What is a Level Two Wildlife Violation in Florida?

June 20, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, Level Two wildlife violations are regulated by Fla. Stat. Section 379.401(2)(a). If someone commits such an offense, they may face not just fines or a citation – but potential criminal penalties including jail time. This article will discuss Level Two wildlife violations in Florida, including example cases, potential penalties, and defenses.

Fla. Stat. Section 379.401 covers penalties for violations of Fish and Wildlife Conservation Commission (FWC) rules, which are grouped into 4 categories (Levels 1-4). Level Two violations are frequently charged in Florida, and regulate breaches concerning the rules surrounding any of the following: 

• Seasons or time periods for taking fish or wildlife
• Bag, possession or size limits (daily catch limits)
• Access restrictions to wildlife management areas
• Feeding wildlife, freshwater fish or saltwater fish
• Landing requirements for freshwater and saltwater fish
• Hunting area designations
• Tagging requirements for wildlife and fur-bearing animals
• Use of dogs for taking wildlife 
• Use of traps for fish or wildlife prohibited by FWC rules
• Any other FWC rules not elsewhere classified

Important: Level Two violations may be alleged as the result of all recreational or commercial activities, not just fishing and hunting.

Under the statute, a first-time violator of a Level Two rule commits a misdemeanor of the second-degree. This is punishable by up to 60 days in jail and a $500 fine. 

If someone commits a second offense within three years, the second offense is a first-degree misdemeanor. A first-degree misdemeanor is punishable by up to 1 year in jail and a $1,000 fine. Unlike a first offense, a violator will also face a statutory minimum fine of $250.

If someone commits a third offense within 5 years of the original, this remains a first-degree misdemeanor. However, the minimum fine increases to $500 – and the 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 10 years remains a first-degree misdemeanor – but the minimum fine becomes $750. Additionally, someone’s license is to be suspended for 3 years if they are found guilty.

Note: As a Level Two violation is considered a criminal misdemeanor, someone accused of violating Fla. Stat. Section 379.401(2)(a) has the right to a jury trial under Article I, Section 16 of the Florida Constitution and the Sixth Amendment to the U.S. Constitution.

Some examples of Level Two wildlife violations in Florida may include:

• Possessing undersized redfish or snook 
• Exceeding a daily bag limit for spotted seatrout
• Using prohibited gear 
• Fishing in a closed season
• Landing sharks without required dorsal fin attached
• Entering a wildlife management area (WMA) without a permit
• Using dogs to hunt in a prohibited area
• Feeding bears or other prohibited wildlife

This is a nonexhaustive list, so it is important to act proactively to avoid being found in violation of FWC regulations. By understanding FWC’s rules, checking all tags and stamps, following area restrictions, using only authorized gear, and keeping logs of relevant activities, the chance of someone being apprehended for a violation will decrease.

If someone is charged with a Level Two violation, defenses to this may include:

• Mistake of fact: Law enforcement misidentified the species of the captured wildlife/there was a measurement error
• Improper notice (area not clearly posted as closed)
• Unlawful stop or seizure (Fourth Amendment protections)
• Necessity or duress (safety issue requiring entry into a restricted area)

In sum, Level Two wildlife violations in Florida occur when someone violates one of FWC’s various rules and regulations relating to fish and wildlife. 

This is classified as a first- or second- degree misdemeanor, and may carry significant criminal penalties and suspensions of relevant licenses if someone is found guilty. However, there are various defenses available if someone is accused of violating Fla. Stat. Section 379.401. 

If someone is charged with a wildlife 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 drug 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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