Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 884
Ì683830#Î683830
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/14/2017 .
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The Committee on Environmental Preservation and Conservation
(Hutson) recommended the following:
1 Senate Amendment (with title amendment)
2 Delete everything after the enacting clause
3 and insert:
4
5 Section 1. Section 379.2426, Florida Statutes, is created
6 to read:
7 379.2426 Possession of separated shark fins on the water
8 prohibited; penalties.—
9 (1)°As used in this section, the term:
10 (a) “Land” means the physical act of bringing a harvested
11 organism, or any part thereof, ashore.
12 (b) “Shark” means any of the species from the superorder
13 Selachimorpha.
14 (c) “Shark fin” means the detached fin of a shark,
15 including the caudal or tail fin, or any portion thereof.
16 (2) A person may not possess in or on the waters of this
17 state a shark fin that has been separated from a shark or land a
18 separated shark fin in this state, unless:
19 (a) Such possession is authorized by commission rule; or
20 (b) Such fin has been lawfully obtained on land, prepared
21 by taxidermy, and is possessed for the purposes of display.
22 (3) A commercial harvester who commits a violation of this
23 section is subject to the following penalties:
24 (a) For a first violation, a misdemeanor of the second
25 degree, punishable as provided in s. 775.082 or s. 775.083. In
26 addition, the commission shall assess an administrative fine of
27 $5,000 and suspend all of the harvester’s saltwater license
28 privileges under this chapter for 180 days.
29 (b) For a second violation, a misdemeanor of the second
30 degree, punishable as provided in s. 775.082 or s. 775.083. In
31 addition, the commission shall assess an administrative fine of
32 $10,000 and suspend all of the harvester’s saltwater license
33 privileges under this chapter for 180 days.
34 (c) For a third and any subsequent violations, a
35 misdemeanor of the first degree, punishable as provided in s.
36 775.082 or s. 775.083. In addition, the commission shall assess
37 an administrative fine of $10,000 and permanently revoke all of
38 the harvester’s saltwater license privileges under this chapter.
39
40 While his or her saltwater license privileges are under
41 suspension or revocation pursuant to this subsection, a person
42 may not participate in the taking or harvesting, or attempt the
43 taking or harvesting, of saltwater products from any vessel
44 within the waters of the state; be aboard any vessel on which a
45 commercial quantity of saltwater products is possessed through
46 an activity requiring a license pursuant to this chapter; or
47 engage in any other activity requiring a license, permit, or
48 certificate issued pursuant to this chapter.
49 (4) A person in violation of this section who is not a
50 commercial harvester is subject to the following penalties:
51 (a) For a first violation, a misdemeanor of the second
52 degree, punishable as provided in s. 775.082 or s. 775.083. In
53 addition, the commission shall assess an administrative fine of
54 up $5,000.
55 (b) For a second violation, a misdemeanor of the first
56 degree, punishable as provided in s. 775.082 or s. 775.083. In
57 addition, the commission shall assess an administrative fine of
58 up to $10,000.
59 (c) For a third and any subsequent violations, a
60 misdemeanor of the first degree, punishable as provided in s.
61 775.082 or s. 775.083. In addition, the commission shall assess
62 an administrative fine of no less than $5,000, but not more than
63 $10,000.
64 Section 2. This act shall take effect October 1, 2017.
65
66 ================= T I T L E A M E N D M E N T ================
67 And the title is amended as follows:
68 Delete everything before the enacting clause
69 and insert:
70 A bill to be entitled
71 An act relating to shark fins; creating s. 379.2426,
72 F.S.; defining terms; prohibiting persons from
73 possessing separated shark fins except under certain
74 conditions; providing penalties; prohibiting persons
75 with suspended or revoked saltwater license privileges
76 from engaging in certain activities; providing an
77 effective date.