Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2012
                        Barcode 433254
                            CHAMBER ACTION
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       04/25/2006 09:49 PM         .                    
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11  The Committee on Judiciary (Baker) recommended the following
12  amendment to amendment (974712):
13  
14         Senate Amendment (with title amendment) 
15         On page 139, between lines 6 and 7,
16  
17  insert:  
18         Section 73.  Part III of chapter 282, Florida Statutes,
19  consisting of sections 282.601, 282.602, 282.603, 282.604,
20  282.605, and 282.606, is created to read:
21                             PART III
22           ACCESSIBILITY OF INFORMATION AND TECHNOLOGY
23         282.601  Accessibility of electronic information and
24  information technology.--
25         (1)  In order to improve the accessibility of
26  electronic information and information technology and increase
27  the successful education, employment, access to governmental
28  information and services, and involvement in community life,
29  the executive, legislative, and judicial branches of state
30  government shall, when developing, competitively procuring,
31  maintaining, or using electronic information or information
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    1:23 PM   04/24/06                           s2012c1c-ju20-k0g

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2012 Barcode 433254 1 technology acquired on or after July 1, 2006, ensure that 2 state employees with disabilities have access to and are 3 provided with information and data comparable to the access 4 and use by state employees who are not individuals with 5 disabilities, unless an undue burden would be imposed on the 6 agency. 7 (2) Individuals with disabilities who are members of 8 the public seeking information or services from state agencies 9 that are subject to this part shall be provided with access to 10 and use of information and data comparable to that provided to 11 the public who are not individuals with disabilities, unless 12 an undue burden would be imposed on the agency. 13 282.602 Definitions.--As used in this part, the term: 14 (1) "Accessible electronic information and information 15 technology" means electronic information and information 16 technology that conforms to the standards for accessible 17 electronic information and information technology as set forth 18 by s. 508 of the Rehabilitation Act of 1973, as amended, and 19 29 U.S.C. 794(d), including the regulations set forth under 36 20 C.F.R. part 1194. 21 (2) "Alternate methods" means a different means of 22 providing information to people with disabilities, including 23 product documentation. The term includes, but is not limited 24 to, voice, facsimile, relay service, TTY, Internet posting, 25 captioning, text-to-speech synthesis, and audio description. 26 (3) "Electronic information and information 27 technology" includes information technology and any equipment 28 or interconnected system or subsystem of equipment which is 29 used in creating, converting, or duplicating data or 30 information. The term includes, but is not limited to, 31 telecommunications products such as telephones, information 2 1:23 PM 04/24/06 s2012c1c-ju20-k0g
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2012 Barcode 433254 1 kiosks and transaction machines, Internet web sites, 2 multimedia systems, and office equipment such as copiers and 3 facsimile machines. The term does not include any equipment 4 that contains embedded information technology that is an 5 integral part of the product if the principal function of the 6 technology is not the acquisition, storage, manipulation, 7 management, movement, control, display, switching, 8 interchange, transmission, or reception of data or 9 information. 10 (4) "Information technology" means any equipment or 11 interconnected system or subsystem of equipment which is used 12 in the automatic acquisition, storage, manipulation, 13 management, movement, control, display, switching, 14 interchange, transmission, or reception of data or 15 information. The term includes computers, ancillary equipment, 16 software, firmware and similar procedures, services and 17 support services, and related resources. 18 (5) "Undue burden" means significant difficulty or 19 expense. In determining whether an action would result in an 20 undue burden, a state agency shall consider all agency 21 resources that are available to the program or component for 22 which the product is being developed, procured, maintained, or 23 used. 24 (6) "State agency" means any agency of the executive, 25 legislative, or judicial branch of state government. 26 282.603 Access to electronic and information 27 technology for persons with disabilities; undue burden; 28 limitations.-- 29 (1) Each state agency shall develop, procure, 30 maintain, and use accessible electronic information and 31 information technology acquired on or after July 1, 2006, that 3 1:23 PM 04/24/06 s2012c1c-ju20-k0g
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2012 Barcode 433254 1 conforms to the applicable provisions set forth by s. 508 of 2 the Rehabilitation Act of 1973, as amended, and 29 U.S.C. 3 794(d), including the regulations set forth under 36 C.F.R. 4 part 1194, except when compliance with this section imposes an 5 undue burden; however in such instance, a state agency must 6 provide individuals with disabilities with the information and 7 data involved by an alternative method of access which allows 8 the individual to use the information and data. 9 (2) This section does not require a state agency to 10 install specific accessibility-related software or attach an 11 assistive-technology device at a work station of a state 12 employee who is not an individual with a disability. 13 (3) This section does not require a state agency, when 14 providing the public with access to information or data 15 through electronic information technology, to make products 16 owned by the state agency available for access and use by 17 individuals with disabilities at a location other than the 18 location at which the electronic information and information 19 technology are normally provided to the public, and this 20 section does not require a state agency to purchase products 21 for access and use by individuals with disabilities at a 22 location other than at the location where the electronic 23 information and information technology are normally provided 24 to the public. 25 282.604 Adoption of rules.--The Department of 26 Management Services shall, with input from stakeholders, adopt 27 rules pursuant to ss. 120.536(1) and 120.54 for the 28 development, procurement, maintenance, and use of accessible 29 electronic information technology by governmental units. 30 282.605 Exceptions.-- 31 (1) This part does not apply to electronic information 4 1:23 PM 04/24/06 s2012c1c-ju20-k0g
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2012 Barcode 433254 1 and information technology of the Department of Military 2 Affairs or the Florida National Guard if the function, 3 operation, or use of the information or technology involves 4 intelligence activities or cryptologic activities related to 5 national security, the command and control of military forces, 6 equipment that is an integral part of a weapon or weapons 7 system, or systems that are critical to the direct fulfillment 8 of military or intelligence missions. Systems that are 9 critical to the direct fulfillment of military or intelligence 10 missions do not include a system that is used for routine 11 administrative and business applications, including, but not 12 limited to, payroll, finance, logistics, and 13 personnel-management applications. 14 (2) This part does not apply to electronic information 15 and information technology of a state agency if the function, 16 operation, or use of the information or technology involves 17 criminal intelligence activities. Such activities do not 18 include information or technology that is used for routine 19 administrative and business applications, including, but not 20 limited to, payroll, finance, logistics, and 21 personnel-management applications. 22 (3) This part does not apply to electronic information 23 and information technology that is acquired by a contractor 24 and that is incidental to the contract. 25 (4) This part applies to competitive solicitations 26 issued or new systems developed by a state agency on or after 27 July 1, 2006. 28 282.606 Intent.--It is the intent of the Legislature 29 that, in construing this part, due consideration and great 30 weight be given to the interpretations of the federal courts 31 relating to comparable provisions of s. 508 of the 5 1:23 PM 04/24/06 s2012c1c-ju20-k0g
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2012 Barcode 433254 1 Rehabilitation Act of 1973, as amended, and 29 U.S.C. 794(d), 2 including the regulations set forth under 36 C.F.R. part 1194, 3 as of July 1, 2006. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 148, line 8, after the semicolon, 11 12 insert: 13 creating part III of ch. 282, F.S.; requiring 14 that the executive, legislative, and judicial 15 branches of state government provide to 16 individuals with disabilities access to and use 17 of information and data that is comparable to 18 the information and data provided to 19 individuals who do not have disabilities; 20 providing certain exceptions; providing 21 definitions; requiring that each state agency 22 use accessible electronic information and 23 information technology that conforms with 24 specified provisions of federal law; providing 25 certain exceptions; requiring the Department of 26 Management Services to adopt rules; providing 27 an exception for electronic information and 28 information technology involving military 29 activities or criminal intelligence activities; 30 specifying that the act applies to competitive 31 solicitations; providing legislative intent; 6 1:23 PM 04/24/06 s2012c1c-ju20-k0g