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.