Florida Senate - 2014                              CS for SB 540
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senators Simmons, Soto, and Abruzzo
       
       
       
       
       592-02203A-14                                          2014540c1
    1                        A bill to be entitled                      
    2         An act relating to sharks; amending s. 379.407, F.S.;
    3         providing penalties for possession of separated shark
    4         fins on state waters; amending s. 379.401, F.S.;
    5         conforming a cross-reference; providing an effective
    6         date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Present subsections (5) through (8) of section
   11  379.407, Florida Statutes, are renumbered as subsections (6)
   12  through (9), respectively, and a new subsection (5) is added to
   13  that section, to read:
   14         379.407 Administration; rules, publications, records;
   15  penalties; injunctions.—
   16         (5) PENALTIES FOR POSSESSION OF SEPARATED SHARK FINS ON THE
   17  WATER.—
   18         (a) It shall be unlawful for a commercial harvester to
   19  possess separated shark fins while on the waters of this state.
   20  It is a major violation under this section for a commercial
   21  harvester to be in possession of shark fins on state waters that
   22  are not attached to a shark carcass.
   23         (b) A commercial harvester who violates this subsection
   24  shall be punished as follows:
   25         1. A first violation is a misdemeanor of the second degree,
   26  punishable as provided in s. 775.082 or s. 775.083, and such
   27  person is subject to a suspension of all license privileges
   28  under this chapter for 30 days.
   29         2. A second violation is a misdemeanor of the first degree,
   30  punishable as provided in s. 775.082 or s. 775.083, and such
   31  person is subject to a suspension of all license privileges
   32  under this chapter for 90 days.
   33         3. A third violation is a misdemeanor of the first degree,
   34  punishable as provided in s. 775.082 or s. 775.083, with a
   35  mandatory minimum term of imprisonment of 6 months, and such
   36  person may also be assessed a civil penalty of up to $2,500 and
   37  is subject to a suspension of all license privileges under this
   38  chapter for 6 months.
   39         4. A third violation within 1 year after a second violation
   40  is a felony of the third degree, punishable as provided in s.
   41  775.082, s. 775.083, or s. 775.084, with a mandatory minimum
   42  term of imprisonment of 1 year, and such person shall be
   43  assessed a civil penalty of $5,000, and all license privileges
   44  under this chapter shall be permanently revoked.
   45         5. A fourth or subsequent violation is a felony of the
   46  third degree, punishable as provided in s. 775.082, s. 775.083,
   47  or s. 775.084, with a mandatory minimum term of imprisonment of
   48  1 year, and such person shall be assessed a civil penalty of
   49  $5,000, and all license privileges under this chapter shall be
   50  permanently revoked.
   51         Section 2. Paragraph (a) of subsection (2) of section
   52  379.401, Florida Statutes, is amended to read:
   53         379.401 Penalties and violations; civil penalties for
   54  noncriminal infractions; criminal penalties; suspension and
   55  forfeiture of licenses and permits.—
   56         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
   57  violation if he or she violates any of the following provisions:
   58         1. Rules or orders of the commission relating to seasons or
   59  time periods for the taking of wildlife, freshwater fish, or
   60  saltwater fish.
   61         2. Rules or orders of the commission establishing bag,
   62  possession, or size limits or restricting methods of taking
   63  wildlife, freshwater fish, or saltwater fish.
   64         3. Rules or orders of the commission prohibiting access or
   65  otherwise relating to access to wildlife management areas or
   66  other areas managed by the commission.
   67         4. Rules or orders of the commission relating to the
   68  feeding of wildlife, freshwater fish, or saltwater fish.
   69         5. Rules or orders of the commission relating to landing
   70  requirements for freshwater fish or saltwater fish.
   71         6. Rules or orders of the commission relating to restricted
   72  hunting areas, critical wildlife areas, or bird sanctuaries.
   73         7. Rules or orders of the commission relating to tagging
   74  requirements for wildlife and fur-bearing animals.
   75         8. Rules or orders of the commission relating to the use of
   76  dogs for the taking of wildlife.
   77         9. Rules or orders of the commission which are not
   78  otherwise classified.
   79         10. Rules or orders of the commission prohibiting the
   80  unlawful use of finfish traps.
   81         11. All prohibitions in this chapter which are not
   82  otherwise classified.
   83         12. Section 379.33, prohibiting the violation of or
   84  noncompliance with commission rules.
   85         13. Section 379.407(7) Section 379.407(6), prohibiting the
   86  sale, purchase, harvest, or attempted harvest of any saltwater
   87  product with intent to sell.
   88         14. Section 379.2421, prohibiting the obstruction of
   89  waterways with net gear.
   90         15. Section 379.413, prohibiting the unlawful taking of
   91  bonefish.
   92         16. Section 379.365(2)(a) and (b), prohibiting the
   93  possession or use of stone crab traps without trap tags and
   94  theft of trap contents or gear.
   95         17. Section 379.366(4)(b), prohibiting the theft of blue
   96  crab trap contents or trap gear.
   97         18. Section 379.3671(2)(c), prohibiting the possession or
   98  use of spiny lobster traps without trap tags or certificates and
   99  theft of trap contents or trap gear.
  100         19. Section 379.357, prohibiting the possession of tarpon
  101  without purchasing a tarpon tag.
  102         20. Rules or orders of the commission prohibiting the
  103  feeding or enticement of alligators or crocodiles.
  104         21. Section 379.105, prohibiting the intentional harassment
  105  of hunters, fishers, or trappers.
  106         Section 3. This act shall take effect July 1, 2014.