Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 884
       
       
       
       
       
       
                                Ì453552%Î453552                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2017           .                                
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       The Committee on Appropriations (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 379.2426, Florida Statutes, is created
    6  to read:
    7         379.2426 Possession of separated shark fins on the water
    8  prohibited; penalties.—
    9         (1)°As used in this section, the term:
   10         (a) “Land” means the physical act of bringing a harvested
   11  organism, or any part thereof, ashore.
   12         (b) “Shark” means any species of the orders
   13  Carcharhiniformes, Lamniformes, Hexanchiformes,
   14  Orectolobiformes, Pristiophoriformes, Squaliformes,
   15  Squatiniformes, or any part thereof.
   16         (c) “Shark fin” means the detached fin of a shark,
   17  including the caudal or tail fin, or any portion thereof.
   18         (d) “Separated,” with respect to a shark fin, means not
   19  naturally attached to the corresponding shark body through some
   20  portion of uncut skin.
   21         (2) A person may not possess in or on the waters of this
   22  state a shark fin that has been separated from a shark or land a
   23  separated shark fin in this state, unless:
   24         (a) Such possession is authorized by commission rule; or
   25         (b) Such fin has been lawfully obtained on land, prepared
   26  by taxidermy, and is possessed for the purposes of display.
   27         (3) A person who violates this section is subject to the
   28  following penalties:
   29         (a) For a first violation, a misdemeanor of the second
   30  degree, punishable as provided in s. 775.082 or s. 775.083. In
   31  addition, the commission shall assess an administrative fine of
   32  $4,500 and suspend all of the person’s license privileges under
   33  this chapter for 180 days.
   34         (b) For a second violation, a misdemeanor of the second
   35  degree, punishable as provided in s. 775.082 or s. 775.083. In
   36  addition, the commission shall assess an administrative fine of
   37  $9,500 and suspend all of the person’s license privileges under
   38  this chapter for 365 days.
   39         (c) For a third and any subsequent violation, a misdemeanor
   40  of the first degree, punishable as provided in s. 775.082 or s.
   41  775.083. In addition, the commission shall assess an
   42  administrative fine of $9,500 and permanently revoke all of the
   43  person’s license privileges under this chapter.
   44  
   45  While his or her license privileges are under suspension or
   46  revocation pursuant to this subsection, a person may not
   47  participate in the taking or harvesting, or attempt the taking
   48  or harvesting, of saltwater products from any vessel within the
   49  waters of the state; be aboard any vessel on which a commercial
   50  quantity of saltwater products is possessed through an activity
   51  requiring a license pursuant to this chapter; or engage in any
   52  other activity requiring a license, permit, or certificate
   53  issued pursuant to this chapter.
   54         Section 2. This act shall take effect October 1, 2017.
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete everything before the enacting clause
   59  and insert:
   60                        A bill to be entitled                      
   61         An act relating to shark fins; creating s. 379.2426,
   62         F.S.; defining terms; prohibiting persons from
   63         possessing separated shark fins except under certain
   64         conditions; providing penalties; prohibiting persons
   65         with suspended or revoked license privileges from
   66         engaging in certain activities; providing an effective
   67         date.