FL
Florida House Bill H0619

Florida 2022 Regular Session

Florida House Bill H0619 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to United States -produced iron and 2
1616 steel in public works projects; creating s. 255.0993, 3
1717 F.S.; providing definitions; requiring governmental 4
1818 entities to include a requirement in certain contracts 5
1919 that certain iron or steel products must be produced 6
20-in the United States; providing exceptions; 7
21-authorizing the use of foreign steel and iron 8
22-materials in certain circumstances; requiring the 9
23-Department of Management Service and the Department of 10
24-Transportation to adopt rules; providing a legislative 11
25-finding and declaration of important state interest; 12
26-providing construction; providing an effective date. 13
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28-Be It Enacted by the Legislature of the Sta te of Florida: 15
29- 16
30- Section 1. Section 255.0993, Florida Statutes, is created 17
31-to read: 18
32- 255.0993 Public works projects; United States -produced 19
33-iron and steel products. — 20
34- (1) DEFINITIONS.—As used in this section, the term: 21
35- (a) "Governmental entity" mean s the state, or any office, 22
36-board, bureau, commission, department, branch, division, or 23
37-institution thereof, or a separate agency or unit of local 24
38-government created or established by law or ordinance and the 25
20+in the United States; providing exceptions; providing 7
21+construction; providing an effective date. 8
22+ 9
23+Be It Enacted by the Legislature of the State of Florida: 10
24+ 11
25+ Section 1. Section 255.0993, Florida Statutes, is created 12
26+to read: 13
27+ 255.0993 Public works projects; United States -produced 14
28+iron and steel products. — 15
29+ (1) DEFINITIONS.—As used in this section, the term: 16
30+ (a) "Governmental entity" means t he state, or any office, 17
31+board, bureau, commission, department, branch, division, or 18
32+institution thereof, or a separate agency or unit of local 19
33+government created or established by law or ordinance and the 20
34+officers thereof. The term includes, but is not li mited to, a 21
35+county; a city, town, or other municipality; or a department, 22
36+commission, authority, school district, taxing district, water 23
37+management district, board, public corporation, institution of 24
38+higher education, or other public agency or body thereof 25
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4747 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-officers thereof. The term includes, but is not limited to, a 26
52-county; a city, town, or other municipality; or a department, 27
53-commission, authority, school district, taxing district, water 28
54-management district, board, public corporation, institution of 29
55-higher education, or other public agency or body ther eof 30
56-authorized to expend public funds for the construction, 31
57-maintenance, repair, renovation, remodeling, or improvement of 32
58-public works. 33
59- (b) "Iron or steel products" means products made primarily 34
60-of iron or steel, including, but not limited to, lined or 35
61-unlined pipes and fittings; bars and rods; wire, wire ropes and 36
62-link chains; forgings; grating and drainage products; access 37
63-covers, hatches, manhole covers and other castings; hydrants; 38
64-electric transmission and distribution poles; tanks; flanges; 39
65-pipe clamps and restraints; valves; structural steel and other 40
66-steel mill products; materials made primarily of iron and steel 41
67-within precast concrete; and other construction materials made 42
68-primarily of iron or steel. 43
69- (c) "Manufacturing process" means the appli cation of a 44
70-process to alter the form or function of materials or elements 45
71-of a product in a manner that adds value and transforms the 46
72-materials or elements into a new finished product that is 47
73-functionally different from a finished product produced merely 48
74-from assembling materials or elements into a product without 49
75-applying such a process. 50
51+authorized to expend public funds for the construction, 26
52+maintenance, repair, renovation, remodeling, or improvement of 27
53+public works. 28
54+ (b) "Manufacturing process" means the application of a 29
55+process to alter the form or function of materials or elements 30
56+of a product in a manner that adds value and transforms the 31
57+materials or elements into a new finished product that is 32
58+functionally different from a finished product produced merely 33
59+from assembling materials or elements into a product without 34
60+applying such a process. 35
61+ (c) "Public works project" means an activity that is paid 36
62+for with any state-appropriated funds or funds administered by a 37
63+governmental entity and which consists of the construction, 38
64+maintenance, repair, renovation, remodeling, or improvement of , 39
65+a building, road, street, sewer, storm drain, water system, site 40
66+development, irrigation system, reclamation project, gas or 41
67+electrical distribution system, gas or electrical substation, or 42
68+other facility, project, or portion thereof that is owned in 43
69+whole or in part by any governmental entity. 44
70+ (d) "Produced in the United States" means, with respect to 45
71+iron and steel, all manufacturing processes, from initial 46
72+melting through application of coatings, occur in the United 47
73+States, other than metallurgical p rocesses to refine steel 48
74+additives. 49
75+ (2) UNITED STATES-PRODUCED IRON AND STEEL REQUIREMENT. — 50
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8484 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- (d) "Produced in the United States" means, with respect to 51
89-iron and steel, all manufacturing processes, from initial 52
90-melting through application of coatings, occur in t he United 53
91-States, other than metallurgical processes to refine steel 54
92-additives. 55
93- (e) "Public works project" means an activity that is paid 56
94-for with any state-appropriated funds or state funds 57
95-administered by the state and which consists of the 58
96-construction, maintenance, repair, renovation, remodeling, or 59
97-improvement of, a building, road, street, sewer, storm drain, 60
98-water system, site development, irrigation system, reclamation 61
99-project, gas or electrical distribution system, gas or 62
100-electrical substation, or other facility, project, or portion 63
101-thereof that is owned in whole or in part by any governmental 64
102-entity. 65
103- (2) UNITED STATES-PRODUCED IRON AND STEEL REQUIREMENT. — 66
104- (a) Notwithstanding any other provision of law, a 67
105-governmental entity entering into a con tract for a public works 68
106-project or for the purchase of materials for a public works 69
107-project must include in the contract a requirement that any iron 70
108-or steel product permanently incorporated in the project be 71
109-produced in the United States. 72
110- (b) Paragraph (a) does not apply if the governmental 73
111-entity administering the funds for a public works project or the 74
112-purchase of materials for a public works project solely 75
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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-determines that any of the following apply: 76
126- 1. Iron or steel products produced in the United States 77
127-are not produced in sufficient quantities, reasonably available, 78
128-or of satisfactory quality; 79
129- 2. The use of iron or steel products produced in the 80
130-United States will increase the total cost of the project by 81
131-more than 20 percent; or 82
132- 3. Complying with paragraph (a) is inconsistent with the 83
133-public interest. 84
134- (c) When steel and iron materials are used in a public 85
135-works project, paragraph (a) does not prevent a minimal use of 86
136-foreign steel and iron materials, if: 87
137- 1. Such materials are incidental or ancillary to the 88
138-primary product and are not separately identified in the project 89
139-specifications. 90
140- 2. The cost of such materials does not exceed one -tenth of 91
141-one percent of the total contract cost or $2,500, whichever is 92
142-greater. For purposes of this sub paragraph, the cost of such 93
143-materials is that shown to be the value of the iron or steel 94
144-products as they are delivered to the project. 95
145- (d) Electrical components, equipment, systems, and 96
146-appurtenances, including supports, covers, shielding, and other 97
147-appurtenances related to an electrical system, necessary for 98
148-operation or concealment, except transmission and distribution 99
149-poles, are not considered iron or steel products and are exempt 100
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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-from the requirements of paragraph (a). 101
163- (3) INTERNATIONAL AGREEMENTS. —This section shall be 102
164-applied in a manner consistent with and may not be construed to 103
165-impair the state's obligations under any international 104
166-agreement. 105
167- (4)(a) Except as otherwise provided in this subsection, 106
168-the Department of Management Services shall d evelop guidelines 107
169-and procedures by rule to implement this section. 108
170- (b) The Department of Transportation shall develop 109
171-guidelines and procedures by rule to implement this section for 110
172-public works projects it administers. 111
173- Section 2. The Legislature determines and declares that 112
174-this act fulfills an important state interest. 113
175- Section 3. This act shall take effect July 1, 2022. 114
88+ (a) Notwithstanding any other provision of law, a 51
89+governmental entity entering into a contract for a public works 52
90+project or for the purchase of materials for a public works 53
91+project must include in the contract a requirement that any iron 54
92+or steel product used in or purchased for the project be 55
93+produced in the United States. 56
94+ (b) Paragraph (a) does not apply if the governmental 57
95+entity entering into a contract fo r a public works project or 58
96+the purchase of materials for a public works project determines 59
97+that: 60
98+ 1. Iron or steel products produced in the United States 61
99+are not produced in sufficient quantities, reasonably available, 62
100+or of satisfactory quality. 63
101+ 2. The use of iron or steel products produced in the 64
102+United States will increase the total cost of the project by 65
103+more than 20 percent. 66
104+ 3. Complying with paragraph (a) is inconsistent with the 67
105+public interest. 68
106+ (3) INTERNATIONAL AGREEMENTS. —This section shall be 69
107+applied in a manner consistent with and may not be construed to 70
108+impair the state's obligations under any international 71
109+agreement. 72
110+ Section 2. This act shall take effect July 1, 2022. 73