Florida Senate - 2020                                     SB 680
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00947-20                                             2020680__
    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.
    5          
    6  Be It Enacted by the Legislature of the State of Florida:
    7  
    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.
   50  
   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.