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.