Here at Weinstein Legal Team, attorney Matt Shafran is ready to fight for you in court. As a former prosecutor, Mr. Shafran has been on the other side of the courtroom. He is well-versed in common tactics prosecutors use to prove guilt and impose penalties. What this means is that when you hire Mr. Shafran to represent you, you are already one step ahead.
If you are accused of violating Florida fishing laws or Florida Wildlife laws, call Weinstein Legal Team today for a free case evaluation.
Many criminal charges regarding Florida fishing laws result from a lack of knowledge surrounding the legislation. The rule most people miss is that every adult who fishes in the state of Florida needs a permit. If you are found fishing without a license, you may face Florida fishing fines.
Similarly, if you go hunting without a permit, you are violating wildlife laws in the state. You legally may not go hunting or fishing when it is considered to be out-of-season. If you had a permit for either fishing or hunting, but it has expired or been suspended, you may receive a violation citation.
Additionally, there are weight and size restrictions that are part of Florida fishing laws, in regard to which fish you can keep and which you must release back into the water.
If you injure or kill a protected animal or fish, you may also face wildlife and fishing violation charges.
Protected fish and animals in the state of Florida include:
- Key Deer (commonly found in the Florida Keys)
- The Lower Keys Marsh Rabbit
- The Key Largo Woodrat
- The Key Largo Cotton Mouse
- Sea Turtles
- Alligators
- Bald Eagles
- Hawks
- Falcons
- Owls
- The Nests and Eggs of All Protected Birds
Specialty Permits
Another common act that may result in Florida fishing violation charges is fishing without permits for specific gear, in particular areas, using special baits and baiting techniques, and more. Due to the detailed nature of Florida fishing laws, it is best to contact the municipality in which you will be fishing before an excursion.
Ask about the specific Florida fishing laws in the area to avoid Florida fishing fines and find out what permits you may need. Laws vary between saltwater and freshwater fishing. Hence, you must be aware of the regulations based on your location.
If you are looking to remove the nest of a protected bird, you need a special permit in order to do so, even if it is on your own property. Contact your local municipality for instructions on how to obtain these permits.
For the official guide on Florida fishing laws and wildlife regulations, visit the state government website section that outlines legislation.
Florida sorts fish and wildlife violations into four levels under Florida Statute 379.401, and the level decides whether you are facing a ticket or a criminal charge.
- Level One violations, such as fishing without a license, are noncriminal infractions. The penalty is a civil fine of $50 plus the cost of the license you should have held, and it rises for repeat violations within 36 months.
- Level Two violations are second-degree misdemeanors carrying up to 60 days in jail and a $500 fine. They include most out-of-season, bag-limit, size-limit, and gear violations, and a second conviction within three years brings a mandatory minimum fine and can cost you your hunting and fishing privileges.
- Level Three violations are first-degree misdemeanors carrying up to one year in jail and a $1,000 fine. They cover the more serious offenses, including many violations involving alligators, captive wildlife, and protected species.
- Level Four violations are third-degree felonies carrying up to five years in prison and a $5,000 fine, reserved for the most serious offenses such as unlawfully killing or selling protected species and certain commercial violations.
Fines are often stacked per fish or per animal, so three undersized fish can mean three separate violations. Repeat offenders face mandatory minimum fines and suspension of hunting and fishing privileges, and the courts are not likely to go lightly on you at sentencing.
Some conduct is also a federal crime. The federal Endangered Species Act bars taking, possessing, selling, or transporting a listed species without a permit, with penalties that turn on the species involved and what the government can prove you knew, and the Lacey Act makes it a federal offense to transport or sell fish or wildlife taken in violation of state law. Federal charges can be brought on top of the state case and carry harsher penalties.
Hunting and/or fishing without a license is one of the most common Florida fishing laws for which individuals receive fines. A Level One fishing-license violation generally carries a $50 civil penalty plus the license or permit cost. The civil penalty is $250 plus the license or permit cost if you committed the same Level One violation within the preceding 36 months. Section 379.401(1)(c) also provides a purchase-and-proof alternative for eligible license violations.
To read the full information on legislation regarding Florida fishing laws and wildlife regulations, visit the Florida Fish and Wildlife Conservation Commission page that outlines the stipulations and exemption criteria. As there are specific exemption criteria regarding licenses and permits in the Florida fishing laws, if you receive a citation, contact an attorney immediately. It may be possible to have the citation dropped, relieving you of the costly responsibility to pay.
With an aggressive lawyer working on your side, such as Mr. Matt Shafran, you can be assured that you have the best chance of avoiding hefty penalty for violating Florida's fishing and wildlife laws.
Contact an attorney for fishing and wildlife violations in Florida as soon as you receive charges or a citation. Violating Florida fishing laws can not only be costly but can result in jail time. Spending time in jail may cost you your job, strain relationships with your family, and more.
Florida fishing laws are strict, and Florida Fish and Wildlife Conservation Commission (FWC) officers enforce them. FWC officers have the same authority as police officers to issue wildlife and fishing violation charges. They have the same power to issue you citations and press charges for breaking Florida fishing laws. They are considered an extension of the police department. That means a routine FWC stop on the water or in the woods can turn into a drug charge or a gun charge if an officer finds something else on board, and those charges are prosecuted the same way as any other arrest. Wildlife and fishing violation charges are not to be taken lightly. The seriousness of these violations makes hiring an aggressive attorney absolutely essential.
If you are facing wildlife or fishing violation charges for breaking wildlife and Florida fishing laws, don't wait. Contact attorney Matt Shafran for criminal defense for fish and wildlife violations now. Don't take your chances in court alone. With the help of Weinstein Legal Team, your charges may be significantly reduced, dropped entirely, and you may avoid paying substantial fines.
