Florida Senate - 2020                       CS for CS for SB 680
       
       
        
       By the Committees on Commerce and Tourism; and Environment and
       Natural Resources; and Senators Hutson, Gruters, Stewart,
       Berman, and Book
       
       
       
       577-03840-20                                           2020680c2
    1                        A bill to be entitled                      
    2         An act relating to shark fins; amending s. 379.2426,
    3         F.S.; prohibiting the import of shark fins to this
    4         state; prohibiting the sale of shark fins within or
    5         the export of shark fins from this state; providing
    6         applicability; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 379.2426, Florida Statutes, is amended
   11  to read:
   12         379.2426 Regulation Possession of separated shark fins on
   13  the water prohibited; penalties.—
   14         (1) As used in this section, the term:
   15         (a) “Land” means the physical act of bringing a harvested
   16  organism, or any part thereof, ashore.
   17         (b) “Shark” means any species of the orders
   18  Carcharhiniformes, Lamniformes, Hexanchiformes,
   19  Orectolobiformes, Pristiophoriformes, Squaliformes,
   20  Squatiniformes, or any part thereof.
   21         (c) “Shark fin” means the detached fin of a shark,
   22  including the caudal or tail fin, or any portion thereof.
   23         (d) “Separated,” with respect to a shark fin, means not
   24  naturally attached to the corresponding shark body through some
   25  portion of uncut skin.
   26         (2) A person may not possess in or on the waters of this
   27  state a shark fin that has been separated from a shark or land a
   28  separated shark fin in this state, unless:
   29         (a) Such possession is authorized by commission rule; or
   30         (b) Such fin has been lawfully obtained on land, prepared
   31  by taxidermy, and is possessed for the purposes of display.
   32         (3)The import of shark fins to this state is prohibited.
   33         (4)(a)Except as provided under paragraph (b), the sale of
   34  shark fins in this state and the export of shark fins from this
   35  state are prohibited.
   36         (b)This subsection does not apply to any commercial
   37  fisherman who holds a valid federal shark fishing permit on
   38  January 1, 2020, or to seafood dealers who harvest and possess
   39  sharks, shark fins, and associated shark products that are
   40  legally landed, handled, processed, and transported. This
   41  paragraph expires on January 1, 2025.
   42         (5)(3) A person who violates this section is subject to the
   43  following penalties:
   44         (a) For a first violation, a misdemeanor of the second
   45  degree, punishable as provided in s. 775.082 or s. 775.083. In
   46  addition, the commission shall assess an administrative fine of
   47  $4,500 and suspend all of the person’s license privileges under
   48  this chapter for 180 days.
   49         (b) For a second violation, a misdemeanor of the second
   50  degree, punishable as provided in s. 775.082 or s. 775.083. In
   51  addition, the commission shall assess an administrative fine of
   52  $9,500 and suspend all of the person’s license privileges under
   53  this chapter for 365 days.
   54         (c) For a third and any subsequent violation, a misdemeanor
   55  of the first degree, punishable as provided in s. 775.082 or s.
   56  775.083. In addition, the commission shall assess an
   57  administrative fine of $9,500 and permanently revoke all of the
   58  person’s license privileges under this chapter.
   59  
   60  While his or her license privileges are under suspension or
   61  revocation pursuant to this subsection, a person may not
   62  participate in the taking or harvesting, or attempt the taking
   63  or harvesting, of saltwater products from any vessel within the
   64  waters of the state; be aboard any vessel on which a commercial
   65  quantity of saltwater products is possessed through an activity
   66  requiring a license pursuant to this chapter; or engage in any
   67  other activity requiring a license, permit, or certificate
   68  issued pursuant to this chapter.
   69         Section 2. This act shall take effect October 1, 2020.