Fish & Wildlife (FWC) Charges in Miami and the Keys

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

How Florida Grades FWC Violations

Florida's fish and wildlife law (Chapter 379) sorts most violations into four levels (s. 379.401). The level decides whether it's a ticket, a misdemeanor, or a felony.

Level One: noncriminal infraction (a civil ticket).

Includes fishing, hunting, or trapping without a required recreational license or permit, and certain reporting rules.

• Civil penalty of $50 plus the cost of the license, or $250 plus the cost if you had the same violation in the past 36 months. In many license cases, you can buy the license, show proof, and pay the civil penalty.
• If you choose to go to court, those set amounts no longer apply, and the judge sets the civil penalty within the limits the statute provides (at least $50 for a first violation, and up to $500 for later violations).
• If you were cited for not having your license on you, you can't be convicted if you show the court a license that was valid when you were cited.
• Careful: refusing to sign the citation, not paying, or not showing up in court is a second-degree misdemeanor.

Level Two: usually a misdemeanor.

This is where most fishing cases land. It covers FWC rules on seasons, bag, possession, and size limits, methods of taking fish and wildlife, landing requirements, feeding saltwater fish, spearfishing where it's banned, and FWC rules not otherwise classified.

• First violation (no Level Two or higher conviction in the past 3 years): second-degree misdemeanor.
• Repeat violations: first-degree misdemeanor, with minimum fines of $250, $500, or $750 depending on the number of priors and how recent they are, and suspension of your recreational licenses for 1 or 3 years at the higher repeat levels.

Level Three: first-degree misdemeanor.

Includes FWC rules against selling saltwater fish, major violations under s. 379.407 (for people who are not commercial harvesters or dealers), having trout, snook, or redfish three fish over the daily bag limit, and fishing or hunting while your license is suspended or revoked.

• A repeat within 10 years brings a $750 minimum fine and license suspension of up to 3 years.
• Fishing while suspended or revoked carries a mandatory $1,000 fine, and you can't get those licenses or privileges for 5 years.

Level Four: third-degree felony.

Includes intentionally killing or wounding a species designated as endangered, threatened, or of special concern, or intentionally destroying its eggs or nest; molesting someone else's lobster traps, lines, or buoys; and counterfeiting licenses or spiny lobster trap tags.

Some marine violations also fall under the base penalties of s. 379.407: up to 60 days, a fine of $100 to $500, or both, for a first conviction, and up to 6 months, a fine of $250 to $1,000, or both, for a second or later conviction within 12 months. Those base penalties apply unless another law sets a different penalty.

For the fishing and wildlife levels, a "conviction" means any court outcome other than an acquittal or a dismissal, so a plea with a withhold can still count as a prior. On top of any sentence, the court may suspend or take away any license or permit issued under Chapter 379.

Common Miami and Keys Scenarios

• Undersized or out-of-season fish. Violating FWC size limits or seasons is generally a Level Two violation. Some species, like spiny lobster, have their own penalty statute. See our Lobster Charges page.
• Over the bag limit. Usually Level Two. Trout, snook, or redfish three fish over the limit is a Level Three "major violation."
• Snapper and grouper. Reef fish have their own FWC rules on sizes, bag limits, seasons, gear, and keeping fish whole. See our Snapper & Reef Fish Charges page.
• Protected species. Intentionally killing or wounding an endangered, threatened, or special-concern species is a felony. Harassing, harming, or possessing a manatee, or any part of one, is also unlawful under Florida's manatee law.
• Manatee-zone speed. Going over a posted speed limit in a manatee protection zone is a civil infraction on a uniform boating citation. Entering a "No Entry" or "Motorboat Prohibited" zone is a misdemeanor, and a blatant or willful violation can be charged as harassment.
• Fishing without a license. Usually a Level One civil ticket. Fishing while your license is suspended or revoked is Level Three.
• Closed and protected areas. Spearfishing is banned in John Pennekamp Coral Reef State Park and the Upper Keys (from the Miami-Dade/Monroe line down through Long Key), unless an FWC rule or order allows it. FWC rules also close certain coral areas in Pennekamp and Biscayne National Park to lobster harvest, and close Miami-Dade waters to goliath grouper harvest.
• Selling your catch. Selling saltwater products without the required licenses is a "major violation," with penalties that climb to felonies and mandatory jail on repeat violations.

What Happens at an FWC Stop

• Who you'll meet. FWC officers are full law enforcement officers in Florida. They can investigate and arrest for any violation of state law and FWC rules, and enter any land or waters of the state to do their job.
• The stop itself. Since July 1, 2025, Florida law says an officer may not stop or board a vessel without probable cause of a violation of the boating-safety chapter, and may not stop a boat only to inspect safety equipment. See our BUI page.
• Fish checks. Separately, FWC officers may board and inspect, without a warrant, a boat engaged in transporting or storing fish when they have reason to believe fish were taken or kept in violation of the law. When an officer has probable cause to believe the boat was used for fishing, the officer can open and inspect, while the boat is on the water, the places catch is normally kept: coolers, fish boxes, bait wells, and iced or refrigerated areas. That inspection power does not cover containers in the boat's sleeping or living areas. The 2025 boating law did not change these fish-and-wildlife powers. The two laws are written separately, and how they apply to your stop is one of the first things we look at.
• Measuring. Officers will measure and count. For lobster, divers must carry a measuring device and measure in the water. For reef fish, catch generally must be kept whole on the water so it can be measured and identified.
• The captain can be on the hook. Under the reef fish rules, the person operating the boat is treated as having committed a violation committed by anyone aboard.
• Ticket or arrest. A Level One violation is a citation to appear in county court. Higher-level violations can lead to a criminal citation or an arrest. Officers can also seize catch or contraband taken or possessed unlawfully.

How We Defend FWC Cases

• The stop and the search. Was there probable cause to stop or board? Did the inspection stay within the coolers and fish holds the law allows?
• The measurement and the count. How was each fish or lobster measured, by whom, and with what? Was anything photographed? Who caught what?
• Whose catch was it? On a boat with several people, who possessed what is often unclear.
• The rule that applied that day. FWC limits and seasons change. We check the rule in effect on the date and in the waters where you were.
• Protecting your licenses and record. Because almost any outcome other than an acquittal or a dismissal can count as a prior, the way a case is resolved matters as much as the result.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is an FWC ticket a crime?

It depends on the level. A Level One violation is a civil infraction. Most bag, size, and season violations are Level Two misdemeanors. Some violations are felonies.

Can I just pay it?

For a Level One civil ticket, paying is treated as admitting the violation. For a criminal citation, paying or pleading can leave a record and count as a prior. Talk to a lawyer before you pay.

Can FWC look in my cooler?

If the officer has probable cause to believe the boat was used for fishing, the law allows inspection of coolers, fish boxes, bait wells, and iced areas, but not containers in the sleeping or living areas.

Can I lose my fishing license?

Yes. Repeat Level Two and Level Three violations carry license suspensions, and the court may suspend or take away licenses issued under Chapter 379.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.