The Florida Senate

¹370.114  Taking of marine corals and sea fans regulated; penalties.--

(1)  It is unlawful for any person, as defined in s. 1.01:

(a)  To take, attempt to take, or otherwise destroy, or to sell or attempt to sell, any sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina or any hard or stony coral (Scleractinia) or any fire coral (Millepora); or

(b)  To possess any fresh, uncleaned, or uncured sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina or any fresh, uncleaned, or uncured hard or stony coral (Scleractinia) or any fresh, uncleaned, or uncured fire coral (Millepora);

unless it can be proven by certified invoice that the sea fan or coral was imported from a foreign country or unless it can be proven that the sea fan or coral was lawfully taken before July 1, 1976.

(2)  This section shall not apply to any sea fan or coral taken for scientific or educational purposes when the taking is approved and permitted by the department.

(3)  It is unlawful to take coral from, or possess it in, the John Pennekamp Coral Reef State Park. The provisions of s. 258.083 shall be in addition to the provisions of this subsection.

History.--ss. 1, 2, 3, ch. 73-145; s. 1, ch. 74-214; s. 1, ch. 75-38; s. 1, ch. 76-30; s. 6, ch. 83-134; s. 2, ch. 84-121; ss. 16, 17, ch. 85-234; s. 5, ch. 86-219; s. 19, ch. 86-240.

¹Note.--Section 6, ch. 83-134, as amended by s. 2, ch. 84-121; by s. 5, ch. 86-219; and by s. 19, ch. 86-240, repealed the then-existing section effective July 1, 1984, and further provided that if the Governor and Cabinet had not adopted appropriate rules by July 1, 1984, this section would remain in force until such rules were effective. Section 9, ch. 83-134, provided that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 6, the Marine Fisheries Commission would hold a public hearing thereon, and no such amendment, readoption, or repeal would be acted upon until it had been determined, based upon appropriate findings of fact, that such action would not adversely affect the resource.