Florida Senate - 2022                                    SB 1336
       
       
        
       By Senator Boyd
       
       
       
       
       
       21-01691A-22                                          20221336__
    1                        A bill to be entitled                      
    2         An act relating to United States-produced iron and
    3         steel in public works projects; creating s. 255.0993,
    4         F.S.; defining terms; requiring governmental entities
    5         to include a requirement in certain contracts that
    6         certain iron or steel products be produced in the
    7         United States; providing exceptions; providing
    8         construction; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 255.0993, Florida Statutes, is created
   13  to read:
   14         255.0993 Public works projects; United States-produced iron
   15  and steel products.—
   16         (1) DEFINITIONS.—As used in this section, the term:
   17         (a) “Governmental entity” means any political subdivision
   18  as defined in s. 1.01(8).
   19         (b) “Manufacturing process” means the application of a
   20  process to alter the form or function of materials or elements
   21  of a product in a manner that adds value and transforms the
   22  materials or elements into a new finished product that is
   23  functionally different from a finished product produced merely
   24  from assembling materials or elements into a product without
   25  applying such a process.
   26         (c) “Produced in the United States” means, with respect to
   27  iron and steel products, a product for which all manufacturing
   28  processes, from initial melting through application of coatings,
   29  occur in the United States or are subject to the jurisdiction of
   30  the United States, other than metallurgical processes to refine
   31  steel additives.
   32         (d) “Public works project” means an activity that is paid
   33  for with any state-appropriated funds or funds administered by a
   34  governmental entity and that consists of the construction,
   35  maintenance, repair, renovation, remodeling, or improvement of a
   36  building, a road, a street, a sewer, a storm drain, a water
   37  system, a site development, an irrigation system, a reclamation
   38  project, a gas or electrical distribution system, a gas or
   39  electrical substation, or another facility, project, or portion
   40  thereof which is owned in whole or in part by any governmental
   41  entity.
   42         (2) UNITED STATES-PRODUCED IRON AND STEEL REQUIREMENT.—
   43         (a) Notwithstanding any other law, a governmental entity
   44  entering into a contract for a public works project or for the
   45  purchase of materials for a public works project must include in
   46  the contract a requirement that any iron or steel product used
   47  in or purchased for the project be produced in the United
   48  States.
   49         (b) Paragraph (a) does not apply if the governmental entity
   50  entering into a contract for a public works project or the
   51  purchase of materials for a public works project determines
   52  that:
   53         1. Iron or steel products produced in the United States are
   54  not produced in sufficient quantities, reasonably available, or
   55  of satisfactory quality.
   56         2. The use of iron or steel products produced in the United
   57  States will increase the total cost of the project by more than
   58  20 percent.
   59         3. Complying with paragraph (a) is inconsistent with the
   60  public interest.
   61         (3) INTERNATIONAL AGREEMENTS.—This section must be applied
   62  in a manner consistent with, and may not be construed to impair,
   63  the state’s obligations under any international agreement.
   64         Section 2. This act shall take effect July 1, 2022.