FWC Level One Violations

Pursuant to Section 379.401(1)(b), a person who commits a Level One violation commits a noncriminal infraction and shall be cited to appear before the county court.

If you are cited for a Level One violation, the FWC officer will ask you to sign and accept a citation to appear before the judge in county court in the county in which the infraction occurred. The citation may may indicate the time and location of the scheduled hearing and the applicable civil penalty.

If you do not resolve the citation by paying the appropriate amount within the allotted time, represent yourself by personally appearing in court, or hiring an attorney to appear for you, then you can be charged with a second degree misdemeanor which is punishable by up to 60 days in jail and a $500 fine.

So if you get this kind of level one violation you can either:

1. pay the civil penalty, and, if applicable, provide proof of the license or permit required under s. 379.354 by mail or in person within 30 days after receipt of the citation;
2. represent yourself by electing to appear before the county court; or
3. retain an attorney to appear on your behalf.

A person found guilty of committing a Level One violation may appeal that finding to the circuit court. The commission of a violation must be proved beyond a reasonable doubt.

Pursuant to Section 379.401(1), level one violations apply to the rules or orders of the commission relating to:

1. the filing of reports or other documents required to be filed by persons who hold any recreational licenses and permits or any alligator licenses and permits issued by the commission.
2. quota hunt permits, daily use permits, hunting zone assignments, camping, alcoholic beverages, vehicles, and check stations within wildlife management areas or other areas managed by the commission
3. daily use permits, alcoholic beverages, swimming, possession of firearms, operation of vehicles, and watercraft speed within fish management areas managed by the commission
4. vessel size or specifying motor restrictions on specified water bodies.

Some level one violations related to:

1. rules or orders of the commission requiring the return of unused CITES tags issued under the Statewide Alligator Harvest Program or the Statewide Nuisance Alligator Program
2. Section 379.3003, prohibiting deer hunting unless required clothing is worn
3. Section 379.354(1)-(15), providing for recreational licenses to hunt, fish, and trap
4. Section 379.3581, providing hunter safety course requirements

Pursuant to Section 379.401(1)(c)1, the civil penalty for committing most Level One violations involving the license and permit requirements of s. 379.354 is $50 plus the cost of the license or permit.

Alternatively, except for a person who violates s. 379.354(6), (7), or (8)(f) or (h), a person who violates the license and permit requirements of s. 379.354 and is subject to the penalties of this subparagraph may purchase the license or permit, provide proof of such license or permit, and pay a civil penalty of $50.

The civil penalty for committing a Level One violation involving the license and permit requirements of s. 379.354 is $250 plus the cost of the license or permit if the person cited has previously committed the same Level One violation within the preceding 36 months.

Alternatively, except for a person who violates s. 379.354(6), (7), or (8)(f) or (h), a person who violates the license and permit requirements of s. 379.354 and is subject to the penalties of this subparagraph may purchase the license or permit, provide proof of such license or permit, and pay a civil penalty of $250.

The civil penalty for any other Level One violation is $50 unless subparagraph 2. applies.

The civil penalty for any other Level One violation is $250 if the person cited has previously
committed the same Level One violation within the preceding 36 months.

Attorney for Level One FFW Violations in Tampa, FL

The penalties for a Florida Fish and Wildlife Conservation (FWC) violations depends on whether the offense is classified as a Level One, Level Two, Level Three, or Level Four violation. 

Level One violations are the least serious types of violations. The attorneys at Sammis Law Firm are experienced in fighting these types of cases throughout the greater Tampa Bay area. 

Call 813-250-0500.

This article was last updated on Friday, March 27, 2020.