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         379.2426Possession 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