Florida 2024 Regular Session

Florida House Bill H0779 Compare Versions

Only one version of the bill is available at this time.

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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to United States -produced iron and 2
16	16	steel in public works projects; creating s. 255.0993, 3
17	17	F.S.; providing definitions; requiring governmental 4
18	18	entities to include a requirement in certain contracts 5
19	19	that certain iron or steel products must be produced 6
20	20	in the United States; providing exceptions; 7
21	21	authorizing the use of foreign steel and iron 8
22	22	materials in certain circumstances; requiring the 9
23	23	Department of Management Service and the Department of 10
24	24	Transportation to adopt rules; providing a legislative 11
25	25	finding and declaration of important state interest; 12
26	26	providing construction; providing an effective date. 13
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28	28	Be It Enacted by the Legislature of the Sta te of Florida: 15
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30	30	Section 1. Section 255.0993, Florida Statutes, is created 17
31	31	to read: 18
32	32	255.0993 Public works projects; United States -produced 19
33	33	iron and steel products. — 20
34	34	(1) DEFINITIONS.—As used in this section, the term: 21
35	35	(a) "Governmental entity" mean s the state, or any office, 22
36	36	board, bureau, commission, department, branch, division, or 23
37	37	institution thereof, or a separate agency or unit of local 24
38	38	government created or established by law or ordinance and the 25
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47	47	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	51	officers thereof. The term includes, but is not limited to, a 26
52	52	county; a city, town, or other municipality; or a department, 27
53	53	commission, authority, school district, taxing district, water 28
54	54	management district, board, public corporation, institution of 29
55	55	higher education, or other public agency or body ther eof 30
56	56	authorized to expend public funds for the construction, 31
57	57	maintenance, repair, renovation, remodeling, or improvement of 32
58	58	public works. 33
59	59	(b) "Iron or steel products" means products made primarily 34
60	60	of iron or steel, including, but not limited to, lined or 35
61	61	unlined pipes and fittings; bars and rods; wire, wire ropes and 36
62	62	link chains; forgings; grating and drainage products; access 37
63	63	covers, hatches, manhole covers and other castings; hydrants; 38
64	64	electric transmission and distribution poles; tanks; flanges; 39
65	65	pipe clamps and restraints; valves; structural steel and other 40
66	66	steel mill products; materials made primarily of iron and steel 41
67	67	within precast concrete; and other construction materials made 42
68	68	primarily of iron or steel. 43
69	69	(c) "Manufacturing process" means the appli cation of a 44
70	70	process to alter the form or function of materials or elements 45
71	71	of a product in a manner that adds value and transforms the 46
72	72	materials or elements into a new finished product that is 47
73	73	functionally different from a finished product produced merely 48
74	74	from assembling materials or elements into a product without 49
75	75	applying such a process. 50
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84	84	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	88	(d) "Produced in the United States" means, with respect to 51
89	89	iron and steel, all manufacturing processes, from initial 52
90	90	melting through application of coatings, occur in t he United 53
91	91	States, other than metallurgical processes to refine steel 54
92	92	additives. 55
93	93	(e) "Public works project" means an activity that is paid 56
94	94	for with any state-appropriated funds or state funds 57
95	95	administered by a governmental entity and which consists of the 58
96	96	construction, maintenance, repair, renovation, remodeling, or 59
97	97	improvement of, a building, road, street, sewer, storm drain, 60
98	98	water system, site development, irrigation system, reclamation 61
99	99	project, gas or electrical distribution system, gas or 62
100	100	electrical substation, or other facility, project, or portion 63
101	101	thereof that is owned in whole or in part by any governmental 64
102	102	entity. 65
103	103	(2) UNITED STATES-PRODUCED IRON AND STEEL REQUIREMENT. — 66
104	104	(a) Notwithstanding any other provision of law, a 67
105	105	governmental entity enterin g into a contract for a public works 68
106	106	project or for the purchase of materials for a public works 69
107	107	project must include in the contract a requirement that any iron 70
108	108	or steel product permanently incorporated in the project be 71
109	109	produced in the United States. 72
110	110	(b) Paragraph (a) does not apply if the governmental 73
111	111	entity administering the funds for a public works project or the 74
112	112	purchase of materials for a public works project determines 75
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121	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	125	that: 76
126	126	1. Iron or steel products produced in the United States 77
127	127	are not produced in sufficient quantities, reasonably available, 78
128	128	or of satisfactory quality; 79
129	129	2. The use of iron or steel products produced in the 80
130	130	United States will increase the total cost of the project by 81
131	131	more than 20 percent; or 82
132	132	3. Complying with paragraph (a) is inconsistent with the 83
133	133	public interest. 84
134	134	(c) Paragraph (a) does not prevent a minimal use of 85
135	135	foreign steel and iron materials in a public works project if: 86
136	136	1. Such materials are incidental or ancillary to primary 87
137	137	iron or steel products and are not separately identified in the 88
138	138	project specifications. 89
139	139	2. The cost of such materials does not exceed 0.1 percent 90
140	140	of the total contract cost or $2,500, whichever is greater. For 91
141	141	purposes of this subparagraph, the cost of such m aterials is 92
142	142	that shown to be the value of the iron or steel products as they 93
143	143	are delivered to the project. 94
144	144	(d) Electrical components, equipment, systems, and 95
145	145	appurtenances, including supports, covers, shielding, and other 96
146	146	appurtenances related to an elec trical system, necessary for 97
147	147	operation or concealment, except transmission and distribution 98
148	148	poles, are not considered iron or steel products and are exempt 99
149	149	from the requirements of paragraph (a). 100
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158	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	162	(3) INTERNATIONAL AGREEMENTS. —This section shall be 101
163	163	applied in a manner consistent with and may not be construed to 102
164	164	impair the state's obligations under any international 103
165	165	agreement. 104
166	166	(4)(a) Except as otherwise provided in this subsection, 105
167	167	the Department of Management Services shall develop guidelines 106
168	168	and procedures by rule to implement this section. 107
169	169	(b) The Department of Transportation shall develop 108
170	170	guidelines and procedures by rule to implement this section for 109
171	171	public works projects administered by the Department of 110
172	172	Transportation. 111
173	173	Section 2. The Legislature determines and declares that 112
174	174	this act fulfills an important state interest. 113
175	175	Section 3. This act shall take effect July 1, 2024. 114