Florida Fish and Wildlife Defense Attorney in Tallahassee and North Florida: What to Know

April 23, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Have you or a loved one been accused of a Florida Fish and Wildlife Conservation Commission (FWC) violation in Tallahassee and North Florida? Here’s what you need to know.

If someone is accused of a Florida Fish and Wildlife Conservation Commission violation, this can be quite scary. Someone may face VERY SERIOUS consequences if found guilty. Potential penalties range from fines to license suspensions, and even jail or prison time in more serious cases.

In the event that someone is accused of an FWC violation, finding an experienced and aggressive Florida FWC violation defense attorney to handle your case is a critical next step. But first, it is important to understand what FWC violations are – and the potential consequences of failing to act if someone is accused of one.

An FWC violation occurs when someone violates FWC rules and regulations in a manner that exposes them to financial liability, license suspension – or even jail or prison time. But not all FWC violations are the same.

There are four “levels” of FWC violations that exist under Florida law – codified by Fla. Stat. 379.401. Let’s take a look at them.

LEVEL 1 FWC VIOLATIONS

Level 1 violations have the LEAST serious potential penalties attached – Level 4 violations have the MOST serious penalties. 

Starting at the bottom, we have Level 1 violations. These are the least severe and may not result in a criminal record. Level 1 violations are GENERALLY handled in a manner similar to traffic infractions. More severe penalties may attach, however, if someone is a “repeat offender” (e.g. has a history of violations).

Examples of Level 1 violations may include:

• Fishing or hunting without a valid license
• Failure to wear “hunter orange” during deer season
• Minor boating violations, like inadequate life jackets or lighting
• Littering in noncommercial quantities
• Failing to exhibit a license to FWC officers

If someone is found guilty of a Level 1 violation, a first offense carries a $50 fine and the cost of the relevant license/permit the person must procure or renew. If a person “reoffends” within three years, a Level 1 violation carries a $250 fine and relevant license/permit costs.

LEVEL 2 FWC VIOLATIONS

Level 2 violations are more serious. A Level 2 FWC violation is a criminal offense. A conviction at this level can lead to a permanent criminal record and potential jail time. Penalties for a Level 2 violation include up to 60 days in jail and/or a $500 fine (as it is classified as a second-degree misdemeanor). 

If a second Level 2 violation is committed within three years, that second violation is classified as a FIRST-DEGREE MISDEMEANOR, carrying penalties of up to 1 year in jail and a $1,000 fine.

Examples of Level 2 violations include:

• Taking fish or game out of season
• Violating size or bag limits (e.g. keeping an undersized snapper)
• Using illegal methods for taking game, like prohibited trap types
• Harassing protected marine life, like turtles, manatees, or dolphins
• Boating Under the Influence (BUI), though BUI has its own specific enhanced penalty structure

If someone commits a third Level 2 offense within FIVE YEARS of the original, this remains a first-degree misdemeanor. However, the minimum fine increases to $500, and violators will face a one-year suspension of all recreational licenses or permits they hold from the state of Florida.

A fourth or subsequent offense within TEN YEARS remains a first-degree misdemeanor, but the minimum fine becomes $750. Additionally, someone’s license is to be suspended for three years if they are found guilty. For more on Level 2 FWC violations, click here.

LEVEL 3 FWC VIOLATIONS

Level 3 FWC violations are considered first-degree misdemeanors. This makes them punishable by up to 1 year in jail and/or a $1,000 fine, 

Often, mandatory minimum fines of up to $750 attach to Level 3 violations. Moreover, license suspension of up to three years for repeat offenders is common. Examples of Level 3 violations may include:

• Illegal sale or purchase of saltwater fish or game
• Taking game or fish while a license is suspended or revoked
• Illegal possession of deer or wild turkey (e.g. out of season/without tags)
• Importation of exotic or non-native species without a permit
• Possession of certain finfish in excess of commercial limits

Level 3 FWC violations are punished more severely because they involve serious management issues or commercial exploitation that FWC believes shows disregard for Florida’s conservation laws.

LEVEL 4 FWC VIOLATIONS

Level 4 FWC violations are considered THIRD-DEGREE FELONIES under Florida law. This makes them punishable by up to 5 years in prison and a $5,000 fine. 

Moreover, if someone is found guilty of a Level 4 violation, they are likely to face permanent revocation of ALL hunting and fishing licenses they hold – as well as forfeiture of equipment (boats, trucks, gear) used in the commission of the offense. For more on that, click here. 

Some examples of Level 4 violations include:

• Commercial trafficking of protected wildlife, including black market sales
• Killing or wounding “trophy” animals or alligators illegally
• Forging or altering commercial or recreational licenses
• Willful molestation of commercial gear (such as stealing from or destroying lobster traps)
• Destroying alligator eggs or taking/killing members of an endangered species

It is important to note that many FWC violations are considered “strict liability” offenses. This means the State does not have to prove that you intended to break the law – they must only prove that you violated the relevant rule or regulation. 

There are a few other important things to understand about FWC violations in Florida:

• In 2026, the Florida Legislature passed SB 1249 – which takes effect July 1, 2026. This gives FWC officers authority to enter private land just like police officers (if a warrant has been secured/probable cause exists). If someone commits an FWC violation and takes the “evidence” home, SB 1249 makes it more likely that FWC will find out about it.
• A Level 4 violation can carry extremely heavy “civil” costs, including up to $10,000 per death of a member of an endangered species, $5,000 for the death of a threatened species member, and $100 per turtle egg destroyed
• In addition to state liability, someone may face FEDERAL consequences for committing a Level 3 or 4 violation if they violate the Lacey Act. The Lacey Act makes it a federal crime to transport fish or game taken in violation of state law across state lines. Because someone can be prosecuted for the same offense in state AND federal court, the fact that a person is charged in Florida DOES NOT preclude federal authorities from intervening.

In sum, FWC violations are very serious. Because of this, it is CRITICAL to find an experienced and aggressive Florida FWC violation defense attorney to fight for your rights. 

If someone is charged with a FWC violation in Florida, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces jail time and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting criminal charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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