Level Two FWC Violations
Pursuant to Section 379.401(2), a person commits a Level Two violation if he or she violates any of the rules or orders of the commission relating to:
- seasons or time periods for the taking of wildlife, freshwater fish, or saltwater fish.
- establishing bag, possession, or size limits or restricting methods of taking wildlife, freshwater fish, or saltwater fish
- prohibiting access or otherwise relating to access to wildlife management areas or other areas managed by the commission
- the feeding of saltwater fish
- landing requirements for freshwater fish or saltwater fish
- restricted hunting areas, critical wildlife areas, or bird sanctuaries
- tagging requirements for wildlife and fur-bearing animals
- the use of dogs for the taking of wildlife
- the unlawful use of traps, unless otherwise provided by law
- requiring the maintenance of records relating to alligators
- the return of unused CITES tags issued under an alligator program other than the Statewide Alligator Harvest Program or the Statewide Nuisance Alligator Program.
Other types of Level Two violations relate to:
- prohibiting the intentional harassment of hunters, fishers, or trappers under Section 379.105
- fishers and equipment under Section 379.2421
- spearfishing under Section 379.2425
- the contamination of fresh waters under Section 379.29
- the use of explosives and other substances or force in fresh waters under Section 379.295
- prohibiting the loan or transfer of a license or permit and the use of a borrowed or transferred license or permit under Section 379.3502
- false statements in an application for a license or permit under Section 379.3503
- entering false information on licenses or permits under Section 379.3504
- the sale of hunting, fishing, and trapping licenses and permits by subagents
- the taking, killing, or possession of tarpon without purchasing a tarpon tag under Section 379.3511
- freshwater fish dealer licenses under Section 379.363
- fur and hide dealer licenses under Section 379.364
- the theft of stone crab trap contents or trap gear under Section 379.365(2)(b)
- the theft of blue crab trap contents or trap gear under Section 379.366(4)(b)
- the theft of spiny lobster trap contents or trap gear under Section 379.3671(2)(c), except s. 379.3671(2)(c)5
- licenses for the taking and possession of alligators under Section 379.3751
- tagging requirements for alligators and hides under Section 379.3752
- the unlawful taking of bonefish under Section 379.413
The penalties for a Level Two Violation depend on the number and timing of any prior designated convictions.
- For a first offense, a Level Two violation is charged as a misdemeanor of the second degree, punishable by up to 60 days in jail and a $500 fine.
- For a second offense within 3 years of a designated prior offense, the Level Two violation can be charged as a misdemeanor of the first degree, which is punishable by up to 12 months in jail and a $1,000 fine with a $250 minimum fine.
- For a third violation within 5 years after two previous designated convictions, the crime is charged as a misdemeanor of the first degree, punishable by up to 12 months in jail and a $1,000 fine with a minimum mandatory fine of $500 and a suspension of any recreational license or permit issued under s. 379.354 for 1 year.
- For a fourth violation within 10 years, the crime is charged as a misdemeanor of the first degree, punishable by up to 12 months in jail and a $1,000 fine with a minimum mandatory fine of $750 and a suspension of any recreational license or permit issued under s. 379.354 for 3 years.
Attorney for Level Two FWC Violations in Tampa, FL
he attorneys at Sammis Law Firm represent clients charged with a Level Two FWC violation under Section 379.401(2)(a).
This article was last updated on Saturday, March 28, 2020.