Florida Senate - 2017 CS for SB 884
By the Committee on Environmental Preservation and Conservation;
and Senator Hutson
592-02438-17 2017884c1
1 A bill to be entitled
2 An act relating to shark fins; creating s. 379.2426,
3 F.S.; defining terms; prohibiting persons from
4 possessing separated shark fins except under certain
5 conditions; providing penalties; prohibiting persons
6 with suspended or revoked saltwater license privileges
7 from engaging in certain activities; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 379.2426, Florida Statutes, is created
13 to read:
14 379.2426 Possession of separated shark fins on the water
15 prohibited; penalties.—
16 (1)°As used in this section, the term:
17 (a) “Land” means the physical act of bringing a harvested
18 organism, or any part thereof, ashore.
19 (b) “Shark” means any of the species from the superorder
20 Selachimorpha.
21 (c) “Shark fin” means the detached fin of a shark,
22 including the caudal or tail fin, or any portion thereof.
23 (2) A person may not possess in or on the waters of this
24 state a shark fin that has been separated from a shark or land a
25 separated shark fin in this state, unless:
26 (a) Such possession is authorized by commission rule; or
27 (b) Such fin has been lawfully obtained on land, prepared
28 by taxidermy, and is possessed for the purposes of display.
29 (3) A commercial harvester who commits a violation of this
30 section is subject to the following penalties:
31 (a) For a first violation, a misdemeanor of the second
32 degree, punishable as provided in s. 775.082 or s. 775.083. In
33 addition, the commission shall assess an administrative fine of
34 $5,000 and suspend all of the harvester’s saltwater license
35 privileges under this chapter for 180 days.
36 (b) For a second violation, a misdemeanor of the second
37 degree, punishable as provided in s. 775.082 or s. 775.083. In
38 addition, the commission shall assess an administrative fine of
39 $10,000 and suspend all of the harvester’s saltwater license
40 privileges under this chapter for 180 days.
41 (c) For a third and any subsequent violations, a
42 misdemeanor of the first degree, punishable as provided in s.
43 775.082 or s. 775.083. In addition, the commission shall assess
44 an administrative fine of $10,000 and permanently revoke all of
45 the harvester’s saltwater license privileges under this chapter.
46
47 While his or her saltwater license privileges are under
48 suspension or revocation pursuant to this subsection, a person
49 may not participate in the taking or harvesting, or attempt the
50 taking or harvesting, of saltwater products from any vessel
51 within the waters of the state; be aboard any vessel on which a
52 commercial quantity of saltwater products is possessed through
53 an activity requiring a license pursuant to this chapter; or
54 engage in any other activity requiring a license, permit, or
55 certificate issued pursuant to this chapter.
56 (4) A person in violation of this section who is not a
57 commercial harvester is subject to the following penalties:
58 (a) For a first violation, a misdemeanor of the second
59 degree, punishable as provided in s. 775.082 or s. 775.083. In
60 addition, the commission shall assess an administrative fine of
61 up $5,000.
62 (b) For a second violation, a misdemeanor of the first
63 degree, punishable as provided in s. 775.082 or s. 775.083. In
64 addition, the commission shall assess an administrative fine of
65 up to $10,000.
66 (c) For a third and any subsequent violations, a
67 misdemeanor of the first degree, punishable as provided in s.
68 775.082 or s. 775.083. In addition, the commission shall assess
69 an administrative fine of no less than $5,000, but not more than
70 $10,000.
71 Section 2. This act shall take effect October 1, 2017.
72