Fort Lauderdale Criminal Attorney Blog
A Fort Lauderdale FWC violation defense lawyer often hears the same assumption during initial client consultations: The boater believed the paper an officer handed them on the water was a traffic ticket. Usually, it isn’t. Florida sorts fish and wildlife offenses into four penalty levels under Fla. Stat. § 379.401, and only the first level is non-criminal. The other three produce criminal records, mandatory minimum fines, and the loss of hunting and fishing privileges. Understanding the type and severity of the charges resulting from a run-in with an FWC officer is imperative to your defense. 
Level One: A Civil Infraction With a Criminal Trapdoor
Level One FWC offenses concern documentation and access rules. Recreational license and permit requirements are detailed under F.S. § 379.354(1)-(15), along with quota hunt permits, camping and vehicle rules inside wildlife management areas, hunter safety course requirements under F.S. § 379.3581, and the return of unused CITES tags issued through the Statewide Alligator Harvest Program.
A Level One FWC violation is a non-criminal infraction. The officer cites the person, who is required to appear in county court. The civil penalty is $50, or $250 if the person committed the same Level One violation previously within the preceding 36 months. Someone cited for a license problem can often buy the license, show proof, and pay the $50 penalty by mail within 30 days.
Note: there are two provisions convert that infraction into a crime. Under § 379.401(1)(g), a person who refuses to accept the citation, fails to pay the penalty, or fails to appear in county court commits a second-degree misdemeanor. Under F.W. § 379.401(1)(h), a person who elects to appear waives the statutory caps, and the court may then impose up to $500 for subsequent violations. One provision cuts the other way. Under § 379.401(1)(i), a person cited for failing to carry a license may not be convicted if they produce a license that was valid on the date of the stop.
Level Two: The Line Between a Ticket and a Record
Level Two are criminal offenses, and these statutes are the most common basis for Broward County angler FWC stops. Closed seasons, bag limits, possession limits, size limits, restrictions on methods of taking, landing requirements, spearfishing under F.S. § 379.2425, tarpon taken without a tag under F.S. § 379.357(3), and alligator licensing and tagging under F.S. §§ 379.3751 and 379.3752 all fall at Level Two. Continue reading
