Florida Senate - 2021                                     SB 810
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00870A-21                                           2021810__
    1                        A bill to be entitled                      
    2         An act relating to prohibited governmental
    3         transactions involving certain companies and products;
    4         creating s. 287.137, F.S.; defining terms; prohibiting
    5         a state agency or a local governmental entity from
    6         purchasing any products that were produced, or that
    7         contain a specified percentage of parts that were
    8         produced, in China; providing that a contract for the
    9         purchase of products by a state agency or a local
   10         governmental entity must include a provision
   11         authorizing the termination of such contract in
   12         certain circumstances; creating s. 287.138, F.S.;
   13         defining terms; prohibiting a state agency or a local
   14         governmental entity from purchasing any product made
   15         or sold or service provided by certain technology
   16         companies; providing that a contract for the purchase
   17         of products or services from certain technology
   18         companies must include a provision authorizing the
   19         termination of such contract in certain circumstances;
   20         providing effective dates.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Effective January 1, 2023, section 287.137,
   25  Florida Statutes, is created to read:
   26         287.137 Prohibition against purchasing products made in
   27  China.—
   28         (1) As used in this section, the term:
   29         (a) “Local governmental entity” means a county,
   30  municipality, special district, or other political subdivision
   31  of the state.
   32         (b) “Awarding body” means, for purposes of state contracts,
   33  an agency or the department, and for purposes of local
   34  contracts, the governing body of the local governmental entity.
   35         (2) A state agency or a local governmental entity may not
   36  purchase products, or enter into or renew a contract for the
   37  purchase of any products that were produced, or that contain 25
   38  percent or more in parts that were produced, in China.
   39         (3) Any contract with a state agency or a local
   40  governmental entity for products entered into or renewed on or
   41  after January 1, 2023, must contain a provision that authorizes
   42  the termination of such contract at the option of the awarding
   43  body if the company is found to be providing the state agency or
   44  local governmental entity with products that were produced, or
   45  that contain 25 percent or more in parts that were produced, in
   46  China.
   47         Section 2. Section 287.138, Florida Statutes, is created to
   48  read:
   49         287.138 Prohibition against purchasing products from or
   50  contracting with certain technology companies.—
   51         (1) As used in this section, the term:
   52         (a) “Local governmental entity” means a county,
   53  municipality, special district, or other political subdivision
   54  of the state.
   55         (b) “Awarding body” means, for purposes of state contracts,
   56  an agency or the department, and for purposes of local
   57  contracts, the governing body of the local governmental entity.
   58         (2) A state agency or local governmental entity may not
   59  purchase any product or service, or enter into or renew a
   60  contract for the purchase of any product or service, made, sold,
   61  or provided by Facebook, Inc.; Twitter, Inc.; Amazon.com, Inc.;
   62  Apple, Inc.; or Alphabet, Inc.
   63         (3) Any contract with a state agency or a local
   64  governmental entity for products or services entered into or
   65  renewed on or after July 1, 2021, must contain a provision that
   66  authorizes the termination of such contract at the option of the
   67  awarding body if the company is found to be providing the state
   68  agency or local governmental entity with products or services
   69  made, sold, or provided by Facebook, Inc.; Twitter, Inc.;
   70  Amazon.com, Inc.; Apple, Inc.; or Alphabet, Inc.
   71         Section 3. Except as otherwise provided in this act, this
   72  act shall take effect July 1, 2021.