Florida Senate - 2020 SB By Senator Hutson 7-00947-20 2020680__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to shark fins; amending s. 379.2426, 2 F.S.; prohibiting the import, export, and sale of shark fins; providing an effective date. 4

Be It Enacted by the Legislature of the State of Florida: 6

Section

Section 379.2426, Florida Statutes, is amended to read: 9 379.2426 Possession, import, export, and sale of separated shark fins on the water prohibited; penalties.— 11

(1) As used in this section, the term: 12

(a) “Land” means the physical act of bringing a harvested organism, or any part thereof, ashore. 14

(b) “Shark” means any species of the orders Carcharhiniformes, Lamniformes, Hexanchiformes, 16 Orectolobiformes, Pristiophoriformes, Squaliformes, 17 Squatiniformes, or any part thereof. 18

(c) “Shark fin” means the detached fin of a shark, 19 including the caudal or tail fin, or any portion thereof. 20

(d) “Separated,” with respect to a shark fin, means not naturally attached to the corresponding shark body through some portion of uncut skin. 23

(2) A person may not possess in or on the waters of this state a shark fin that has been separated from a shark or land a separated shark fin in this state, unless: 26

(

a) Such possession is authorized by commission rule; or 27

(

b) Such fin has been lawfully obtained on land, prepared by taxidermy, and is possessed for the purposes of display. 29 Florida Senate - 2020 SB 680 7-00947-20 2020680__ CODING: Words stricken are deletions; words underlined are additions.

(3) Notwithstanding any other law, the import, export, and sale of shark fins is prohibited and nothing in this

section authorizes such activities. 32 (4)

(3) A person who violates this

section is subject to the following penalties: 34

(

a) For a first violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the commission shall assess an administrative fine of 37 $4,500 and suspend all of the person’s license privileges under this

chapter for days. 39

(

b) For a second violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the commission shall assess an administrative fine of 42 $9,500 and suspend all of the person’s license privileges under this

chapter for days. 44

(

c) For a third and any subsequent violation, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 46 775.083.

In addition, the commission shall assess an administrative fine of $9,500 and permanently revoke all of the person’s license privileges under this chapter. 49 While his or her license privileges are under suspension or revocation pursuant to this subsection, a person may not participate in the taking or harvesting, or attempt the taking or harvesting, of saltwater products from any vessel within the waters of the state; be aboard any vessel on which a commercial quantity of saltwater products is possessed through an activity requiring a license pursuant to this chapter; or engage in any other activity requiring a license, permit, or certificate Florida Senate - 2020 SB 680 7-00947-20 2020680__ CODING: Words stricken are deletions; words underlined are additions. issued pursuant to this chapter. 59

Section 2. This act shall take effect October 1, 2020. 60