
| 11 | creating part III of chapter 282, F.S., consisting of ss. |
| 12 | 282.601, 282.602, 282.603, 282.604, 282.605, 282.606, |
| 13 | 282.607, 282.608, 282.609, and 282.6095, F.S.; providing a |
| 14 | part title; providing a short title; providing a general |
| 15 | state policy; providing definitions; providing |
| 16 | requirements and procedures for governmental agencies in |
| 17 | providing access to electronic and information technology |
| 18 | for persons with disabilities; providing an undue burden |
| 19 | exception; providing standards applicable to electronic |
| 20 | and information technology; specifying technical |
| 21 | standards, specifications, criteria, and requirements for |
| 22 | software applications and operating systems, web-based |
| 23 | intranet and Internet information and applications, |
| 24 | telecommunications products, video and multimedia |
| 25 | products, self-contained closed products, and desktop and |
| 26 | portable computers; specifying function performance |
| 27 | requirements and criteria; specifying requirements for |
| 28 | information, documentation, and support; creating the |
| 29 | Florida Accessible Electronic and Information Technology |
| 30 | Office in the Department of Management Services; providing |
| 31 | purposes; providing powers and duties of the office; |
| 32 | authorizing the office to adopt rules; specifying special |
| 33 | requirements for existing electronic and information |
| 34 | technology; requiring the department to assess the |
| 35 | MyFlorida MarketPlace procurement system and the |
| 36 | PeopleFirst human resource enterprise for compliance with |
| 37 | electronic and information technology requirements for |
| 38 | persons with disabilities; specifying additional |
| 39 | compliance requirements; requiring governmental units to |
| 40 | provide annual compliance reports to the office; |
| 41 | specifying report requirements; requiring the office to |
| 42 | provide an annual report to the Governor and Legislature; |
| 43 | specifying report requirements; specifying requirements |
| 44 | for judicial interpretation of standards; providing |
| 45 | application exceptions; providing an appropriation; |
| 46 | providing an effective date. |
| 47 |
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| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
|
| 50 | Section 1. Paragraph (b) of subsection (2) of section |
| 51 | 20.22, Florida Statutes, is amended to read: |
| 52 | 20.22 Department of Management Services.--There is created |
| 53 | a Department of Management Services. |
| 54 | (2) The following divisions and programs within the |
| 55 | Department of Management Services are established: |
| 56 | (b)1. Information State Technology Services Program. |
| 57 | 2. Florida Accessible Electronic and Information |
| 58 | Technology Office. |
| 59 | Section 2. Part III of chapter 282, Florida Statutes, |
| 60 | consisting of sections 282.601-282.6095, is created, to be |
| 61 | entitled "Accessible Electronic and Information Technology." |
| 62 | Section 3. Section 282.601, Florida Statutes, is created |
| 63 | to read: |
| 64 | 282.601 Short title.--This act may be cited as the |
| 65 | "Florida Accessible Electronic and Information Technology Law." |
| 66 | Section 4. Section 282.602, Florida Statutes, is created |
| 67 | to read: |
| 68 | 282.602 General state policy on accessible electronic and |
| 69 | information technology for persons with disabilities.--It is the |
| 70 | policy of this state that to improve access to electronic and |
| 71 | information technology maintained by the state and, therefore, |
| 72 | to increase educational, employment, and procurement |
| 73 | opportunities for persons with disabilities, governmental units, |
| 74 | when developing, procuring, maintaining, or using electronic and |
| 75 | information technology, shall ensure that persons with |
| 76 | disabilities have access to and use of information and data that |
| 77 | is comparable to the access and use by members of the public who |
| 78 | are not persons with disabilities, unless an undue burden would |
| 79 | be imposed on a governmental unit. |
| 80 | Section 5. Section 282.603, Florida Statutes, is created |
| 81 | to read: |
| 82 | 282.603 Definitions.--As used in this part: |
| 83 | (1) "Alternate formats" means formats usable by persons |
| 84 | with disabilities. Alternate formats may include, but are not |
| 85 | limited to, Braille, American Standard Code for Information |
| 86 | Interchange (ASCII) text, large print, recorded audio, and |
| 87 | electronic formats that comply with this part. |
| 88 | (2) "Alternate methods" means providing information, |
| 89 | including, but not limited to, product documentation, to persons |
| 90 | with disabilities by different means. Alternate methods may |
| 91 | include, but are not limited to, voice, facsimile, relay |
| 92 | service, TTY, Internet posting, captioning, text-to-speech |
| 93 | synthesis, and audio description. |
| 94 | (3) "Assistive technology" means any item, piece of |
| 95 | equipment, or system, whether acquired commercially, modified, |
| 96 | or customized, that is commonly used to increase, maintain, or |
| 97 | improve functional capabilities of persons with disabilities. |
| 98 | (4) "Compliance" means ensuring that persons with |
| 99 | disabilities have access to and use of information and data that |
| 100 | is comparable to the access and use by members of the public who |
| 101 | are not persons with disabilities, unless an undue burden would |
| 102 | be imposed on the governmental unit. |
| 103 | (5) "Department" means the Department of Management |
| 104 | Services. |
| 105 | (6) "Electronic and information technology" means |
| 106 | information technology and any equipment or interconnected |
| 107 | system or subsystem of equipment that is used in the creation, |
| 108 | conversion, or duplication of data or information, including, |
| 109 | but not limited to, telecommunications products such as |
| 110 | telephones, information kiosks and transaction machines, |
| 111 | Internet websites, multimedia, and office equipment such as |
| 112 | copiers and facsimile machines. The term does not include any |
| 113 | equipment that contains embedded information technology that is |
| 114 | used as an integral part of the product but the principal |
| 115 | function of which is not the acquisition, storage, manipulation, |
| 116 | management, movement, control, display, switching, interchange, |
| 117 | transmission, or reception of data or information. |
| 118 | (7) "Governmental unit" means any agency of the executive, |
| 119 | legislative, or judicial branches of state government and any |
| 120 | divisions or subunits of such branches. |
| 121 | (8) "Information technology" means any equipment or |
| 122 | interconnected system or subsystem of equipment that is used in |
| 123 | the automatic acquisition, storage, manipulation, management, |
| 124 | movement, control, display, switching, interchange, |
| 125 | transmission, or reception of data or information. The term |
| 126 | includes computers, ancillary equipment, software, firmware and |
| 127 | similar procedures, services, including, but not limited to, |
| 128 | support services and related resources. |
| 129 | (9) "Office" means the Florida Accessible Electronic and |
| 130 | Information Technology Office established within the Department |
| 131 | of Management Services. |
| 132 | (10) "Operable controls" means a component of a product |
| 133 | that requires physical contact for normal operation. Operable |
| 134 | controls include, but are not limited to, mechanically operated |
| 135 | controls, input and output trays, card slots, keyboards, or |
| 136 | keypads. |
| 137 | (11) "Product" means electronic and information |
| 138 | technology. |
| 139 | (12) "Self-contained, closed products" means products that |
| 140 | generally have embedded software and are commonly designed in |
| 141 | such a fashion that a user cannot easily attach or install |
| 142 | assistive technology. These products include, but are not |
| 143 | limited to, information kiosks and information transaction |
| 144 | machines, copiers, printers, calculators, facsimile machines, |
| 145 | and other similar types of equipment. |
| 146 | (13) "Telecommunications" means the transmission, between |
| 147 | or among points specified by the user, of information of the |
| 148 | user's choosing without any change in the form or content of the |
| 149 | information as sent and received. |
| 150 | (14) "TTY" or "teletypewriter" means machinery or |
| 151 | equipment that employs interactive text based communications |
| 152 | through the transmission of coded signals across a telephone |
| 153 | network. TTYs may include, but are not limited to, devices known |
| 154 | as TDDs or telecommunication display devices or |
| 155 | telecommunication devices for deaf persons, computers with |
| 156 | special modems, or text telephones. |
| 157 | (15) "Undue burden" means significant difficulty or |
| 158 | expense. In determining whether an action would result in an |
| 159 | undue burden, a governmental unit shall consider all resources |
| 160 | available to the program or component for which the product is |
| 161 | being developed, procured, maintained, or used. |
| 162 | Section 6. Section 282.604, Florida Statutes, is created |
| 163 | to read: |
| 164 | 282.604 Access to electronic and information technology |
| 165 | for persons with disabilities; undue burden; limitations.-- |
| 166 | (1) Each governmental unit shall develop, procure, |
| 167 | maintain, and use accessible electronic and information |
| 168 | technology when conducting any activities relating to access and |
| 169 | use of electronic information and technology unless an undue |
| 170 | burden would be imposed on the governmental unit. |
| 171 | (a) When procuring electronic and information technology |
| 172 | resources, each governmental unit shall procure those products |
| 173 | that comply with the accessibility standards provided in s. |
| 174 | 282.605 when such products are available in the commercial |
| 175 | marketplace or when such products are developed in response to a |
| 176 | solicitation. A governmental unit cannot claim a product as a |
| 177 | whole if it is not commercially available because no available |
| 178 | product meets all of the accessibility standards. If products |
| 179 | are commercially available that meet some but not all of such |
| 180 | accessibility standards, the governmental unit shall procure the |
| 181 | product that best meets such accessibility standards. |
| 182 | (b) Each governmental unit procuring electronic and |
| 183 | information technology shall include language in its |
| 184 | solicitations and contracts requiring vendors to provide such |
| 185 | products as electronic and information technology resources. |
| 186 | (c) Each governmental unit, in consultation with the |
| 187 | office, shall educate and train its information technology |
| 188 | personnel, employees and public employees on its information |
| 189 | technology system. |
| 190 | (d) Each governmental unit, in consultation with the |
| 191 | office, shall obtain the primary technical capability and |
| 192 | ongoing user support necessary to implement this part. |
| 193 | (2) When compliance with the provisions of subsection (1) |
| 194 | imposes an undue burden, each governmental unit shall provide |
| 195 | persons with disabilities with the information and data involved |
| 196 | by an alternative method that allows the individual to use the |
| 197 | information and data. |
| 198 | (3) When procuring a product, if a governmental unit |
| 199 | determines that compliance with any provision of this part |
| 200 | imposes an undue burden, the documentation by the governmental |
| 201 | unit supporting the procurement shall explain why and to what |
| 202 | extent compliance with each such provision creates an undue |
| 203 | burden. |
| 204 | (4) Except as provided in s. 282.609(2), this part applies |
| 205 | to electronic and information technology developed, procured, |
| 206 | maintained, or used by governmental units directly or used by a |
| 207 | contractor under a contract with a governmental unit that |
| 208 | requires the use of such product or requires the use to a |
| 209 | significant extent of such product in the performance of a |
| 210 | service or the furnishing of a product. |
| 211 | (5) Nothing in this part is intended to prevent the use of |
| 212 | designs or technologies as alternatives to those prescribed in |
| 213 | this part provided such designs or technologies result in |
| 214 | substantially equivalent or greater access to and use of a |
| 215 | product for persons with disabilities. |
| 216 | Section 7. Section 282.605, Florida Statutes, is created |
| 217 | to read: |
| 218 | 282.605 Standards applicable to electronic and information |
| 219 | technology.--The following standards shall apply to the |
| 220 | development, procurement, maintenance, and use of electronic and |
| 221 | information technology: |
| 222 | (1) TECHNICAL STANDARDS.-- |
| 223 | (a) Software applications and operating systems.-- |
| 224 | 1. When software is designed to run on a system that has a |
| 225 | keyboard, product functions shall be executable from a keyboard |
| 226 | such that the function itself or the result of performing a |
| 227 | function can be discerned textually. |
| 228 | 2. Applications may not disrupt or disable activated |
| 229 | features of other products that are identified as accessibility |
| 230 | features if those features are developed and documented |
| 231 | according to industry standards. Applications also may not |
| 232 | disrupt or disable activated features of any operating system |
| 233 | that are identified as accessibility features if the application |
| 234 | programming interface for those accessibility features has been |
| 235 | documented by the manufacturer of the operating system and is |
| 236 | available to the product developer. |
| 237 | 3. A well-defined on-screen indication of the current |
| 238 | focus shall be provided that moves among interactive interface |
| 239 | elements as the input focus changes. The focus shall be |
| 240 | programmatically exposed so that assistive technology can track |
| 241 | focus and focus changes. |
| 242 | 4. Sufficient information about a user interface element, |
| 243 | including, but not limited to, the identity, operation, and |
| 244 | state of the element, shall be available to assistive |
| 245 | technology. When an image represents a program element, the |
| 246 | information conveyed by the image must also be available in |
| 247 | text. |
| 248 | 5. When bitmap images are used to identify controls, |
| 249 | status indicators, or other programmatic elements, the meaning |
| 250 | assigned to those images shall be consistent throughout an |
| 251 | application's performance. |
| 252 | 6. Textual information shall be provided through operating |
| 253 | system functions for displaying text. The minimum information |
| 254 | that shall be made available is text content, text input caret |
| 255 | location, and text attributes. |
| 256 | 7. Applications shall not override user selected contrast |
| 257 | and color selections and other individual display attributes. |
| 258 | 8. When animation is displayed, the information shall be |
| 259 | displayable in at least one nonanimated presentation mode at the |
| 260 | option of the user. |
| 261 | 9. Color coding shall not be used as the only means of |
| 262 | conveying information, indicating an action, prompting a |
| 263 | response, or distinguishing a visual element. |
| 264 | 10. When a product permits a user to adjust color and |
| 265 | contrast settings, a variety of color selections capable of |
| 266 | producing a range of contrast levels shall be provided. |
| 267 | 11. Software shall not use flashing or blinking text, |
| 268 | objects, or other elements having a flash or blink frequency |
| 269 | greater than 2 hertz and lower than 55 hertz. |
| 270 | 12. When electronic forms are used, the form shall allow |
| 271 | people using assistive technology to access the information, |
| 272 | field elements, and functionality required for completion and |
| 273 | submission of the form, including all directions and cues. |
| 274 | (b) Web-based intranet and Internet information and |
| 275 | applications.-- |
| 276 | 1. A text equivalent for every nontext element shall be |
| 277 | provided, for example, via "alt," "longdesc," or in element |
| 278 | content. |
| 279 | 2. Equivalent alternatives for any multimedia presentation |
| 280 | shall be synchronized with the presentation. |
| 281 | 3. Web pages shall be designed so that all information |
| 282 | conveyed with color is also available without color, for |
| 283 | example, from context or markup. |
| 284 | 4. Documents shall be organized to be readable without |
| 285 | requiring an associated style sheet. |
| 286 | 5. Redundant text links shall be provided for each active |
| 287 | region of a server-side image map. |
| 288 | 6. Client-side image maps shall be provided instead of |
| 289 | server-side image maps except when the regions cannot be defined |
| 290 | by an available geometric shape. |
| 291 | 7. Row and column headers shall be identified for data |
| 292 | tables. |
| 293 | 8. Markup shall be used to associate data cells and header |
| 294 | cells for data tables that have two or more logical levels of |
| 295 | row or column headers. |
| 296 | 9. Frames shall be titled with text that facilitates frame |
| 297 | identification and navigation. |
| 298 | 10. Pages shall be designed to avoid causing the screen to |
| 299 | flicker with a frequency greater than 2 hertz and lower than 55 |
| 300 | hertz. |
| 301 | 11. A text-only page, with equivalent information or |
| 302 | functionality, shall be provided to make a website comply with |
| 303 | the provisions of this part when compliance cannot be |
| 304 | accomplished any other way. The content of the text-only page |
| 305 | shall be updated whenever the primary page changes. |
| 306 | 12. When pages use scripting languages to display content |
| 307 | or create interface elements, the information provided by the |
| 308 | script shall be identified with functional text that can be read |
| 309 | by assistive technology. |
| 310 | 13. When a web page requires that an applet, plug-in, or |
| 311 | other application be present on the client system to interpret |
| 312 | page content, the page must provide a link to a plug-in or |
| 313 | applet that complies with subparagraphs 1.-12. |
| 314 | 14. When electronic forms are designed to be completed on- |
| 315 | line, the form shall allow people using assistive technology to |
| 316 | access the information, field elements, and functionality |
| 317 | required for completion and submission of the form, including |
| 318 | all directions and cues. |
| 319 | 15. A method shall be provided that permits users to skip |
| 320 | repetitive navigation links. |
| 321 | 16. When a timed response is required, the user shall be |
| 322 | alerted and given sufficient time to indicate more time is |
| 323 | required. |
| 324 | (c) Telecommunications products.-- |
| 325 | 1. Telecommunications products or systems that provide a |
| 326 | function allowing voice communication but do not provide a TTY |
| 327 | functionality shall provide a standard nonacoustic connection |
| 328 | point for TTYs. Microphones shall be capable of being turned on |
| 329 | and off to allow the user to intermix speech with TTY use. |
| 330 | 2. Telecommunications products that include voice |
| 331 | communication functionality shall support all commonly used |
| 332 | cross-manufacturer nonproprietary standard TTY signal protocols. |
| 333 | 3. Voice mail, auto-attendant, and interactive voice |
| 334 | response telecommunications systems shall be usable by TTY users |
| 335 | with their TTYs. |
| 336 | 4. Voice mail, messaging, auto-attendant, and interactive |
| 337 | voice response telecommunications systems that require a |
| 338 | response from a user within a time interval shall give an alert |
| 339 | when the time interval is about to run out and shall provide |
| 340 | sufficient time for the user to indicate more time is required. |
| 341 | 5. If provided, caller identification and similar |
| 342 | telecommunications functions shall also be available for users |
| 343 | of TTYs and users who cannot see displays. |
| 344 | 6. For transmitted voice signals, telecommunications |
| 345 | products shall provide a gain adjustable up to a minimum of 20 |
| 346 | dB. For incremental volume control, at least one intermediate |
| 347 | step of 12 dB of gain shall be provided. |
| 348 | 7. If the telecommunications product allows a user to |
| 349 | adjust the receive volume, a function shall be provided to |
| 350 | automatically reset the volume to the default level after every |
| 351 | use. |
| 352 | 8. If a telecommunications product delivers output by an |
| 353 | audio transducer that is normally held up to the ear, a means |
| 354 | for effective magnetic wireless coupling to hearing technologies |
| 355 | shall be provided. |
| 356 | 9. Interference with hearing technologies, including, but |
| 357 | not limited to, hearing aids, cochlear implants, and assistive |
| 358 | listening devices, shall be reduced to the lowest possible level |
| 359 | that allows a user of hearing technologies to use the |
| 360 | telecommunications product. |
| 361 | 10. Products that transmit or conduct information or |
| 362 | communication shall comply with cross-manufacturer, |
| 363 | nonproprietary, industry-standard codes, translation protocols, |
| 364 | formats, or other codes, protocols, or formats necessary to |
| 365 | provide the information or communication in a usable format. |
| 366 | Technologies that use encoding, signal compression, format |
| 367 | transformation, or similar techniques shall not remove |
| 368 | information needed for access or shall restore such information |
| 369 | upon delivery. |
| 370 | 11. Products that have mechanically operated controls or |
| 371 | keys shall comply with the following: |
| 372 | a. Controls and keys shall be tactilely discernible |
| 373 | without activating the controls or keys. |
| 374 | b. Controls and keys shall be operable with one hand and |
| 375 | shall not require tight grasping, pinching, or twisting of the |
| 376 | wrist. The force required to activate controls and keys shall be |
| 377 | 5 pounds-force (22.24 newtons) maximum. |
| 378 | c. If key repeat is supported, the delay before repeat |
| 379 | shall be adjustable to at least 2 seconds. Key repeat rate shall |
| 380 | be adjustable to 2 seconds per character. |
| 381 | d. The status of all locking or toggle controls or keys |
| 382 | shall be discernible through sight, touch, or sound. |
| 383 | (d) Video and multimedia products.-- |
| 384 | 1. All analog television displays 13 inches and larger and |
| 385 | computer equipment that includes analog television receiver or |
| 386 | display circuitry shall be equipped with caption decoder |
| 387 | circuitry that appropriately receives, decodes, and displays |
| 388 | closed captions from broadcast, cable, videotape, and digital |
| 389 | video disc signals. Widescreen digital television displays |
| 390 | measuring at least 7.8 inches vertically, digital television |
| 391 | sets with conventional displays measuring at least 13 inches |
| 392 | vertically, and stand-alone digital television tuners, whether |
| 393 | marketed with display screens, and computer equipment that |
| 394 | includes digital television receiver or display circuitry shall |
| 395 | be equipped with caption decoder circuitry that appropriately |
| 396 | receives, decodes, and displays closed captions from broadcast, |
| 397 | cable, videotape, and digital video disc signals. |
| 398 | 2. Television tuners, including tuner cards for use in |
| 399 | computers, shall be equipped with secondary audio program |
| 400 | playback circuitry. |
| 401 | 3. All training and informational video and multimedia |
| 402 | productions that support a governmental unit's mission, |
| 403 | regardless of format, that contain speech or other audio |
| 404 | information necessary for the comprehension of the content shall |
| 405 | be open or closed captioned. |
| 406 | 4. All training and informational video and multimedia |
| 407 | productions that support a governmental unit's mission, |
| 408 | regardless of format, that contain visual information necessary |
| 409 | for the comprehension of the content shall be audio described. |
| 410 | 5. Display or presentation of alternate text presentation |
| 411 | or audio descriptions shall be user selectable, unless |
| 412 | permanent. |
| 413 | (e) Self-contained, closed products.-- |
| 414 | 1. Self-contained products shall be usable by persons with |
| 415 | disabilities without requiring an end user to attach assistive |
| 416 | technology to the product. Personal headsets for private |
| 417 | listening are not assistive technology. |
| 418 | 2. If a timed response is required, the user shall be |
| 419 | alerted and given sufficient time to indicate more time is |
| 420 | required. |
| 421 | 3. If a product uses a touchscreen or contact-sensitive |
| 422 | controls, an input method shall be provided that complies with |
| 423 | subparagraph (c)11.. |
| 424 | 4. If biometric forms of user identification or control |
| 425 | are used, an alternative form of identification or activation |
| 426 | that does not require the user to possess particular biological |
| 427 | characteristics shall also be provided. |
| 428 | 5. If a product provides auditory output, the audio signal |
| 429 | shall be provided at a standard signal level through an industry |
| 430 | standard connector that will allow for private listening. The |
| 431 | product must provide the ability to interrupt, pause, and |
| 432 | restart the audio at any time. |
| 433 | 6. If a product delivers voice output in a public area, |
| 434 | incremental volume control shall be provided with output |
| 435 | amplification up to a level of at least 65 dB. If the ambient |
| 436 | noise level of the environment is above 45 dB, a volume gain of |
| 437 | at least 20 dB above the ambient level shall be user selectable. |
| 438 | A function shall be provided to automatically reset the volume |
| 439 | to the default level after each use. |
| 440 | 7. Color coding shall not be used as the only means of |
| 441 | conveying information, indicating an action, prompting a |
| 442 | response, or distinguishing a visual element. |
| 443 | 8. When a product permits a user to adjust color and |
| 444 | contrast settings, a range of color selections capable of |
| 445 | producing a variety of contrast levels shall be provided. |
| 446 | 9. Products shall be designed to avoid causing the screen |
| 447 | to flicker with a frequency greater than 2 hertz and lower than |
| 448 | 55 hertz. |
| 449 | 10. Products that are freestanding, nonportable, and |
| 450 | intended to be used in one location and that have operable |
| 451 | controls shall comply with the following: |
| 452 | a. The position of any operable control shall be |
| 453 | determined with respect to a vertical plane, which is 48 inches |
| 454 | in length, centered on the operable control, and at the maximum |
| 455 | protrusion of the product within the 48-inch length. |
| 456 | b. If any operable control is 10 inches or less behind the |
| 457 | reference plane, the height shall be 54 inches maximum and 15 |
| 458 | inches minimum above the floor. |
| 459 | c. If any operable control is more than 10 inches and not |
| 460 | more than 24 inches behind the reference plane, the height shall |
| 461 | be 46 inches maximum and 15 inches minimum above the floor. |
| 462 | d. Operable controls shall not be more than 24 inches |
| 463 | behind the reference plane. |
| 464 | (f) Desktop and portable computers.-- |
| 465 | 1. All mechanically operated controls and keys shall |
| 466 | comply with subparagraph (c)11. |
| 467 | 2. If a product uses a touch screen or touch-operated |
| 468 | controls, an input method shall be provided that complies with |
| 469 | subparagraph (c)11. |
| 470 | 3. If biometric forms of user identification or control |
| 471 | are used, an alternative form of identification or activation |
| 472 | that does not require the user to possess particular biological |
| 473 | characteristics shall also be provided. |
| 474 | 4. If provided, at least one of each type of expansion |
| 475 | slots, ports, and connectors shall comply with publicly |
| 476 | available industry standards. |
| 477 | (2) FUNCTION PERFORMANCE CRITERIA.-- |
| 478 | (a) At least one mode of operation and information |
| 479 | retrieval that does not require user vision shall be provided, |
| 480 | or support for assistive technology used by people who are blind |
| 481 | or visually impaired shall be provided. |
| 482 | (b) At least one mode of operation and information |
| 483 | retrieval that does not require visual acuity greater than 20/70 |
| 484 | shall be provided in audio and enlarged print output working |
| 485 | together or independently, or support for assistive technology |
| 486 | used by people who are visually impaired shall be provided. |
| 487 | (c) At least one mode of operation and information |
| 488 | retrieval that does not require user hearing shall be provided, |
| 489 | or support for assistive technology used by people who are deaf |
| 490 | or hard of hearing shall be provided. |
| 491 | (d) If audio information is important for the use of a |
| 492 | product, at least one mode of operation and information |
| 493 | retrieval shall be provided in an enhanced auditory fashion, or |
| 494 | support for assistive hearing devices shall be provided. |
| 495 | (e) At least one mode of operation and information |
| 496 | retrieval that does not require user speech shall be provided, |
| 497 | or support for assistive technology used by persons with |
| 498 | disabilities shall be provided. |
| 499 | (f) At least one mode of operation and information |
| 500 | retrieval that does not require fine motor control or |
| 501 | simultaneous actions and that is operable with limited reach and |
| 502 | strength shall be provided. |
| 503 | (3) INFORMATION, DOCUMENTATION, AND SUPPORT.-- |
| 504 | (a) Product support documentation provided to end users |
| 505 | shall be made available in alternate formats upon request, |
| 506 | without additional charge. |
| 507 | (b) End users shall have access to a description of the |
| 508 | accessibility and compatibility features of products in |
| 509 | alternate formats or alternate methods upon request, without |
| 510 | additional charge. |
| 511 | (c) Support services for products shall accommodate the |
| 512 | communication needs of end users with disabilities. |
| 513 | Section 8. Section 282.606, Florida Statutes, is created |
| 514 | to read: |
| 515 | 282.606 Florida Accessible Electronic and Information |
| 516 | Technology Office; powers and duties; rulemaking.-- |
| 517 | (1) The Florida Accessible Electronic and Information |
| 518 | Technology Office is established in the department to manage, |
| 519 | oversee, monitor, and provide technical assistance to |
| 520 | governmental units on the accessibility of electronic and |
| 521 | information technology. |
| 522 | (2) The office shall: |
| 523 | (a) Establish procedures and minimum requirements for |
| 524 | compliance testing by each governmental unit. |
| 525 | (b) Assist the department in establishing accessibility |
| 526 | procedures and minimum requirements for procurement consistent |
| 527 | with this part. |
| 528 | (c) Review governmental unit development activity and |
| 529 | practices to ensure their consistency with this part. |
| 530 | (d) Coordinate all government unit accessible electronic |
| 531 | and information technology practices. In performing this |
| 532 | function, the office shall monitor the review of governmental |
| 533 | unit annual reports and identify opportunities for coordination, |
| 534 | including, but not limited to, developing common coding |
| 535 | templates, working with the Chief Information Council to develop |
| 536 | joint projects, and facilitating networking among governmental |
| 537 | units. The office may conduct random testing to carry out its |
| 538 | responsibilities under this paragraph. |
| 539 | (e) Develop and disseminate educational and training |
| 540 | programs and materials designed to educate governmental unit |
| 541 | information technology personnel about this part, its |
| 542 | requirements, and compliance and accessibility testing. The |
| 543 | office shall ensure that chief information officers and |
| 544 | information technology coordinators shall receive mandatory |
| 545 | training on information technology accessibility compliance |
| 546 | annually. |
| 547 | (f) Develop and provide the technical assistance capacity |
| 548 | necessary to assist governmental units in implementing this |
| 549 | part. |
| 550 | (g) Develop a model for formal, clear, and accessible |
| 551 | procedures that governmental units shall follow to resolve |
| 552 | vendor, employee, and public complaints concerning |
| 553 | inaccessibility to electronic and information technology. In |
| 554 | performing this function, the office shall: |
| 555 | 1. Ensure that if complaints are not resolved at the |
| 556 | governmental unit level, the complainant may request assistance |
| 557 | from the office to seek a mutual resolution of the complaint. |
| 558 | 2. Encourage the use of mediation or alternative dispute |
| 559 | resolution whenever possible. |
| 560 | 3. Assist each branch of government in developing and |
| 561 | establishing procedures by which formal complaints may be made |
| 562 | and resolved. For the executive branch, challenges to |
| 563 | governmental unit final action shall be in accordance with |
| 564 | chapter 120. |
| 565 | (h) Adopt any rules pursuant to ss. 120.536(1) and 120.54 |
| 566 | necessary to administer, implement, and enforce this part. |
| 567 | (3) The office, in coordination with the governmental |
| 568 | units affected by this part, shall establish a framework and |
| 569 | criteria for prioritizing and phasing actions to promote |
| 570 | compliance with this part, to include: |
| 571 | (a) Criteria for prioritizing actions that focus on |
| 572 | milestones such as contract extensions, updates, and the |
| 573 | adoption of new versions of compliant software. |
| 574 | (b) Criteria to ensure accessibility improvements that |
| 575 | impact the most persons with disabilities. |
| 576 | Section 9. Section 282.607, Florida Statutes, is created |
| 577 | to read: |
| 578 | 282.607 Special requirements for existing electronic and |
| 579 | information technology.-- |
| 580 | (1) By November 1, 2006, the department and its service |
| 581 | providers, in cooperation with the office, shall jointly conduct |
| 582 | an assessment of the MyFlorida MarketPlace project procurement |
| 583 | system to be completed in time to prepare and estimate the cost |
| 584 | of a corrective action plan for consideration in the Governor's |
| 585 | budget for fiscal year 2007-2008. If funded, the department and |
| 586 | its service providers, in cooperation with the office, shall |
| 587 | work jointly to ensure that the MyFlorida MarketPlace project |
| 588 | procurement system, including any applicable elements of the |
| 589 | Aspire project web-based financial system, complies with the |
| 590 | requirements of this part by July 1, 2008. |
| 591 | (2) By November 1, 2006, the department and its service |
| 592 | providers, in cooperation with the office, shall jointly conduct |
| 593 | an assessment of the PeopleFirst project human resource |
| 594 | enterprise to be completed in time to prepare and estimate the |
| 595 | cost of a corrective action plan for consideration in the |
| 596 | Governor's budget for fiscal year 2007-2008. If funded, the |
| 597 | department and its service providers, in cooperation with the |
| 598 | office, shall work jointly to ensure that the PeopleFirst |
| 599 | project human resource enterprise, including any applicable |
| 600 | elements of the Aspire project web-based financial system, |
| 601 | complies with the requirements of this part by July 1, 2008. |
| 602 | (3) By July 1, 2007, the department, office, and |
| 603 | governmental units subject to this part shall ensure that |
| 604 | governmental unit specific web pages accessible through the |
| 605 | MyFlorida.com portal comply with the requirements of this part. |
| 606 | (4) By July 1, 2008, the department and its service |
| 607 | provides shall ensure that the Aspire project web-based |
| 608 | financial system complies with the requirements of this part. |
| 609 | Section 10. Section 282.608, Florida Statutes, is created |
| 610 | to read: |
| 611 | 282.608 Annual reports.-- |
| 612 | (1) Each governmental unit subject to this part shall |
| 613 | provide an annual report to the office by July 15 of each year |
| 614 | for the immediate past fiscal year. At a minimum, a governmental |
| 615 | unit's annual report shall include: |
| 616 | (a) A description of compliance testing results and any |
| 617 | action or plan designed to achieve greater compliance with this |
| 618 | part. |
| 619 | (b) A description of action taken to address compliance |
| 620 | issues. |
| 621 | (c) A description of compliance with procurement |
| 622 | requirements. |
| 623 | (d) A description of education and training activities |
| 624 | undertaken. |
| 625 | (e) A description of technical assistance efforts. |
| 626 | (f) A description of in-house development activities and |
| 627 | practices. |
| 628 | (g) A description of complaints received by a governmental |
| 629 | unit and disposition of the complaints. |
| 630 | (h) A description of needed compliance actions and |
| 631 | anticipated budgetary requirements to bring applications and |
| 632 | documentation into compliance by the applicable dates |
| 633 | established in this part. |
| 634 | (i) A detailed description of all instances in which a |
| 635 | governmental unit insists that an undue burden prevents |
| 636 | compliance with the requirements of this part, including an |
| 637 | explanation of why and to what extent compliance with this part |
| 638 | creates an undue burden and what alternative means of providing |
| 639 | access are available or may be used. |
| 640 | (2) The office shall provide a comprehensive annual report |
| 641 | of accessible electronic and information technology activities |
| 642 | by September 15 of each year for the immediate past fiscal year |
| 643 | to the Governor, the Speaker of the House of Representatives, |
| 644 | and the President of the Senate. At a minimum, the report shall |
| 645 | include findings from each governmental unit's annual report on |
| 646 | the governmental unit's efforts to ensure compliance with this |
| 647 | part and recommend encouragements or incentives necessary for |
| 648 | the development of new technologies to eliminate barriers and to |
| 649 | achieve the goal of providing reasonable access to electronic |
| 650 | and information technology to persons with disabilities. |
| 651 | Section 11. Section 282.609, Florida Statutes, is created |
| 652 | to read: |
| 653 | 282.609 Judicial interpretation of standards.--The |
| 654 | standards adopted by this part shall be judicially interpreted |
| 655 | in a manner consistent with the existing body of law developed |
| 656 | at the federal level interpreting section 508 of the |
| 657 | Rehabilitation Act of 1973, as amended, 29 U.S.C. 794(d), |
| 658 | including the regulations found at 36 C.F.R. part 1194. |
| 659 | Section 12. Section 282.6095, Florida Statutes, is created |
| 660 | to read: |
| 661 | 282.6095 Exceptions.-- |
| 662 | (1) The provisions of this part do not apply to any |
| 663 | electronic and information technology operated by the Department |
| 664 | of Military Affairs or the Florida National Guard, the function, |
| 665 | operation, or use of which involves intelligence activities, |
| 666 | cryptologic activities related to national security, command and |
| 667 | control of military forces, equipment that is an integral part |
| 668 | of a weapon or weapons system, or systems that are critical to |
| 669 | the direct fulfillment of military or intelligence missions. |
| 670 | Systems that are critical to the direct fulfillment of military |
| 671 | or intelligence missions do not include a system that is to be |
| 672 | used for routine administrative and business applications, |
| 673 | including, but not limited to, payroll, finance, logistics, and |
| 674 | personnel management applications. |
| 675 | (2) This part does not apply to any electronic and |
| 676 | information technology operated by governmental units, the |
| 677 | function, operation, or use of which involves criminal |
| 678 | intelligence activities, provided such systems are not used for |
| 679 | routine administrative and business applications, including, but |
| 680 | not limited to, payroll, finance, logistics, and personnel |
| 681 | management applications. |
| 682 | (3) This part does not apply to electronic and information |
| 683 | technology that is acquired by a contractor incidental to a |
| 684 | contract. |
| 685 | (4) Except as required to comply with the provisions of |
| 686 | this part, this part does not require the installation of |
| 687 | specific accessibility-related software or the attachment of an |
| 688 | assistive technology device at a workstation of a state employee |
| 689 | who is not a person with a disability. |
| 690 | (5) Except as otherwise provided in this section, |
| 691 | governmental units providing access to the public to information |
| 692 | or data through electronic and information technology shall not |
| 693 | be required to make products owned by the unit available for |
| 694 | access and use by persons with disabilities at a location other |
| 695 | than that at which the electronic and information technology is |
| 696 | provided to the public or to purchase products for access and |
| 697 | use by persons with disabilities at a location other than that |
| 698 | at which the electronic and information technology is provided |
| 699 | to the public. |
| 700 | (6) This part shall not be construed to require a |
| 701 | fundamental alteration in the nature of a product or its |
| 702 | components. |
| 703 | (7) Products located in spaces frequented only by service |
| 704 | personnel for maintenance, repair, or occasional monitoring of |
| 705 | equipment are not required to comply with this part. |
| 706 | Section 13. The sum of $1,050,068 in recurring funds and |
| 707 | $431,106 in nonrecurring funds is hereby appropriated from the |
| 708 | General Revenue Fund to the Department of Management Services, |
| 709 | and six full-time equivalent positions are authorized for the |
| 710 | purpose of improving access to state-maintained electronic and |
| 711 | information technology to increase educational, employment, and |
| 712 | procurement opportunities for persons with disabilities as |
| 713 | provided for in part III of chapter 282, Florida Statutes. The |
| 714 | Executive Office of the Governor shall place $219,278 and two |
| 715 | positions in reserve until such time as the Department of |
| 716 | Management Services submits an expenditure plan for approval to |
| 717 | the Executive Office of the Governor and the chair and vice |
| 718 | chair of the Legislative Budget Commission in accordance with |
| 719 | the provisions of s. 216.177, Florida Statutes. |
| 720 | Section 14. This act shall take effect July 1, 2006. |