CS/HB 619 2022
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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
A bill to be entitled 1
An act relating to United States -produced iron and 2
steel in public works projects; creating s. 255.0993, 3
F.S.; providing definitions; requiring governmental 4
entities to include a requirement in certain contracts 5
that certain iron or steel products must be produced 6
in the United States; providing exceptions; 7
authorizing the use of foreign steel and iron 8
materials in certain circumstances; requiring the 9
Department of Management Service and the Department of 10
Transportation to adopt rules; providing a legislative 11
finding and declaration of important state interest; 12
providing construction; providing an effective date. 13
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Be It Enacted by the Legislature of the Sta te of Florida: 15
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Section 1. Section 255.0993, Florida Statutes, is created 17
to read: 18
255.0993 Public works projects; United States -produced 19
iron and steel products. — 20
(1) DEFINITIONS.—As used in this section, the term: 21
(a) "Governmental entity" mean s the state, or any office, 22
board, bureau, commission, department, branch, division, or 23
institution thereof, or a separate agency or unit of local 24
government created or established by law or ordinance and the 25
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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
officers thereof. The term includes, but is not limited to, a 26
county; a city, town, or other municipality; or a department, 27
commission, authority, school district, taxing district, water 28
management district, board, public corporation, institution of 29
higher education, or other public agency or body ther eof 30
authorized to expend public funds for the construction, 31
maintenance, repair, renovation, remodeling, or improvement of 32
public works. 33
(b) "Iron or steel products" means products made primarily 34
of iron or steel, including, but not limited to, lined or 35
unlined pipes and fittings; bars and rods; wire, wire ropes and 36
link chains; forgings; grating and drainage products; access 37
covers, hatches, manhole covers and other castings; hydrants; 38
electric transmission and distribution poles; tanks; flanges; 39
pipe clamps and restraints; valves; structural steel and other 40
steel mill products; materials made primarily of iron and steel 41
within precast concrete; and other construction materials made 42
primarily of iron or steel. 43
(c) "Manufacturing process" means the appli cation of a 44
process to alter the form or function of materials or elements 45
of a product in a manner that adds value and transforms the 46
materials or elements into a new finished product that is 47
functionally different from a finished product produced merely 48
from assembling materials or elements into a product without 49
applying such a process. 50
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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
(d) "Produced in the United States" means, with respect to 51
iron and steel, all manufacturing processes, from initial 52
melting through application of coatings, occur in t he United 53
States, other than metallurgical processes to refine steel 54
additives. 55
(e) "Public works project" means an activity that is paid 56
for with any state-appropriated funds or state funds 57
administered by the state and which consists of the 58
construction, maintenance, repair, renovation, remodeling, or 59
improvement of, a building, road, street, sewer, storm drain, 60
water system, site development, irrigation system, reclamation 61
project, gas or electrical distribution system, gas or 62
electrical substation, or other facility, project, or portion 63
thereof that is owned in whole or in part by any governmental 64
entity. 65
(2) UNITED STATES-PRODUCED IRON AND STEEL REQUIREMENT. — 66
(a) Notwithstanding any other provision of law, a 67
governmental entity entering into a con tract for a public works 68
project or for the purchase of materials for a public works 69
project must include in the contract a requirement that any iron 70
or steel product permanently incorporated in the project be 71
produced in the United States. 72
(b) Paragraph (a) does not apply if the governmental 73
entity administering the funds for a public works project or the 74
purchase of materials for a public works project solely 75
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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
determines that any of the following apply: 76
1. Iron or steel products produced in the United States 77
are not produced in sufficient quantities, reasonably available, 78
or of satisfactory quality; 79
2. The use of iron or steel products produced in the 80
United States will increase the total cost of the project by 81
more than 20 percent; or 82
3. Complying with paragraph (a) is inconsistent with the 83
public interest. 84
(c) When steel and iron materials are used in a public 85
works project, paragraph (a) does not prevent a minimal use of 86
foreign steel and iron materials, if: 87
1. Such materials are incidental or ancillary to the 88
primary product and are not separately identified in the project 89
specifications. 90
2. The cost of such materials does not exceed one -tenth of 91
one percent of the total contract cost or $2,500, whichever is 92
greater. For purposes of this sub paragraph, the cost of such 93
materials is that shown to be the value of the iron or steel 94
products as they are delivered to the project. 95
(d) Electrical components, equipment, systems, and 96
appurtenances, including supports, covers, shielding, and other 97
appurtenances related to an electrical system, necessary for 98
operation or concealment, except transmission and distribution 99
poles, are not considered iron or steel products and are exempt 100
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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
from the requirements of paragraph (a). 101
(3) INTERNATIONAL AGREEMENTS. —This section shall be 102
applied in a manner consistent with and may not be construed to 103
impair the state's obligations under any international 104
agreement. 105
(4)(a) Except as otherwise provided in this subsection, 106
the Department of Management Services shall d evelop guidelines 107
and procedures by rule to implement this section. 108
(b) The Department of Transportation shall develop 109
guidelines and procedures by rule to implement this section for 110
public works projects it administers. 111
Section 2. The Legislature determines and declares that 112
this act fulfills an important state interest. 113
Section 3. This act shall take effect July 1, 2022. 114