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A bill to be entitled

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An act relating to the procurement of flags by the state

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and its political subdivisions; creating the "Flag

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Procurement Act"; defining the terms "flag" and "procure";

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requiring the state and every political subdivision of the

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state to procure flags that are manufactured in the United

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States; requiring each contract to procure a flag to

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contain a provision that requires the flag to be

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manufactured in the United States; providing that the

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state or political subdivision may take appropriate legal

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action to recover the purchase price of the flag from the

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supplier of a flag that does not comply with the act;

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providing applicability; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Procurement of the flag of the United States or

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Florida.--

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     (1) SHORT TITLE.--This act may be cited as the "Flag

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Procurement Act."

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     (2) DEFINITIONS.--As used in this section, the term:

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     (a) "Flag" means the flag of the United States or the State

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of Florida made of fabric, cloth, or paper and designed to be

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displayed from a staff or flagpole or in a window. The term does

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not include a depiction or emblem of the United States or Florida

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flag made of lights, paint, roofing, siding, paving materials,

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flora, or balloons or any other similar building, landscaping, or

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decorative component and does not apply to a miniature flag or a

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flag manufactured, sold, or offered for sale as a souvenir,

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novelty, decoration, or toy.

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     (b) "Procure" means to acquire by purchase, lease, or rent.

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The term does not include a rental or lease if the term of the

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rental or lease is less than 1 month.

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     (3) CONTRACT PROVISIONS.--

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     (a) The state or a political subdivision of the state

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may not procure a flag that is manufactured outside the

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United States.

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     (b) A flag is manufactured in the United States if a

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substantial majority of the principal components are

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manufactured and assembled into the final product in an

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assembly plant in the United States.

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     (c) All contract documents prepared to procure a flag

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must contain a provision that states that any flag procured

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by the state or a political subdivision of the state must be

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manufactured in the United States.

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     (4) PAYMENTS UNDER CONTRACT; ACTIONS FOR RECOVERY OF

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UNAUTHORIZED PAYMENTS.--

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     (a) The state or a political subdivision may not

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authorize, provide for, or make a payment to the supplier of

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a flag under a contract containing the provisions required by

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subsection (3) unless the state or political subdivision is

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satisfied that the flag has been manufactured in the United

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States.

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     (b) A payment made by the state or political subdivision

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to a supplier of a flag which does not comply with this

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section may be recovered from the supplier by appropriate

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legal action.

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     (5) APPLICATION.--This section applies to the purchase

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of a flag and to contracts to procure a flag entered into on

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or after the July 1, 2008.

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     Section 2.  This act shall take effect July 1, 2008.