HM 1601

1	House Memorial
2	A memorial to the Congress of the United States, urging
3	Congress to restore, protect, and enhance intellectual and
4	physical property rights in federal law and trade
5	agreements as the Florida Legislature resolves to restore,
6	protect, and enhance intellectual and physical property
7	rights in Florida law.
8
9	WHEREAS, the Fifth Amendment of the United States
10	Constitution states, in part, "...nor shall private property be
11	taken for public use, without just compensation", and
12	WHEREAS, the decision of the Supreme Court of the United
13	States in Kelo v. City of New London gave local governments and
14	municipalities the power to seize private property for private
15	enterprises in order to increase tax revenue and stimulate
16	economic development, not for any public use or purpose, and
17	WHEREAS, this interpretation of the eminent domain power
18	infringes upon the most fundamental of rights and endangers
19	property owners across the nation, and
20	WHEREAS, Article I, Section 8 of the United States
21	Constitution states, in part, "The Congress shall have Power
22	To...promote the Progress of Science and useful Arts, by
23	securing for limited Times to Authors and Inventors the
24	exclusive Right to their respective Writings and
25	Discoveries...", and
26	WHEREAS, the exclusive right of authors and inventors to
27	their intellectual property is being subjected to increasing
28	infringement and threats of infringement by both public and
29	private entities, ranging from global piracy to illegal sharing
30	of content files on college campuses to governmental abrogation,
31	and
32	WHEREAS, state legislatures have the duty to limit both
33	public and private infringements of private entities' rights to
34	use and enjoyment of physical and intellectual property on
35	matters within their authority, and to oppose such violations on
36	matters beyond their authority, NOW, THEREFORE,
37
38	Be It Resolved by the Legislature of the State of Florida:
39
40	That the Florida Legislature finds and declares that
41	governmental takings of either physical or intellectual property
42	for nonpublic uses or purposes, governmental abrogation of
43	physical or intellectual property rights without compensation,
44	and illegal use of physical or intellectual property by private
45	entities are violations of the fundamental rights of the owners
46	of physical and intellectual property.
47	BE IT FURTHER RESOLVED that the Florida Legislature shall
48	work to restore, protect, and enhance intellectual and physical
49	property rights in Florida law by reviewing current state law
50	and pending legislation and revising such law and legislation
51	accordingly.
52	BE IT FURTHER RESOLVED that the Florida Legislature urges
53	Congress likewise to restore, protect, and enhance intellectual
54	and physical property rights in federal law and all trade
55	agreements by reviewing current federal law and trade agreements
56	and pending federal legislation and trade agreements and
57	revising such law, legislation, and current or pending trade
58	agreements accordingly.
59	BE IT FURTHER RESOLVED that copies of this memorial be
60	dispatched to the President of the United States, to the
61	President of the United States Senate, to the Speaker of the
62	United States House of Representatives, and to each member of
63	the Florida delegation to the United States Congress.

CODING: Words stricken are deletions; words underlined are additions.