Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 346
Ì337410oÎ337410
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/18/2023 .
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The Committee on Rules (DiCeglie) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 277 and 278
4 insert:
5 Section 8. Section 255.0993, Florida Statutes, is created
6 to read:
7 255.0993 Public works projects; United States-produced iron
8 and steel products.—
9 (1) DEFINITIONS.—As used in this section, the term:
10 (a) “Governmental entity” means the state, or any office,
11 board, bureau, commission, department, branch, division, or
12 institution thereof, or a separate agency or unit of local
13 government created or established by law or ordinance and the
14 officers thereof. The term includes, but is not limited to, a
15 county; a city, a town, or other municipality; or a department,
16 a commission, an authority, a school district, a taxing
17 district, a water management district, a board, a public
18 corporation, an institution of higher education, or other public
19 agency or body thereof authorized to expend public funds for the
20 construction, maintenance, repair, renovation, remodeling, or
21 improvement of public works.
22 (b) “Iron or steel product” means any product made
23 primarily of iron or steel, including, but not limited to, lined
24 or unlined pipes and fittings; bars and rods; wire, wire ropes,
25 and link chains; forgings; grating and drainage products; access
26 covers, hatches, manhole covers, and other castings; hydrants;
27 electric transmission and distribution poles; tanks; flanges;
28 pipe clamps and restraints; valves; structural steel and other
29 steel mill products; materials made primarily of iron and steel
30 within precast concrete; and other construction materials made
31 primarily of iron or steel.
32 (c) “Manufacturing process” means the application of a
33 process to alter the form or function of materials or elements
34 of a product in a manner that adds value and transforms the
35 materials or elements into a new finished product that is
36 functionally different from a finished product produced merely
37 from assembling materials or elements into a product without
38 applying such a process.
39 (d) “Produced in the United States” means that, with
40 respect to iron and steel, all manufacturing processes, from
41 initial melting through application of coatings, occur in the
42 United States, other than metallurgical processes to refine
43 steel additives.
44 (e) “Public works project” means an activity paid for with
45 any state-appropriated funds or state funds administered by a
46 governmental entity, which consists of the construction,
47 maintenance, repair, renovation, remodeling, or improvement of a
48 building, road, street, sewer, storm drain, water system, site
49 development, irrigation system, reclamation project, gas or
50 electrical distribution system, gas or electrical substation, or
51 other facility, project, or portion thereof owned in whole or in
52 part by any governmental entity.
53 (2) UNITED STATES-PRODUCED IRON AND STEEL REQUIREMENT.—
54 (a) Notwithstanding any other law, a governmental entity
55 entering into a contract for a public works project or for the
56 purchase of materials for a public works project must include in
57 the contract a requirement that any iron or steel product
58 permanently incorporated in the project be produced in the
59 United States.
60 (b) Paragraph (a) does not apply if the governmental entity
61 administering the funds for a public works project or the
62 purchase of materials for a public works project solely
63 determines that any of the following applies:
64 1. Iron or steel products produced in the United States are
65 not produced in sufficient quantities, reasonably available, or
66 of satisfactory quality.
67 2. The use of iron or steel products produced in the United
68 States will increase the total cost of the project by more than
69 20 percent.
70 3. Complying with paragraph (a) is inconsistent with the
71 public interest.
72 (c) When steel and iron materials are used in a public
73 works project, paragraph (a) does not prevent a minimal use of
74 foreign steel and iron materials if:
75 1. Such materials are incidental or ancillary to the
76 primary product and are not separately identified in the project
77 specifications.
78 2. The cost of such materials does not exceed one-tenth of
79 1 percent of the total contract cost or $2,500, whichever is
80 greater. For purposes of this subparagraph, the cost of such
81 materials is that shown to be the value of the iron or steel
82 products as they are delivered to the project.
83 (d) Electrical components, equipment, systems, and
84 appurtenances, including supports, covers, shielding, and other
85 appurtenances related to an electrical system, necessary for
86 operation or concealment, except transmission and distribution
87 poles, are not considered iron or steel products and are exempt
88 from the requirements of paragraph (a).
89 (3) INTERNATIONAL AGREEMENTS.—This section shall be applied
90 in a manner consistent with and may not be construed to impair
91 the state’s obligations under any international agreement.
92 (4) RULEMAKING.—
93 (a) Except as otherwise provided in this subsection, the
94 Department of Management Services shall develop guidelines and
95 procedures by rule to implement this section.
96 (b) The Department of Transportation shall develop
97 guidelines and procedures by rule to implement this section for
98 public works projects it administers.
99 Section 9. The Legislature determines and declares that
100 this act fulfills an important state interest.
101
102 ================= T I T L E A M E N D M E N T ================
103 And the title is amended as follows:
104 Delete line 48
105 and insert:
106 works project”; creating s. 255.0993, F.S.; defining
107 terms; requiring governmental entities to include a
108 requirement in certain contracts that certain iron or
109 steel products be produced in the United States;
110 providing exceptions; authorizing the use of foreign
111 steel and iron materials in certain circumstances;
112 exempting specified products from the requirement;
113 providing construction; requiring the Department of
114 Management Services and the Department of
115 Transportation to adopt rules for specified purposes;
116 providing a declaration of important state interest;
117 providing an effective date.