HB 779 2024
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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
HB 779 2024
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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
HB 779 2024
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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 a governmental entity 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 enterin g into a contract 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 determines 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
that: 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) Paragraph (a) does not prevent a minimal use of 85
foreign steel and iron materials in a public works project if: 86
1. Such materials are incidental or ancillary to primary 87
iron or steel products and are not separately identified in the 88
project specifications. 89
2. The cost of such materials does not exceed 0.1 percent 90
of the total contract cost or $2,500, whichever is greater. For 91
purposes of this subparagraph, the cost of such m aterials is 92
that shown to be the value of the iron or steel products as they 93
are delivered to the project. 94
(d) Electrical components, equipment, systems, and 95
appurtenances, including supports, covers, shielding, and other 96
appurtenances related to an elec trical system, necessary for 97
operation or concealment, except transmission and distribution 98
poles, are not considered iron or steel products and are exempt 99
from the requirements of paragraph (a). 100
HB 779 2024
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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
(3) INTERNATIONAL AGREEMENTS. —This section shall be 101
applied in a manner consistent with and may not be construed to 102
impair the state's obligations under any international 103
agreement. 104
(4)(a) Except as otherwise provided in this subsection, 105
the Department of Management Services shall develop guidelines 106
and procedures by rule to implement this section. 107
(b) The Department of Transportation shall develop 108
guidelines and procedures by rule to implement this section for 109
public works projects administered by the Department of 110
Transportation. 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, 2024. 114