Bill Text: FL S0814 | 2012 | Regular Session | Introduced

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Bill Title: Intrastate Commerce

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Commerce and Tourism [S0814 Detail]

Download: Florida-2012-S0814-Introduced.html

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       Florida Senate - 2012                                     SB 814
       
       
       
       By Senator Evers
       
       
       
       
       2-00041A-12                                            2012814__
    1                        A bill to be entitled                      
    2         An act relating to intrastate commerce; providing that
    3         certain goods grown, manufactured, or made in this
    4         state and services performed in this state are not
    5         subject to the authority of the Congress of the United
    6         States under its constitutional power to regulate
    7         commerce; prohibiting any official, agent, or employee
    8         of the Federal Government or of the state from
    9         attempting to enforce federal laws, rules, or
   10         regulations in violation of the act; providing
   11         penalties; providing for application; providing an
   12         effective date.
   13  
   14         WHEREAS, the Tenth Amendment to the Constitution of the
   15  United States holds that the Federal Government may exercise
   16  only the powers that have been delegated to it in the
   17  constitution, and
   18         WHEREAS, the Ninth Amendment to the Constitution of the
   19  United States guarantees to the people rights not enumerated in
   20  the constitution and reserves to the people of this state those
   21  rights, and
   22         WHEREAS, article I, section 8, clause 3 of the Constitution
   23  of the United States empowers the Federal Government to regulate
   24  commerce among the several states, and
   25         WHEREAS, the power to regulate intrastate commerce is
   26  reserved to the states or the people under the Ninth and Tenth
   27  Amendments to the Constitution of the United States, and
   28         WHEREAS, during the constitutional convention, the Founders
   29  rejected a plan that would have authorized the Federal
   30  Government to regulate commerce among the states and any
   31  activity having spillover effects across state lines, NOW,
   32  THEREFORE,
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. (1) This section may be cited as the “Intrastate
   37  Commerce Act.”
   38         (2) Goods that are grown, manufactured, or made in this
   39  state and that are sold, maintained, or retained in this state,
   40  and services that are performed in this state, are not subject
   41  to the authority of the Congress of the United States under its
   42  constitutional power to regulate commerce among the several
   43  states.
   44         (3) Any official, agent, or employee of the Federal
   45  Government or any employee of an entity providing services to
   46  the Federal Government who attempts to enforce any federal law,
   47  rule, or regulation in violation of this section commits a
   48  felony of the third degree, punishable as provided in s.
   49  775.082, s. 775.083, or s. 775.084, Florida Statutes.
   50         (4) Any official, agent, or employee of this state who
   51  attempts to enforce any federal law, rule, or regulation in
   52  violation of this section commits a felony of the third degree,
   53  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   54  Florida Statutes.
   55         (5) This section applies to goods and services that are
   56  produced, retained, or performed in this state on or after July
   57  1, 2012.
   58         Section 2. This act shall take effect July 1, 2012.