Bill Text: FL S0540 | 2014 | Regular Session | Comm Sub
Bill Title: Sharks
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-05-02 - Died on Calendar [S0540 Detail]
Download: Florida-2014-S0540-Comm_Sub.html
Florida Senate - 2014 CS for SB 540
By the Committee on Environmental Preservation and Conservation;
and Senators Simmons, Soto, and Abruzzo
592-02203A-14 2014540c1
1 A bill to be entitled
2 An act relating to sharks; amending s. 379.407, F.S.;
3 providing penalties for possession of separated shark
4 fins on state waters; amending s. 379.401, F.S.;
5 conforming a cross-reference; providing an effective
6 date.
7
8
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Present subsections (5) through (8) of section
13 379.407, Florida Statutes, are renumbered as subsections (6)
14 through (9), respectively, and a new subsection (5) is added to
15 that section, to read:
16 379.407 Administration; rules, publications, records;
17 penalties; injunctions.—
18 (5) PENALTIES FOR POSSESSION OF SEPARATED SHARK FINS ON THE
19 WATER.—
20 (a) It shall be unlawful for a commercial harvester to
21 possess separated shark fins while on the waters of this state.
22 It is a major violation under this section for a commercial
23 harvester to be in possession of shark fins on state waters that
24 are not attached to a shark carcass.
25 (b) A commercial harvester who violates this subsection
26 shall be punished as follows:
27 1. A first violation is a misdemeanor of the second degree,
28 punishable as provided in s. 775.082 or s. 775.083, and such
29 person is subject to a suspension of all license privileges
30 under this chapter for 30 days.
31 2. A second violation is a misdemeanor of the first degree,
32 punishable as provided in s. 775.082 or s. 775.083, and such
33 person is subject to a suspension of all license privileges
34 under this chapter for 90 days.
35 3. A third violation is a misdemeanor of the first degree,
36 punishable as provided in s. 775.082 or s. 775.083, with a
37 mandatory minimum term of imprisonment of 6 months, and such
38 person may also be assessed a civil penalty of up to $2,500 and
39 is subject to a suspension of all license privileges under this
40 chapter for 6 months.
41 4. A third violation within 1 year after a second violation
42 is a felony of the third degree, punishable as provided in s.
43 775.082, s. 775.083, or s. 775.084, with a mandatory minimum
44 term of imprisonment of 1 year, and such person shall be
45 assessed a civil penalty of $5,000, and all license privileges
46 under this chapter shall be permanently revoked.
47 5. A fourth or subsequent violation is a felony of the
48 third degree, punishable as provided in s. 775.082, s. 775.083,
49 or s. 775.084, with a mandatory minimum term of imprisonment of
50 1 year, and such person shall be assessed a civil penalty of
51 $5,000, and all license privileges under this chapter shall be
52 permanently revoked.
53 Section 2. Paragraph (a) of subsection (2) of section
54 379.401, Florida Statutes, is amended to read:
55 379.401 Penalties and violations; civil penalties for
56 noncriminal infractions; criminal penalties; suspension and
57 forfeiture of licenses and permits.—
58 (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
59 violation if he or she violates any of the following provisions:
60 1. Rules or orders of the commission relating to seasons or
61 time periods for the taking of wildlife, freshwater fish, or
62 saltwater fish.
63 2. Rules or orders of the commission establishing bag,
64 possession, or size limits or restricting methods of taking
65 wildlife, freshwater fish, or saltwater fish.
66 3. Rules or orders of the commission prohibiting access or
67 otherwise relating to access to wildlife management areas or
68 other areas managed by the commission.
69 4. Rules or orders of the commission relating to the
70 feeding of wildlife, freshwater fish, or saltwater fish.
71 5. Rules or orders of the commission relating to landing
72 requirements for freshwater fish or saltwater fish.
73 6. Rules or orders of the commission relating to restricted
74 hunting areas, critical wildlife areas, or bird sanctuaries.
75 7. Rules or orders of the commission relating to tagging
76 requirements for wildlife and fur-bearing animals.
77 8. Rules or orders of the commission relating to the use of
78 dogs for the taking of wildlife.
79 9. Rules or orders of the commission which are not
80 otherwise classified.
81 10. Rules or orders of the commission prohibiting the
82 unlawful use of finfish traps.
83 11. All prohibitions in this chapter which are not
84 otherwise classified.
85 12. Section 379.33, prohibiting the violation of or
86 noncompliance with commission rules.
87 13. Section 379.407(7) Section 379.407(6), prohibiting the
88 sale, purchase, harvest, or attempted harvest of any saltwater
89 product with intent to sell.
90 14. Section 379.2421, prohibiting the obstruction of
91 waterways with net gear.
92 15. Section 379.413, prohibiting the unlawful taking of
93 bonefish.
94 16. Section 379.365(2)(a) and (b), prohibiting the
95 possession or use of stone crab traps without trap tags and
96 theft of trap contents or gear.
97 17. Section 379.366(4)(b), prohibiting the theft of blue
98 crab trap contents or trap gear.
99 18. Section 379.3671(2)(c), prohibiting the possession or
100 use of spiny lobster traps without trap tags or certificates and
101 theft of trap contents or trap gear.
102 19. Section 379.357, prohibiting the possession of tarpon
103 without purchasing a tarpon tag.
104 20. Rules or orders of the commission prohibiting the
105 feeding or enticement of alligators or crocodiles.
106 21. Section 379.105, prohibiting the intentional harassment
107 of hunters, fishers, or trappers.
108 Section 3. This act shall take effect July 1, 2014.
