Florida Senate - 2020                CS for CS for CS for SB 680
       
       
        
       By the Committees on Rules; Commerce and Tourism; and
       Environment and Natural Resources; and Senators Hutson, Gruters,
       Stewart, Berman, and Book
       
       
       
       595-04443-20                                           2020680c3
    1                        A bill to be entitled                      
    2         An act relating to shark fins; amending s. 379.2426,
    3         F.S.; prohibiting the import of shark fins to this
    4         state; prohibiting the sale of shark fins within or
    5         the export of shark fins from this state; providing
    6         applicability; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 379.2426, Florida Statutes, is amended
   11  to read:
   12         379.2426 Regulation Possession of separated shark fins on
   13  the water prohibited; penalties.—
   14         (1) As used in this section, the term:
   15         (a) “Land” means the physical act of bringing a harvested
   16  organism, or any part thereof, ashore.
   17         (b) “Shark” means any species of the orders
   18  Carcharhiniformes, Lamniformes, Hexanchiformes,
   19  Orectolobiformes, Pristiophoriformes, Squaliformes,
   20  Squatiniformes, or any part thereof.
   21         (c) “Shark fin” means the detached fin of a shark,
   22  including the caudal or tail fin, or any portion thereof.
   23         (d) “Separated,” with respect to a shark fin, means not
   24  naturally attached to the corresponding shark body through some
   25  portion of uncut skin.
   26         (2) A person may not possess in or on the waters of this
   27  state a shark fin that has been separated from a shark or land a
   28  separated shark fin in this state, unless:
   29         (a) Such possession is authorized by commission rule; or
   30         (b) Such fin has been lawfully obtained on land, prepared
   31  by taxidermy, and is possessed for the purposes of display.
   32         (3)The import of shark fins to this state is prohibited.
   33         (4)(a)Except as provided under paragraph (b), the sale of
   34  shark fins in this state and the export of shark fins from this
   35  state are prohibited.
   36         (b)This subsection does not apply to any commercial
   37  fisherman who harvested sharks from a vessel that has been
   38  issued a valid federal shark fishing permit on or before January
   39  1, 2020, or to seafood dealers who harvest and possess sharks,
   40  shark fins, and associated shark products that are legally
   41  landed, handled, processed, and transported. This paragraph
   42  expires on January 1, 2025.
   43         (5)(3) A person who violates this section is subject to the
   44  following penalties:
   45         (a) For a first violation, a misdemeanor of the second
   46  degree, punishable as provided in s. 775.082 or s. 775.083. In
   47  addition, the commission shall assess an administrative fine of
   48  $4,500 and suspend all of the person’s license privileges under
   49  this chapter for 180 days.
   50         (b) For a second violation, a misdemeanor of the second
   51  degree, punishable as provided in s. 775.082 or s. 775.083. In
   52  addition, the commission shall assess an administrative fine of
   53  $9,500 and suspend all of the person’s license privileges under
   54  this chapter for 365 days.
   55         (c) For a third and any subsequent violation, a misdemeanor
   56  of the first degree, punishable as provided in s. 775.082 or s.
   57  775.083. In addition, the commission shall assess an
   58  administrative fine of $9,500 and permanently revoke all of the
   59  person’s license privileges under this chapter.
   60  
   61  While his or her license privileges are under suspension or
   62  revocation pursuant to this subsection, a person may not
   63  participate in the taking or harvesting, or attempt the taking
   64  or harvesting, of saltwater products from any vessel within the
   65  waters of the state; be aboard any vessel on which a commercial
   66  quantity of saltwater products is possessed through an activity
   67  requiring a license pursuant to this chapter; or engage in any
   68  other activity requiring a license, permit, or certificate
   69  issued pursuant to this chapter.
   70         Section 2. This act shall take effect October 1, 2020.