The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education
BILL: SB 418
INTRODUCER: Senators Pizzo and Jones
SUBJECT: Assistive Technology Advisory Council
DATE: November 29, 2021
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Palazesi Bouck ED Pre-meeting
2. CM
3. RC
I. Summary:
SB 418 modifies the composition of the Florida Assistive Technology Advisory Council
(Council), which is responsible for the comprehensive statewide program of technology related
assistance for individuals with disabilities. The bill also:
Removes the maximum limit on Council membership and modifies requirements specifying
representation on the Council.
Requires the appointment of a single chair of the Council.
Modifies requirements for reappointments to the Council.
Removes the designation of specific committees.
Expands the Council’s functions to include fundraising activities.
The bill takes effect on July 1, 2022.
II. Present Situation:
Assistive technology helps people with disabilities live, work, learn and play as independently as
possible. Assistive technology is any device, item, gadget, tool, hardware, or software used to
increase, maintain, or improve the functional capabilities of both individuals of all ages who
have disabilities and older adults who may find a need for assistance. Assistive technology
provides people who have disabilities the option to access education and the workplace, to live
within their communities, and enjoy recreational activities.
1
1
Florida Alliance for Assistive Services & Technology, What is Assistive Technology (A.T.)? https://faast.org/ (last visited
Nov. 18, 2021).
REVISED: BILL: SB 418 Page 2
Federal Law
In 2004, the Assistive Technology Act of 1998 was amended by the Assistive Technology Act of
2004 (Act), to recognize the substantial progress that had been made in the development of
assistive technology devices that benefit individuals with disabilities.
2
The Act required the
Secretary of Education to support state grant programs that assist states in undertaking activities
for maintaining and strengthening a permanent comprehensive statewide program of technology
related assistance, for individuals with disabilities of all ages.
3
In addition, the Act required states
to establish advisory councils for the purpose of consumer-response and consumer-driven advice
to the state for planning of the implementation and evaluation of activities carried out through
the grants made available by the act.
4
The state implemented advisory council must be comprised of the following members:
5
Individuals with disabilities that use assistive technology or the family members or guardians
of the individuals;
A representative of a state center for Independent living;
A representative of the state workforce development board established under section 101 of
the Workforce Innovation and Opportunity Act;
A representative of the State educational agency;
Representatives of other state agencies, public agencies, or private organizations, as
determined by the state.
Further, states are required to ensure a majority, not less than 51 percent, of the members of the
advisory council, are members appointed as individuals with disabilities or family members or
guardians of individuals with disabilities that use assistive technology.
6
The council must also be
geographically representative of the state and reflect the diversity of the state.
7
Florida Law
The Assistive Technology Advisory Council (Council) is responsible for ensuring consumer
involvement in the creation, application, and distribution of technology-related assistance to and
for persons who have disabilities.
8
The Council acts as the board of directors and provides
direction, through a not-for-profit corporation created by the Division of Vocational
Rehabilitation (DVR) of the Department of Education, to Florida’s Alliance for Assistive
Services and Technology.
9
The Council may not exceed 27 members at any one time. The Council must be composed of the
following members:
10
2
29 U.S.C. s. 3001, et. seq.
3
Pub. .L. No. 108-364 (Oct. 25, 2004).
4
29 U.S.C. s. 3003(c)(2)(A).
5
29 U.S.C. s 3003(c)(2)(B)(i).
6
29 U.S.C. s. 3003(c)(2)(B)(ii)(I).
7
29 U.S.C. s 3003(c)(2)(B)(iii).
8
Section. 413.407, F.S.
9
Section 413.407, F.S.(2)(a). Florida’s Alliance for Assistive Services is a project sponsored by the Department of Education
for the coordination and delivery of appropriate, cost-effective, state-of-the-art assistive technology services and devices. Id.
10
Section 413.407 (1)(a), F.S BILL: SB 418 Page 3
Individuals who have disabilities
11
and who are assistive technology consumers or family
members or guardians of those individuals, who must make up a majority of the membership;
Representatives of consumer organizations concerned with assistive technology;
Representatives of business and industry, including the insurance industry, concerned with
assistive technology;
A representative of the Division of Vocational Rehabilitation;
A representative of the Division of Blind Services;
A representative of the Florida Independent Living Council;
A representative of CareerSource Florida, Inc.;
A representative of the Department of Education;
Representatives of other state agencies that provide or coordinate services for persons with
disabilities.
The Council is appointed by the Commissioner of Education from a list of candidates proposed
by the director of the DVR.
12
The Council is required to appoint two co-chairs among the
membership of the Council.
13
Members of the Council serve for a term of three years and cannot
serve more than two consecutive terms, and a member that has served two consecutive terms
must be retired from the council for at least one year prior to reappointment.
14
Members of the Council are required to appoint committees made up of members of the council
to focus on specific issues within the council’s mandates. The Council’s committees shall
include, but are not limited to:
15
An interagency committee composed of those members representing state agencies. The
interagency committee shall work towards the development of cooperative agreements
among government agencies and perform such other duties as the council deems appropriate.
The interagency committee’s members shall assign staff from their respective agencies to the
alliance, as an in-kind contribution for a specified period of time, to review federal and state
legislation and agency policies and practices and to identify both facilitators of, and barriers
to, accessibility and utilization of assistive technology services, devices, and funding sources.
A technology-awareness committee to guide the council’s public awareness, coordination,
and collaboration activities.
A public policy and advocacy committee to review federal and state legislation and agency
policies and practices and to identify facilitators of and barriers to access and utilization of
assistive technology services, devices, and funding sources.
III. Effect of Proposed Changes:
SB 418 modifies s. 413.407, F.S., to revise the composition of the Florida Assistive Technology
Council (Council) to allow only one representative of a consumer organization and one
representative of business and industry, and authorizes a representative from a center for
11
A disability means a physical or mental impairment that constitutes or results in a substantial impediment to employment.
Section 413.20(7), F.S.
12
Section 413.407(1)(b), F.S.
13
Section.413.407(1)(d), F.S.
14
Section 413.407(1)(e), F.S.
15
Section 413.407(2)(b), F.S. BILL: SB 418 Page 4
independent living, rather than from the Florida Independent Living Council. The bill also
provides that a representative from another state agency that provides or coordinates services for
persons with disabilities can be added to the Council if requested by a majority vote of the
Council members, that representative must be appointed by the head of the corresponding state
agency. Finally, the bill removes the requirement that Council membership cannot exceed 27
members.
The bill further aligns the Council membership with federal requirements that members of the
Council be geographically representative of the state, reflective of the diversity of the state’s
population with respect to race, ethnicity, age, gender, type of disability, and type of disability-
related services and devices received. The bill directs the Council to elect a single chair of the
council. The bill maintains the limit of two consecutive terms for members, but revises the
number of years a council member must be retired from the Council after two terms to be
reappointed, from one year to three years.
The bill deletes the requirement that Council members form a technology awareness committee
and a public policy and advocacy committee. The bill removes the interagency committee,
assigning the duties of the committee to the members representing state agencies. The bill also
allows Council members to participate in fundraising activities on behalf of the Council, which
could lead to additional funding for the Council.
The bill takes effect on July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: SB 418 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 413.407 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.