60EE-1: ACCESSIBLE AND ELECTRONIC INFORMATION TECHNOLOGY
60EE-1.001: Purpose; Definitions
60EE-1.002: Standards applicable to Electronic and Information Technology
60EE-1.003: Electronic and Information Technology Procurements
60EE-1.004: Electronic and Information Technology Development
60EE-1.005: Compliance
PURPOSE AND EFFECT: To promulgate rules for the development, procurement, maintenance and use of electronic information technology implementing Sections 282.601-.606, Florida Statutes.
SUMMARY: The Rule Chapter establishes rules for the development, procurement, maintenance and use of electronic information technology. The Rule Chapter provides, technical standards for six categories of technology; functional performance criteria for technology that may not fit in one of the six categories and requirements that address product support documentation in alternative formats. The Rule Chapter also emphasizes these standards apply to all agency information technology procurements and developments.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 282.604 FS.
LAW IMPLEMENTED: 282.601-.606 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: November 15, 2006, 1:00 p.m. – 3:00 p.m.
PLACE: Orlando Sheraton Studio City Hotel, 5905 International Drive, Orlando, Florida 32819
Pursuant to the Americans with Disabilities Act, persons needing special accommodations to participate in these meetings should advise the Department at least 2 business days before the workshop, by contacting Marta McPherson at (850)488-2706. Please be aware that American Sign Language Interpreters, Certified Real Time Captioning, Audio/Visual Accommodations and alternative formats will be available on site.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kenneth Granger, Deputy Secretary, Enterprise Information Technology Services, Department of Management Services, 4050 Esplanade Way, Suite 235A, Tallahassee, Florida 32399; (850)488-0018; Kenneth.Granger@ MyFlorida.Com
THE FULL TEXT OF THE PROPOSED RULE IS:
60EE-1.001 Purpose; Definitions.
(1) Purpose.
(a) Rules 60EE-1.001-.005, F.A.C., shall be known as the
(b) The purpose of the
(2) Definitions.
(a) The following terms are defined:
1. “Alternate formats” means formats usable by people with disabilities. Alternate formats include Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this part.
2. “Assistive technology” means any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.
3. “Compliance” means compliance with the standards set forth in Rule 60EE-1.002, F.A.C., ensuring that individuals with disabilities have access to and use of information and data that is comparable to the access and use by members of the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. “Compliance” also means compliance with the standards set forth in Rule 60EE-1.002, F.A.C., ensuring that state employees with disabilities have access to and are provided with information and data comparable to the access and use by state employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
4. “Operable controls” means a component of a product that requires physical dexterity for normal operation. Operable controls include mechanically operated controls, input and output trays, card slots, keyboards, or keypads.
5. “Product” means electronic and information technology.
6. “Self Contained, Closed Products” means products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include information kiosks and information transaction machines, copiers, printers, calculators, facsimile machines, and other similar types of products.
7. “Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
8. “TTY” means an abbreviation for teletypewriter. TTYs are machinery or equipment that employs interactive text based communications through the transmission of coded signals across a telephone network. TTYs may include devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons), computers with special modems or text telephones.
(b) Other terms shall have their commonly understood meaning.
Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New______.
60EE-1.002 Standards Applicable to Electronic and Information Technology.
(1) The following standards shall be applicable to the development, procurement, maintenance and use of electronic and information technology:
(a) Technical Standards.
1. Software applications and operating systems.
a. When software is designed to run on a system that has a keyboard, product functions shall be executable from a keyboard where the function itself or the result of performing a function can be discerned textually.
b. Applications shall not disrupt or disable activated features of other products that are identified as accessibility features, where those features are developed and documented according to industry standards. Applications also shall not disrupt or disable activated features of any operating system that are identified as accessibility features where the application programming interface for those accessibility features has been documented by the manufacturer of the operating system and is available to the product developer.
c. A well-defined on-screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes. The focus shall be programmatically exposed so that assistive technology can track focus and focus changes.
d. Sufficient information about a user interface element including the identity, operation and state of the element shall be available to assistive technology. When an image represents a program element, the information conveyed by the image must also be available in text.
e. When bitmap images are used to identify controls, status indicators, or other programmatic elements, the meaning assigned to those images shall be consistent throughout an application’s performance.
f. Textual information shall be provided through operating system functions for displaying text. The minimum information that shall be made available is text content, text input caret location, and text attributes.
g. Application shall not override user selected contrast and color selections and other individual display attributes.
h. When animation is displayed, the information shall be displayable in at least one non-animated presentation mode at the option of the user.
i. Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
j. When a product permits a user to adjust color and contrast settings, a variety of color selections capable of producing a range of contrast levels shall be provided.
k. Software shall not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz.
l. When electronic forms are used, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
2. Web-based intranet and internet information and applications.
a. A text equivalent for every non-text element shall be provided (e.g., via “alt”, “longdesc”, or in element content).
b. Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation.
c. Web pages shall be designed so that all information conveyed with color is also available without color, for example from context or markup.
d. Documents shall be organized so they are readable without requiring an associated style sheet.
e. Redundant text links shall be provided for each active region of a server-side image map.
f. Client-side image maps shall be provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape.
g. Row and column headers shall be identified for data tables.
h. Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.
i. Frames shall be titled with text that facilitates frame identification and navigation.
j. Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.
k. A text-only page, with equivalent information or functionality, shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes.
l. When pages utilize scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assistive technology.
m. When a web page requires that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to a plug-in or applet that complies with rule sub-subparagraphs 60EE-1.002(1)(a)2.a.-l., F.A.C.
n. When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
o. A method shall be provided that permits users to skip repetitive navigation links.
p. When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.
3. Telecommunications products.
a. Telecommunications products or systems which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTY’s. Microphones shall be capable of being turned on and off to allow the user to intermix speech with TTY use.
b. Telecommunications products which include voice communication functionality shall support all commonly used cross-manufacturer non-proprietary standard TTY signal protocols.
c. Voice mail, auto-attendant, and interactive voice response telecommunications systems shall be usable by TTY users with their TTYs.
d. Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems that require a response from a user within a time interval, shall give an alert when the time interval is about to run out, and shall provide sufficient time for the user to indicate more time is required.
e. Where provided, caller identification and similar telecommunications functions shall also be available for users of TTYs, and for users who cannot see displays.
f. For transmitted voice signals, telecommunications products shall provide a gain adjustable up to a minimum of 20 dB. For incremental volume control, at least one intermediate step of 12dB of gain shall be provided.
g. If the telecommunications product allows a user to adjust the receive volume, a function shall be provided to automatically reset the volume to the default level after every use.
h. Where a telecommunications product delivers output by an audio transducer which is normally held up to the ear, a means for effective magnetic wireless coupling to hearing technologies shall be provided.
i. Interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) shall be reduced to the lowest possible level that allows a user of hearing technologies to utilize the telecommunications product.
j. Products that transmit or conduct information or communication, shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide the information or communication in a usable format. Technologies which use encoding, signal compression, format transformation, or similar techniques shall not remove information needed for access or shall restore it upon delivery.
k. Products which have mechanically operated controls or keys, shall comply with the following:
(1) Controls and keys shall be tactilely discernible without activating the controls or keys.
(2) Controls and keys shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls and keys shall be 5 lbs. (22.2 N) maximum.
(3) If key repeat is supported, the delay before repeat shall be adjustable to at least 2 seconds. Key repeat rate shall be adjustable to 2 seconds per character.
(4) The status of all locking or toggle controls or keys shall be visually discernible, and discernible either through touch or sound.
4. Video and multimedia products.
a. All analog television displays 13 inches and larger, and computer equipment that includes analog television receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays closed captions from broadcast, cable, videotape, and DVD signals. Widescreen digital television (DTV) displays measuring at least 7.8 inches vertically, DTV sets with conventional displays measuring at least 13 inches vertically, and stand-alone DTV tuners, whether or not they are marketed with display screens, and computer equipment that includes DTV receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays closed captions from broadcast, cable, videotape, and DVD signals.
b. Television tuners, including tuner cards for use in computers, shall be equipped with secondary audio program playback circuitry.
c. All training and informational video and multimedia productions which support the agency’s mission, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, shall be open or closed captioned.
d. All training and informational video and multimedia productions which support the agency’s mission, regardless of format, that contain visual information necessary for the comprehension of the content, shall be audio described.
e. Display or presentation of alternate text presentation or audio descriptions shall be user-selectable unless permanent.
5. Self contained, closed products.
a. Self contained products shall be usable by people with disabilities without requiring an end-user to attach assistive technology to the product. Personal headsets for private listening are not assistive technology.
b. When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.
c. Where a product utilizes touchscreens or contact-sensitive controls, an input method shall be provided that complies with sub-subparagraph 60EE-1.002(1)(a)3.k. (1)-(4), F.A.C.
d. When biometric forms of user identification or control are used, an alternative form of identification or activation, which does not require the user to possess particular biological characteristics, shall also be provided.
e. When products provide auditory output, the audio signal shall be provided at a standard signal level through an industry standard connector that will allow for private listening. The product must provide the ability to interrupt, pause, and restart the audio at anytime.
f. When products deliver voice output in a public area, incremental volume control shall be provided with output amplification up to a level of at least 65 dB. Where the ambient noise level of the environment is above 45 dB, a volume gain of at least 20 dB above the ambient level shall be user selectable. A function shall be provided to automatically reset the volume to the default level after every use.
g. Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
h. When a product permits a user to adjust color and contrast settings, a range of color selections capable of producing a variety of contrast levels shall be provided.
i. Products shall be designed to avoid causing the screen to flicker with a frequency greater then 2 Hz and lower then 55 Hz.
j. Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following:
(1) The position of any operable control shall be determined with respect to a vertical plane, which is 48 inches in length, centered on the operable control, and at the maximum protrusion of the product within the 48 inch length.
(2) Where any operable control is 10 inches or less behind the reference plane, the height shall be 54 inches maximum and 15 inches minimum above the floor.
(3) Where any operable control is more than 10 inches and not more than 24 inches behind the reference plane, the height shall be 46 inches maximum and 15 inches minimum above the floor.
(4) Operable controls shall not be more than 24 inches behind the reference plane.
6. Desktop and portable computers.
a. All mechanically operated controls and keys shall comply with sub-subparagraph 60EE-1.002(1)(a)1.-4., F.A.C.
b. If a product utilizes touch screens or touch-operated controls, an input method shall be provided that complies with sub-subparagraph 60EE-1.002(1)(a)1.-4., F.A.C.
c. When biometric forms of user identification or control are used, an alternative form of identification or activation, which does not require the user to possess particular biological characteristics, shall also be provided.
d. Where provided, at least one of each type of expansion slots, ports and connectors shall comply with publicly available industry standards.
(2) Function Performance Criteria.
(a) At least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided.
(b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.
(c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided.
(d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided.
(e) At least one mode of operation and information retrieval that does not require user speech shall be provided, or support for assistive technology used by people with disabilities shall be provided.
(f) At least one mode of operation and information retrieval that does not require fine motor control or simultaneous actions and that is operable with limited reach and strength shall be provided.
(3) Information, Documentation, and Support.
(a) Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.
(b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.
(c) Support services for products shall accommodate the communication needs of end-users with disabilities.
(4) Nothing in this Rule Chapter shall be construed to require a fundamental alteration in the nature of a product or its components.
(5) Products located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to comply with this Rule Chapter.
Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New_________.
60EE-1.003 Electronic and Information Technology Procurements.
(1) When procuring electronic and information technology resources, state agencies shall procure those products which comply with the accessibility standards provided in Rule 60EE-1.002, F.A.C., when such products are available in the commercial marketplace or when such products are developed in response to a solicitation. If products are commercially available that meet some, but not all, of the accessibility standards, the state agency shall procure the product that best meets the accessibility standards.
(2) State agencies procuring electronic and information technology shall include the following language in their solicitations and contracts requiring vendors to provide those products which comply with the accessibility standards provided in Rule 60EE-1.002, F.A.C., as electronic and information technology resources: Accessible Electronic Information Technology. Vendors submitting responses for to this solicitation must provide electronic and information technology resources in complete compliance with the accessibility standards provided in Rule 60EE-1.002, F.A.C. These standards establish a minimum level of accessibility.
(3) When procuring a product, if a state agency determines that compliance with any provision of Sections 282.601-.606 or this rule chapter imposes an undue burden, the documentation by the state agency supporting the procurement shall explain specifically why, and to what extent, compliance with each such provision creates an undue burden.
Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New_________.
60EE-1.004 Electronic and Information Technology Development.
(1) When designing, developing and maintaining electronic and information technology resources, state agencies shall develop those processes or products which comply with the accessibility standards provided in Rule 60EE-1.002, F.A.C. Documentation of such developments shall include a detailed and comprehensive analysis of accessibility requirements, specifying any requirements necessary to meet the accessibility standards and achieve compliance. If a process or product can be developed that meets some, but not all, of the accessibility standards, the state agency shall develop the process or product that best meets the accessibility standards.
(2) When designing, developing and, subsequently, maintaining electronic and information technology resources, if a state agency determines that compliance with any provision of Sections 282.601-.606, F.S., or this rule chapter imposes an undue burden, the documentation by the state agency supporting the agency determination shall explain specifically why, and to what extent, compliance with each such provision creates an undue burden.
Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New_________.
60EE-1.005 Compliance.
State agencies shall respond to and address any complaint regarding compliance, including any complaint regarding accessibility of products or processes developed or procured by the agency.
Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New_________.