Illegal Lobster Charges in Miami and the Florida Keys

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

The Law That Applies

Two layers of law govern spiny lobster:

• Florida Statutes, Chapter 379. The penalty provisions, especially s. 379.407(5), which deals directly with lobster possessed in the closed season, wrung tails, and undersized lobster, plus the general level system in s. 379.401.
• FWC's spiny lobster rules, Florida Administrative Code Chapter 68B-24. These set the size limits, bag limits, seasons, gear rules, and closed areas.

We don't list sizes, bag limits, or season dates on this page, because FWC changes them. FWC publishes the current limits and dates, and the rules themselves are in Chapter 68B-24 of the Florida Administrative Code. Always check the rule in effect on the day you go out. FWC's most recent change to its spiny lobster rules was to the John Pennekamp Coral Reef State Park closure rule, effective July 1, 2026.

Closed-Season Lobster and Wrung Tails

Under s. 379.407(5)(a), it is a "major violation" to have spiny lobster during the closed season, or, while on the water, to have lobster tails that were wrung or separated from the body, unless an FWC rule allows it. FWC's rule requires lobster harvested in Florida waters to stay whole while on or below the water.

Penalties:

• First violation: second-degree misdemeanor. First-degree misdemeanor if it involves 25 or more lobster.
• Second violation: first-degree misdemeanor, and suspension of your Chapter 379 license privileges for up to 90 days.
• Third violation: first-degree misdemeanor with a mandatory minimum of 6 months in jail, a civil penalty of up to $2,500, and suspension of all license privileges for up to 6 months.
• Third violation within 1 year of the second, or a fourth or later violation: third-degree felony with a mandatory minimum of 1 year, a $5,000 civil penalty, and permanent revocation of all Chapter 379 license privileges.

Undersized ("Short") Lobster

Under s. 379.407(5)(b), it is a "major violation" for a recreational or commercial harvester to possess an undersized spiny lobster, unless an FWC rule allows it.

• First violation: second-degree misdemeanor.
• Second or later violation: first-degree misdemeanor.
• Each lobster can be its own charge. If fewer than 100 undersized lobster are involved, each one may be charged as a separate offense, but the total penalties for one scheme or course of conduct can't exceed 4 years in jail and $4,000 in fines under those provisions.
• 100 or more undersized lobster: third-degree felony, a mandatory civil fine of at least $500, an FWC administrative penalty of up to $2,000, and possible suspension of your license privileges for up to 12 months.

Other Lobster Violations Under the FWC Rules

FWC's Chapter 68B-24 covers more than size and season. Violations of FWC rules on seasons, bag and possession limits, size limits, and methods of taking are generally Level Two violations under s. 379.401: a second-degree misdemeanor the first time, with heavier penalties and license suspensions for repeats. The kinds of rules people get charged under include:

• Size and measuring. Minimum carapace (and tail) size. A diver harvesting lobster must carry a measuring device and measure in the water.
• Bag limits. A daily per-person limit, with special limits during the two-day sport season, and different limits in Monroe County and Biscayne National Park.
• Seasons. The regular season, the closed season, and the two-day sport season for recreational harvesters (commonly called mini-season), which has its own restrictions, including the methods you can use and, in Monroe County, no night diving.
• Egg-bearing lobster. Harvesting or possessing an egg-bearing lobster, or stripping or removing eggs, is prohibited. Egg-bearing lobster found in traps must go back in the water alive.
• Gear. No device that punctures, penetrates, or crushes the lobster's shell or flesh. Limits on the nets that may be used. Traps may be worked only in daylight hours, with rules on where traps can be placed.
• Night diving over the bag limit is prohibited.
• Closed areas. John Pennekamp Coral Reef State Park is closed to lobster harvest during the sport season, and certain coral formation areas in the park are closed during the regular season. Coral Reef Protection Areas of Biscayne National Park are closed to lobster harvest.
• License and permit. Recreational lobster harvest requires a spiny lobster permit in addition to your saltwater fishing license, unless you are exempt. A missing license or permit is usually a Level One civil infraction.

Traps belong to someone. Willfully molesting another person's lobster traps, lines, or buoys is a third-degree felony for a commercial harvester and a Level Four felony for anyone else. Taking lobster from someone else's trap is a separate violation.

Commercial Harvesters

Commercial harvesters face additional penalties for "major violations" under s. 379.407(2): an added $10 per illegal lobster when more than 100 are involved, a requirement to show cause why the license shouldn't be suspended or revoked after certain lobster violations (for example, more than 25 lobster in the closed season, or more than 25 wrung, egg-bearing, or stripped lobster), and no withhold of adjudication for the major violations listed in that subsection. Selling lobster without the required licenses is its own major violation with escalating penalties.

What Happens at a Lobster Stop

FWC officers check lobster at the dock, the ramp, and on the water. When an officer has probable cause to believe your 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 of the boat. Expect the officer to measure every lobster, count them per person, check for eggs and for wrung tails, and ask for your license and permit. See our Fish & Wildlife Charges page for more on FWC stops.

How We Defend Lobster Cases

• The measurement. How, where, and with what was each lobster measured? Were they photographed? Small differences decide these cases.
• The count and the possession. On a boat with several divers, whose lobster was whose? The per-person limit and the 25- and 100-lobster thresholds make the count critical.
• The stop and the search. Did the officer have the authority to stop, board, and look where he looked?
• The rule on that date. Was the rule the officer cited actually in effect that day, in those waters?
• Your record and your licenses. Because repeat violations escalate fast, including mandatory jail and permanent license revocation, the way your first case ends matters.

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 a short lobster a crime?

Yes. Possessing an undersized spiny lobster is a second-degree misdemeanor the first time, a first-degree misdemeanor after that, and a felony at 100 or more.

Can I twist off the tails on the boat to save space?

Not on the water. FWC's rule requires lobster harvested in Florida waters to stay whole while on or below the water, and having wrung tails on the water is a major violation under the statute, unless an FWC rule allows it.

What are this year's size and bag limits?

FWC publishes the current limits and dates, and they can change. The rules are in Florida Administrative Code Chapter 68B-24. Check before every trip.

The lobster had eggs and I didn't see them. Is that a crime?

Possessing egg-bearing lobster is prohibited under FWC's rules. What you knew, what you saw, and how the lobster was checked all matter. Call us.

How fast can you help?

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