Our experience in handling cases from the Fish and Wildlife Conservation Commission sets us apart. We litigate FWC cases in Palm Beach, Martin, Glades, and Hendry counties.
Many people are surprised to learn that fish and wildlife violations can be criminal. It is hard to associate handcuffs with seemingly minor offenses such as possession of undersized fish or entering a Wildlife Management Area (WMA) through a location other than a designated entrance. It is even more difficult to accept that these transgressions are on par with assault, petit theft, and driving while license suspended.
In fact, Florida takes fish and wildlife matters very seriously, so much so that the Florida legislature dedicated an entire chapter of laws to the subject. Chapter 379 of the Florida Statutes, titled, “Fish and Wildlife Conservation,” delineates in astounding detail the laws for regulating, funding and prosecuting matters involving the state’s natural resources.
But it was initially Florida voters - not Congress - who set the stage for increased fish and wildlife regulation. In November 1998, voters approved the proposed amendment to the Florida Constitution that consolidated numerous smaller preservation agencies such as Game and Freshwater Fish Commission and the Florida Marine Patrol into one mega state agency. The government agency known as the Florida Fish and Wildlife Conservation Commission (FWC) opened its doors on July 1, 1999, with the goal of securing the protection of Florida’s plants and animals more efficiently and effectively.
FWC has since created a plethora of rules and regulations, codified in administrative codes, to further its mission. Many of these laws criminalize fish and wildlife incidents, exposing the alleged violator to jail time, high fines, and a criminal record.
To enforce these rules and regulations, FWC employs law enforcement officers throughout the state of Florida. Most fish and wildlife officers take their responsibilities to heart, often acting with more intensity in detecting and apprehending suspects than their counterparts from other agencies. FWC’s police power comes from Part V of Chapter 379 and, in many ways, is broader in scope than the power of regular law enforcement. For example, game wardens can often search coolers, boats, and other property without a warrant or consent.
It is nearly impossible for the public to know every fish and wildlife crime in the Florida Statutes. There are hundreds of prohibitions that can lead to a criminal charge. However, some types of criminal offenses are more common than others, whether because of a higher rate of incidents or a higher rate of prosecution. These categories of common criminal violations include:
Part VIII of Chapter 379, Florida Statutes categorizes fish and wildlife violations by levels of severity. There are four (4) levels, Level One being the least severe and Level Four considered the most egregious. Any offense labeled Level Two or above is a criminal violation, with varying degrees of punishment depending on the alleged violator’s prior record.
Level Two violations include:
A Level Two offense is generally a second-degree misdemeanor that carries a maximum sentence of sixty days in jail and a five-hundred-dollar fine. However, for repeated offenses within a short period of time, a Level Two violation can rise to a first degree misdemeanor and expose the defendant to a year in jail and a fine of one-thousand dollars.
Level Three violations include:
A Level Three offense is a first-degree misdemeanor. For multiple convictions of Level Three or higher within ten years, enhanced penalties include mandatory minimum fines and the suspension of recreational licenses.
Level Four violations include:
A Level Four offense is a third-degree felony with a maximum sentence of five years in prison and a five-thousand-dollar fine.
FWC cases can be tougher than anticipated due to surprisingly severe sanctions, overzealous game wardens, and strict liability provisions. Strict liability means the government doesn’t necessarily need to prove criminal intent in order to prosecute you; to the illegal act itself may be enough to secure a conviction.
If you are charged with a fish and wildlife criminal offense, your best strategy is to hire a great criminal defense lawyer who has experience fighting fish and wildlife cases. An FWC defense attorney can detect legal, procedural, and factual issues in your case that may work in your favor. Some possible defenses include:
While there are many criminal defense attorneys in South Florida, very few dedicate their practice to fish and wildlife defense. Even fewer have particularized fish and wildlife knowledge and experience. Hiring the right attorney is a major advantage and can lead to a successful outcome.
8461 Lake Worth Road Ste 441, Lake Worth, Florida 33467, United States
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