ENROLLED 2017 Legislature CS for CS for SB 884 2017884er 1 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 license privileges from 7 engaging in certain activities; providing an effective 8 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 species of the orders 20 Carcharhiniformes, Lamniformes, Hexanchiformes, 21 Orectolobiformes, Pristiophoriformes, Squaliformes, 22 Squatiniformes, or any part thereof. 23 (c) “Shark fin” means the detached fin of a shark, 24 including the caudal or tail fin, or any portion thereof. 25 (d) “Separated,” with respect to a shark fin, means not 26 naturally attached to the corresponding shark body through some 27 portion of uncut skin. 28 (2) A person may not possess in or on the waters of this 29 state a shark fin that has been separated from a shark or land a 30 separated shark fin in this state, unless: 31 (a) Such possession is authorized by commission rule; or 32 (b) Such fin has been lawfully obtained on land, prepared 33 by taxidermy, and is possessed for the purposes of display. 34 (3) A person who violates this section is subject to the 35 following penalties: 36 (a) For a first 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 $4,500 and suspend all of the person’s license privileges under 40 this chapter for 180 days. 41 (b) For a second violation, a misdemeanor of the second 42 degree, punishable as provided in s. 775.082 or s. 775.083. In 43 addition, the commission shall assess an administrative fine of 44 $9,500 and suspend all of the person’s license privileges under 45 this chapter for 365 days. 46 (c) For a third and any subsequent violation, a misdemeanor 47 of the first degree, punishable as provided in s. 775.082 or s. 48 775.083. In addition, the commission shall assess an 49 administrative fine of $9,500 and permanently revoke all of the 50 person’s license privileges under this chapter. 51 52 While his or her license privileges are under suspension or 53 revocation pursuant to this subsection, a person may not 54 participate in the taking or harvesting, or attempt the taking 55 or harvesting, of saltwater products from any vessel within the 56 waters of the state; be aboard any vessel on which a commercial 57 quantity of saltwater products is possessed through an activity 58 requiring a license pursuant to this chapter; or engage in any 59 other activity requiring a license, permit, or certificate 60 issued pursuant to this chapter. 61 Section 2. This act shall take effect October 1, 2017.