| 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 |
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| 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 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. (1) This section may be cited as the |
| 37 | "Intrastate 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. |