Fort Lauderdale Criminal Attorney Blog
South Florida’s waters offer some of the best fishing in the world, attracting anglers from across the globe to Fort Lauderdale and Broward County. Whether you’re casting a line from the beach, pier fishing, or enjoying a day on your boat, it’s easy to get caught up in the excitement of a great catch—and inadvertently violate Florida’s complex fishing regulations. What many anglers don’t realize is that seemingly minor mistakes can result in criminal charges with serious consequences.
If you’ve received a citation from the Florida Fish and Wildlife Conservation Commission (FWC) for alleged fishing violations, understanding your rights and defenses is crucial. As Broward FWC violations attorneys can explain, these aren’t just “tickets”—they’re criminal charges that can impact your record, your wallet, and your future fishing privileges.
Understanding Florida’s Fishing Regulations
Florida Statute § 379.101 grants the FWC authority to regulate fishing activities throughout the state, including the unique waters surrounding Fort Lauderdale and Broward County. These regulations cover everything from licensing requirements to species-specific size and bag limits, and violations can result in criminal penalties under Florida Statute § 379.407.
Licensing Requirements in Fort Lauderdale Waters
Florida requires most anglers to possess a valid recreational fishing license before fishing in state waters. Under Florida Administrative Code Rule 68B-4, exemptions exist for Florida residents fishing from land or from a structure attached to land, residents aged 65 or older, children under 16, and several other specific categories.
However, many Fort Lauderdale anglers are surprised to learn that fishing from a boat—even if anchored near shore—requires a license regardless of Florida residency. Additionally, special permits are required for certain species like snook, spiny lobster, and tarpon. A first-time violation of licensing requirements can result in fines up to $500 and a second-degree misdemeanor charge.
Size and Bag Limit Violations
Florida’s size and bag limit regulations are designed to protect fish populations and ensure sustainable fishing. In Broward County waters, these rules can be particularly complex because different regulations may apply depending on whether you’re fishing in state waters (within three miles of shore on the Atlantic side) or federal waters.
Common violations include:
- Undersized fish: Keeping fish below the minimum size limit is one of the most frequent violations. For example, snook must measure between 28-32 inches total length in the Atlantic, while red drum (redfish) must be 18-27 inches. Even being off by an inch can result in criminal charges.
- Oversized fish: Some species like snook and red drum also have maximum size limits, and keeping an oversized fish is equally illegal as keeping an undersized one.
- Exceeding bag limits: Each species has daily bag limits—typically one or two snook per person, one red drum per person, and ten snappers per person for most species. Exceeding these limits, even unintentionally, constitutes a violation.
Under Florida Statute § 379.407, penalties for size and bag limit violations range from $100 to $500 for first offenses, with potential jail time up to 60 days for second-degree misdemeanors. More serious violations involving multiple fish or repeated offenses can result in first-degree misdemeanors punishable by up to one year in jail and $1,000 in fines.
Common Defenses to FWC Fishing Violations
Many anglers facing FWC charges assume they have no defense and simply pay the fine. However, several legitimate defenses may apply to your situation:
- Measurement disputes: Fish measurements can be challenged, especially when officers measure differently than anglers. Questions about proper measurement technique (total length vs. fork length), whether the fish was properly measured, or whether it was at the cusp of legal size can create reasonable doubt.
- Misidentification: Some species look remarkably similar, and even experienced anglers can misidentify fish. If you genuinely believed you caught a legal species, this mistake of fact may constitute a defense.
- Exemptions and special circumstances: You may qualify for licensing exemptions you weren’t aware of, or special regulations may have applied during your fishing trip.
- Constitutional violations: FWC officers must follow proper procedures during stops and inspections. If your Fourth Amendment rights were violated through an improper search or seizure, evidence may be suppressible.
- Lack of knowledge: While ignorance of the law typically isn’t a defense, in some circumstances demonstrating you took reasonable steps to comply with regulations may result in reduced charges or alternative dispositions.
Why You Need an Experienced Criminal Defense Attorney
Many people treat FWC citations like traffic tickets, but these are criminal charges that appear on background checks and can affect employment, professional licensing, and even housing opportunities. Here’s how an experienced Fort Lauderdale criminal defense attorney can help:
- Negotiating reduced penalties: An attorney familiar with FWC prosecutions can often negotiate reduced fines, dismissals upon completion of a fishing safety course, or other alternative dispositions that keep convictions off your record.
- Challenging the evidence: Your attorney can examine how measurements were taken, whether proper chain of custody was maintained for seized fish, and whether FWC officers followed proper protocols.
- Protecting repeat offenders: If you have prior FWC violations, the stakes are much higher. Repeat violations carry enhanced penalties, potential fishing license suspension, and possible forfeiture of fishing equipment or even your vessel. An attorney can help minimize these consequences.
- Preserving fishing privileges: For commercial fishermen or serious recreational anglers, protecting your ability to fish in Florida waters is paramount. An attorney can structure plea agreements that minimize or avoid fishing privilege suspensions.
Don’t Face FWC Charges Alone
Florida’s fishing regulations are complex, and the penalties for violations are more serious than many anglers realize. If you’ve been charged with fishing violations in Fort Lauderdale or Broward County, don’t simply pay the fine and accept a criminal conviction.
Contact an experienced Fort Lauderdale criminal defense attorney who understands both Florida’s criminal justice system and FWC regulations. With proper legal representation, you may be able to protect your record, minimize penalties, and continue enjoying South Florida’s world-class fishing opportunities.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
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