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3 | 3 | | HB 55 2022 |
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9 | 9 | | Page 1 of 7 |
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10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to the Assistive Technology Advisory 2 |
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16 | 16 | | Council; amending s. 413.407, F.S.; revising 3 |
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17 | 17 | | provisions relating to the membership of and 4 |
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18 | 18 | | appointments and reappointments to the Assistive 5 |
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19 | 19 | | Technology Advisory Council; requiring council members 6 |
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20 | 20 | | to select a chair from among the council membership; 7 |
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21 | 21 | | revising provisions relating to committees appointed 8 |
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22 | 22 | | to perform the council's functions; expanding the 9 |
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23 | 23 | | council's functions to include fundraising activities; 10 |
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24 | 24 | | providing an effective date. 11 |
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25 | 25 | | 12 |
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26 | 26 | | Be It Enacted by the Legislature of the State of Florida: 13 |
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27 | 27 | | 14 |
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28 | 28 | | Section 1. Section 413.407, Florida Statutes, is amended 15 |
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29 | 29 | | to read: 16 |
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30 | 30 | | 413.407 Assistive Technology Advisory Council. —There is 17 |
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31 | 31 | | created the Assistive Technology Advisory Council, responsible 18 |
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32 | 32 | | for ensuring consumer involvement in the creation, application, 19 |
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33 | 33 | | and distribution of technology -related assistance to and for 20 |
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34 | 34 | | persons who have disabilities. The council shall fulfill its 21 |
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35 | 35 | | responsibilities through statewide policy development, both 22 |
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36 | 36 | | state and federal legislative initiatives, advocacy at both the 23 |
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37 | 37 | | state and federal levels level, planning of statewide resource 24 |
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38 | 38 | | allocations, policy-level management, and reviews of both 25 |
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40 | 40 | | HB 55 2022 |
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46 | 46 | | Page 2 of 7 |
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47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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51 | 51 | | consumer responsiveness and the adequacy of program service 26 |
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52 | 52 | | delivery, and by performing the functions listed in this 27 |
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53 | 53 | | section. 28 |
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54 | 54 | | (1)(a) The council shall be composed of: 29 |
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55 | 55 | | 1. Persons Individuals who have disabilities and who are 30 |
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56 | 56 | | assistive technology consumers or famil y members or guardians of 31 |
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57 | 57 | | those persons individuals. 32 |
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58 | 58 | | 2. A representative Representatives of a consumer 33 |
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59 | 59 | | organization organizations concerned with assistive technology. 34 |
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60 | 60 | | 3. A representative Representatives of business and 35 |
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61 | 61 | | industry, including the insurance industry, concerned with 36 |
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62 | 62 | | assistive technology. 37 |
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63 | 63 | | 4. A representative of the Division of Vocational 38 |
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64 | 64 | | Rehabilitation. 39 |
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65 | 65 | | 5. A representative of the Division of Blind Services. 40 |
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66 | 66 | | 6. A representative of a center for independent living the 41 |
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67 | 67 | | Florida Independent Li ving Council. 42 |
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68 | 68 | | 7. A representative of CareerSource Florida, Inc. 43 |
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69 | 69 | | 8. A representative of the Department of Education. 44 |
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70 | 70 | | 9. A representative Representatives of any other state 45 |
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71 | 71 | | agency agencies that provides or coordinates provide or 46 |
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72 | 72 | | coordinate services for persons with disabilities , if requested 47 |
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73 | 73 | | by a majority vote of the council members . 48 |
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74 | 74 | | 49 |
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75 | 75 | | Total membership on the council may not exceed 27 at any one 50 |
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84 | 84 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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88 | 88 | | time. A majority of the members shall be appointed in accordance 51 |
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89 | 89 | | with subparagraph 1. 52 |
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90 | 90 | | (b) Members of the council shall be appointed by the 53 |
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91 | 91 | | Commissioner of Education from a list of candidates proposed by 54 |
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92 | 92 | | the division director. However, a member who is a representative 55 |
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93 | 93 | | of a state agency shall be appointed by the head of that state 56 |
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94 | 94 | | agency. 57 |
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95 | 95 | | (c) A majority of council members must shall be persons 58 |
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96 | 96 | | who have disabilities as defined in s. 413.20 and s. 413.20(7) 59 |
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97 | 97 | | who are also consumers of assistive technology or family members 60 |
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98 | 98 | | or guardians of such persons. 61 |
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99 | 99 | | (d) Members of the council must be geogr aphically 62 |
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100 | 100 | | representative of the state and reflect the diversity of the 63 |
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101 | 101 | | state's population with respect to race, ethnicity, gender, age, 64 |
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102 | 102 | | type of disability, and type of disability -related services and 65 |
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103 | 103 | | devices received. 66 |
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104 | 104 | | (e)(d) The members of the council sh all select a chair two 67 |
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105 | 105 | | co-chairs from among the membership of the council. 68 |
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106 | 106 | | 1. One co-chair may be selected from the group described 69 |
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107 | 107 | | in paragraph (c) and one co -chair shall be selected from the 70 |
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108 | 108 | | other council members. 71 |
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109 | 109 | | 2. The chair No co-chair may not be an elected member or 72 |
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110 | 110 | | an employee of a state agency or of any political subdivision of 73 |
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111 | 111 | | the state. 74 |
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112 | 112 | | (f)1.(e)1. Each member of the council shall serve for a 75 |
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121 | 121 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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125 | 125 | | term of not more than 3 years, except that a member appointed to 76 |
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126 | 126 | | fill a vacancy occurring before prior to the expiration of the 77 |
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127 | 127 | | term for which a predecessor was appointed shall be appointed 78 |
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128 | 128 | | for the remainder of such term. 79 |
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129 | 129 | | 2. A No member of the council may not serve more than two 80 |
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130 | 130 | | consecutive terms; however, any appointment under subparagraph 81 |
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131 | 131 | | 1., if for less than 18 months, is shall not be considered a 82 |
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132 | 132 | | term for the purposes of this section. 83 |
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133 | 133 | | 3. A member who has served two consecutive terms and has 84 |
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134 | 134 | | been retired from the council for at least 3 years 1 year may be 85 |
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135 | 135 | | reappointed to the council on the same b asis as a new member. 86 |
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136 | 136 | | (g)(f) Any vacancy occurring in the membership of the 87 |
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137 | 137 | | council shall be filled in the same manner as the original 88 |
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138 | 138 | | appointment. A vacancy does not affect the power of the 89 |
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139 | 139 | | remaining members to execute the duties of the council. 90 |
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140 | 140 | | (2) In addition to the other functions specified in this 91 |
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141 | 141 | | section, the council shall: 92 |
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142 | 142 | | (a) Act as the board of directors of a not -for-profit 93 |
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143 | 143 | | corporation created by the division. Through the corporation, 94 |
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144 | 144 | | the council shall provide direction to the Florida Florida's 95 |
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145 | 145 | | Alliance for Assistive Services and Technology, a project 96 |
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146 | 146 | | sponsored by the department for the coordination and delivery of 97 |
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147 | 147 | | appropriate, cost-effective, state-of-the-art assistive 98 |
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148 | 148 | | technology services and devices. 99 |
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149 | 149 | | (b) Appoint committees made up of membe rs of the council 100 |
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158 | 158 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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162 | 162 | | to focus on specific issues within the council's mandate. 101 |
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163 | 163 | | Committees may request and accept in -kind contributions of 102 |
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164 | 164 | | personnel from public or private entities to supply such 103 |
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165 | 165 | | staffing as the committees deem necessary to carry out their 104 |
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166 | 166 | | individual mandates. These committees shall include, but are not 105 |
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167 | 167 | | limited to: 106 |
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168 | 168 | | 1. Members who are representatives of state agencies 107 |
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169 | 169 | | serving on the committees An interagency committee composed of 108 |
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170 | 170 | | those members representing state agencies. The interagency 109 |
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171 | 171 | | committee shall work towards the development of cooperative 110 |
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172 | 172 | | agreements among government agencies and perform such other 111 |
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173 | 173 | | duties as the council deems appropriate. 112 |
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174 | 174 | | 2. Members who are representatives of state agencies 113 |
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175 | 175 | | serving on the committees The interagency committee's members 114 |
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176 | 176 | | shall assign staff from their respective agencies to the 115 |
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177 | 177 | | alliance, as an in-kind contribution for a specified period of 116 |
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178 | 178 | | time, to review federal and state legislation and agency 117 |
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179 | 179 | | policies and practices and to identify both facilitators of, a nd 118 |
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180 | 180 | | barriers to, accessibility and utilization of assistive 119 |
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181 | 181 | | technology services, devices, and funding sources. 120 |
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182 | 182 | | 2. A technology-awareness committee to guide the council's 121 |
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183 | 183 | | public awareness, coordination, and collaboration activities. 122 |
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184 | 184 | | 3. A public policy an d advocacy committee to review 123 |
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185 | 185 | | federal and state legislation and agency policies and practices 124 |
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186 | 186 | | and to identify facilitators of and barriers to access and 125 |
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195 | 195 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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199 | 199 | | utilization of assistive technology services, devices, and 126 |
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200 | 200 | | funding sources. 127 |
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201 | 201 | | (c) Review and approve a ll reports, recommendations, and 128 |
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202 | 202 | | proposed actions of committee staff. 129 |
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203 | 203 | | (d) Appoint the executive director of the alliance who is. 130 |
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204 | 204 | | The executive director shall be responsible for the overall 131 |
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205 | 205 | | administration and day -to-day direction of the alliance, 132 |
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206 | 206 | | including the as well as supervision of all staff. 133 |
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207 | 207 | | (e) Annually review and approve the strategic or business 134 |
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208 | 208 | | plan of the alliance, as submitted by the executive director. 135 |
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209 | 209 | | (f) Submit an annual comprehensive report of the 136 |
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210 | 210 | | activities of the council, the corporati on, and the alliance to 137 |
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211 | 211 | | the division director. 138 |
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212 | 212 | | (g) Perform such other functions, including fundraising 139 |
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213 | 213 | | activities, as the council determines to be appropriate which 140 |
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214 | 214 | | are comparable to functions performed by the council. 141 |
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215 | 215 | | (h) Convene at least four meeting s each year in locations 142 |
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216 | 216 | | that such places as it determines to be necessary to conduct 143 |
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217 | 217 | | council business and may conduct such forums or hearings as it 144 |
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218 | 218 | | the council considers appropriate. The council shall make a 145 |
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219 | 219 | | report of each meeting which must contain shall include a record 146 |
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220 | 220 | | of its discussions and recommendations and must , all of which 147 |
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221 | 221 | | reports shall be made available to the public. 148 |
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222 | 222 | | (3) In accordance with Pub. L. No. 108 -364, the council 149 |
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223 | 223 | | shall: 150 |
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232 | 232 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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236 | 236 | | (a) Investigate financing options that will increase 151 |
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237 | 237 | | access to and funding for assistive technology devices and 152 |
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238 | 238 | | assistive technology services. 153 |
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239 | 239 | | (b) Develop assistive technology demonstrations, 154 |
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240 | 240 | | reutilization programs, and loan programs. 155 |
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241 | 241 | | (c) Provide training and technical assistance in order to 156 |
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242 | 242 | | increase knowledge a nd awareness of the uses and benefits of 157 |
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243 | 243 | | assistive technology devices and assistive technology services. 158 |
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244 | 244 | | (d) Promote public awareness activities designed to 159 |
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245 | 245 | | provide information relating to the benefits of assistive 160 |
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246 | 246 | | technology devices and assistive techno logy services. 161 |
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247 | 247 | | (e) Promote coordination and collaboration among public 162 |
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248 | 248 | | and private entities that are responsible for policies, 163 |
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249 | 249 | | procedures, or funding for the provision of assistive technology 164 |
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250 | 250 | | devices and assistive technology services. 165 |
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251 | 251 | | Section 2. This act shall take effect July 1, 2022. 166 |
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