Florida’s waters draw millions of anglers every year, residents and visitors alike, but the rules governing what, where, and how much you can catch carry more legal weight than most people realize.
It’s critical to understand how the Fish and Wildlife Conservation Commission (FWC) classifies violations to know what’s at stake. An experienced defense attorney can explain your options and contrast them with the consequences of the citation you were given.
Who Enforces These Rules?
The FWC has authority over marine, freshwater, and wildlife resources statewide. Its officers can stop, inspect, and cite anglers on the water, and the penalties they issue fall into a four-tiered system established in Florida law.
Among the regulations enforced by FWC officers is the statewide license requirement. A license is necessary regardless of whether the angler is practicing catch and release. Nonresidents can buy short-term, three- or seven-day licenses in addition to annual licenses.
The Four Levels of Violations
There are four tiers to FWC violations. Some result in a ticket while others may result in a criminal record. They include:
- Level One violations are noncriminal, generally involving paperwork issues like failing to carry a required license or permit. A person cited for a level one violation generally pays a civil penalty of $50 to $500, depending upon prior offenses, without appearing in court. Paying the fine is considered an admission of guilt and can affect how future citations are handled. A person who refuses the citation, doesn’t pay it, or who skips a required court date can be charged with a second degree misdemeanor for the refusal alone.
- Level Two violations apply to things like closed seasons, protected areas, and disturbing marine life like manatees or sea turtles. These are charged as second-degree misdemeanors. Repeat offenses escalate the exposure quickly, as a second level two conviction within a set period can become a first degree misdemeanor with a mandatory minimum fine, and a third can add a multi-year license suspension.
- Level Three violations include major fishing infractions such as exceeding the recreational bag limit for certain finfish or illegal commercial harvesting, both of which are charged as first-degree misdemeanors on a first offense. Repeat violations in the level three category carry mandatory minimum fines and license suspensions similar to repeat level two offenses.
- Level Four violations are the most serious, as they are charged as third-degree felonies. These violations include the intentional killing of an endangered or threatened species or the killing of a Florida panther. A felony conviction carries serious consequences including a permanent criminal record.
How a Citation Becomes a Criminal Offense
There are several ways a routine ticket can turn into a criminal matter. Refusing or ignoring a Level One citation is a common situation. Intent is less of a factor in the serious matters of killing or harassing protected species, harvesting fish in closed seasons, or excessive catches. Being a repeat offender triggers Florida’s escalating penalty structure, as a pattern of minor citations can become a criminal charge.
FWC officers have the authority to seize fishing gear, vessels, and catches related to a violation, independent of any fine or criminal charge. Recovering seized property typically requires a separate legal process, even for someone who successfully contests the underlying citation.
What to Do If You Are Cited
Anyone issued a FWC citation has choices to make before treating it as a routine ticket. For a Level One infraction, paying the fine resolves the matter but counts as an admission of guilt that can affect future penalties. Electing to appear in court preserves the right to contest the citation, though the state must still prove the violation. Consulting an experienced criminal defense attorney from the Law Offices of Brian Casey is recommended for Level Two or above, which are criminal by nature. Don’t take unnecessary chances when a permanent criminal record and seizure of valuable fishing gear are on the line. Call for a consultation today.