Florida Senate - 2020 SB 680
By Senator Hutson
1 A bill to be entitled
2 An act relating to shark fins; amending s. 379.2426,
3 F.S.; prohibiting the import, export, and sale of
4 shark fins; providing an effective date.
6 Be It Enacted by the Legislature of the State of Florida:
8 Section 1. Section 379.2426, Florida Statutes, is amended
9 to read:
10 379.2426 Possession, import, export, and sale of separated
11 shark fins
on the water prohibited; penalties.—
12 (1) As used in this section, the term:
13 (a) “Land” means the physical act of bringing a harvested
14 organism, or any part thereof, ashore.
15 (b) “Shark” means any species of the orders
16 Carcharhiniformes, Lamniformes, Hexanchiformes,
17 Orectolobiformes, Pristiophoriformes, Squaliformes,
18 Squatiniformes, or any part thereof.
19 (c) “Shark fin” means the detached fin of a shark,
20 including the caudal or tail fin, or any portion thereof.
21 (d) “Separated,” with respect to a shark fin, means not
22 naturally attached to the corresponding shark body through some
23 portion of uncut skin.
24 (2) A person may not possess in or on the waters of this
25 state a shark fin that has been separated from a shark or land a
26 separated shark fin in this state, unless:
27 (a) Such possession is authorized by commission rule; or
28 (b) Such fin has been lawfully obtained on land, prepared
29 by taxidermy, and is possessed for the purposes of display.
30 (3) Notwithstanding any other law, the import, export, and
31 sale of shark fins is prohibited and nothing in this section
32 authorizes such activities.
33 (4) (3) A person who violates this section is subject to the
34 following penalties:
35 (a) For a first violation, a misdemeanor of the second
36 degree, punishable as provided in s. 775.082 or s. 775.083. In
37 addition, the commission shall assess an administrative fine of
38 $4,500 and suspend all of the person’s license privileges under
39 this chapter for 180 days.
40 (b) For a second violation, a misdemeanor of the second
41 degree, punishable as provided in s. 775.082 or s. 775.083. In
42 addition, the commission shall assess an administrative fine of
43 $9,500 and suspend all of the person’s license privileges under
44 this chapter for 365 days.
45 (c) For a third and any subsequent violation, a misdemeanor
46 of the first degree, punishable as provided in s. 775.082 or s.
47 775.083. In addition, the commission shall assess an
48 administrative fine of $9,500 and permanently revoke all of the
49 person’s license privileges under this chapter.
51 While his or her license privileges are under suspension or
52 revocation pursuant to this subsection, a person may not
53 participate in the taking or harvesting, or attempt the taking
54 or harvesting, of saltwater products from any vessel within the
55 waters of the state; be aboard any vessel on which a commercial
56 quantity of saltwater products is possessed through an activity
57 requiring a license pursuant to this chapter; or engage in any
58 other activity requiring a license, permit, or certificate
59 issued pursuant to this chapter.
60 Section 2. This act shall take effect October 1, 2020.