Florida spearfishing regulations require a recreational saltwater fishing license, restrict where you can dive, ban a long list of species from being taken by spear, and mandate a diver-down flag whenever you’re in the water. The rules sit across Florida Statute 379.2425, Florida Administrative Code Rule 68B-20.003, and FWC species regulations, and violations range from a $50 civil fine to felony charges with equipment forfeiture. Here’s what you need to know before you get in the water.
The License You Need
Anyone spearfishing in Florida salt water needs a valid recreational saltwater fishing license from the Florida Fish and Wildlife Conservation Commission (FWC).1Florida Fish and Wildlife Conservation Commission. About Recreational Fishing and Hunting Licenses Current prices:
- Resident annual: $17
- Resident five-year: $79
- Non-resident annual: $47
- Non-resident seven-day: $30
- Non-resident three-day: $17
Children under 16 don’t need one. Florida residents 65 and older are exempt with proof of age and residency, or can get a free Resident 65+ Hunt/Fish Certificate. Passengers on a licensed for-hire charter are covered by the vessel’s license.1Florida Fish and Wildlife Conservation Commission. About Recreational Fishing and Hunting Licenses
Fishing without a required license is a Level One violation: $50 civil penalty plus the license cost for a first offense, $250 plus license cost if you’ve been cited for the same thing in the past 36 months.2Florida Senate. Florida Code 379.401 – Penalties
Where You Can Spearfish
Spearing is legal by default in Florida salt waters and salt tributaries, with important exceptions carved out by statute and rule.3Legal Information Institute. Florida Administrative Code R 68B-20.003 – Spearing, Statewide Regulation
Freshwater Is Off-Limits
You can’t spearfish in any Florida freshwater body. The prohibition covers possession too: carrying a speargun in or on freshwater is itself a violation, so an assembled speargun on a lake or river can draw a citation.4Florida Fish and Wildlife Conservation Commission. Spearing
Buffer Zones Around Public Areas
Rule 68B-20.003 keeps spearfishers away from swimmers and anglers:3Legal Information Institute. Florida Administrative Code R 68B-20.003 – Spearing, Statewide Regulation
- No spearing within 100 yards of a public swimming beach
- No spearing within 100 yards of a commercial or public fishing pier
- No spearing within 100 yards of a bridge open to public fishing
- No spearing within 100 feet of any part of a jetty above the water surface, except along the last 500 yards of a jetty that extends more than 1,500 yards from shore
The Keys, State Parks, and Volusia County
Florida Statute 379.2425 bans spearfishing in John Pennekamp Coral Reef State Park and in Monroe County waters from the Miami-Dade/Monroe line south through Long Key.5Florida Senate. Florida Code 379.2425 – Spearfishing Definition Limitations Penalty It’s also prohibited in any waters managed by the Department of Environmental Protection’s Division of Recreation and Parks, and spearfishing gear in those waters must be unloaded and stored.4Florida Fish and Wildlife Conservation Commission. Spearing
Volusia County inland waters are closed to spearing, with one narrow exception: flounder and sheepshead may be taken using a barbed spear with three or fewer prongs.4Florida Fish and Wildlife Conservation Commission. Spearing
The Florida Keys National Marine Sanctuary
The sanctuary uses marine zoning that restricts fishing, including spearfishing, in designated areas. The rules are federal (15 CFR 922 Subpart P) and are enforced by both state and federal agencies, so a violation in a sanctuary zone stacks federal consequences on top of any state penalty.6National Oceanic and Atmospheric Administration. Florida Keys National Marine Sanctuary Regulations
Local governments can also petition the FWC to close specific areas for safety or biological reasons, so checking local ordinances before diving somewhere new is worth the few minutes.5Florida Senate. Florida Code 379.2425 – Spearfishing Definition Limitations Penalty
Species You Cannot Spear
The prohibited-for-spearing list is long, and it includes fish that are perfectly legal to catch by hook and line:4Florida Fish and Wildlife Conservation Commission. Spearing
- Goliath grouper and Nassau grouper
- Snook, red drum, spotted seatrout, weakfish, bonefish, tarpon, pompano, African pompano, permit, tripletail
- All billfish
- All sharks
- Spotted eagle ray and manta ray
- Sturgeon
- Blue crab, stone crab, lobster
- Ornamental reef families including angelfish, butterflyfish, parrotfish, damselfish, seahorses, puffers, and triggerfish (gray and ocean triggerfish excepted)
Goliath grouper and Nassau grouper are on the FWC’s broader prohibited species list and can’t be harvested by any method at all.7Florida Fish and Wildlife Conservation Commission. Prohibited Species For species that can be speared, the same size limits, bag limits, and seasons apply as for other recreational anglers.4Florida Fish and Wildlife Conservation Commission. Spearing
Legal Gear
Spearguns, pole spears, Hawaiian slings, and similar devices are allowed. The FWC defines “spearing” to include bow fishing, gigging, spearfishing, and any device that pierces the fish’s body.4Florida Fish and Wildlife Conservation Commission. Spearing
Powerheads, bang sticks, and rebreathers are restricted. Rule 68B-20.003 prohibits their use as specified in Rule 68B-4.012.3Legal Information Institute. Florida Administrative Code R 68B-20.003 – Spearing, Statewide Regulation If you plan to use any of these, read Rule 68B-4.012 directly rather than trusting forum advice.
Diver-Down Flag Rules
You have to display a diver-down flag whenever you’re in the water, and the size and distance requirements are specific. Under Florida Statute 327.331:8The Florida Legislature. Florida Statutes 327.331 – Divers Definitions Divers-Down Flag Required Penalty
- A flag towed by a diver on a buoy or float must be at least 12 by 12 inches
- A flag flown from a vessel must be at least 20 by 24 inches, mounted at the highest unobstructed point
- The flag is red with a white diagonal stripe, and must have a stiffener so it stays open in still air
- Take it down as soon as everyone is out of the water; flying it when nobody is diving is also a violation
Vessels must stay at least 300 feet from a flag in open water and 100 feet in rivers, inlets, and navigation channels, and must slow to idle if they enter those zones. Divers have the mirror obligation: stay within 300 feet of your flag in open water, 100 feet in channels.8The Florida Legislature. Florida Statutes 327.331 – Divers Definitions Divers-Down Flag Required Penalty
State Waters Versus Federal Waters
Florida state waters extend 3 nautical miles offshore on the Atlantic coast and 9 nautical miles on the Gulf coast.9Florida Fish and Wildlife Conservation Commission. Boundary Maps and Management Zones Past those lines you’re in federal waters, and different rules apply.
If you spear highly migratory species in federal waters, such as tuna, billfish, or swordfish, your vessel needs a federal Atlantic HMS Angling permit from NOAA Fisheries. The permit attaches to the vessel and renews annually.10NOAA Fisheries. Atlantic Highly Migratory Species Permits Sharks and billfish remain off-limits to spearing under Florida rules regardless of where you caught them, and your Florida license is still required to land saltwater species in Florida no matter where they came from.11Florida Fish and Wildlife Conservation Commission. Recreational Saltwater Licenses and Permits
Penalties
Florida fishing violations run on a level system, with penalties escalating for repeat offenses.2Florida Senate. Florida Code 379.401 – Penalties
Level One covers unlicensed fishing. It’s a noncriminal infraction at $50 plus license cost for a first offense, rising to $250 plus license cost within 36 months. Refusing the citation or skipping court bumps it to a second-degree misdemeanor.
Level Two covers offenses like exceeding bag limits or violating species restrictions. First offense: second-degree misdemeanor. Second conviction within 3 years: first-degree misdemeanor, $250 minimum mandatory fine. Third within 5 years: $500 minimum, one-year license suspension. Fourth within 10 years: $750 minimum, three-year suspension.
Level Three covers the most serious violations, including taking protected species. A first offense is already a first-degree misdemeanor; repeat convictions can be felonies.
Equipment Seizure
The FWC can seize your speargun, vessel, motor, and other gear used in connection with a saltwater fishing violation that results in a conviction. “Conviction” here means any disposition other than acquittal or dismissal. The commission notifies the registered owner by certified mail within 14 days, and the owner has 21 days from receiving that notice to request a hearing; missing the deadline means automatic forfeiture. On a first conviction, the FWC must prove the owner knew about or participated in the violation. On a second or later conviction, the owner has to prove they didn’t.12Florida Senate. Florida Code Title XXVIII Chapter 379 Part V Section 379-337 – Confiscation Seizure and Forfeiture of Property and Products
Contesting a Citation or Administrative Action
If the FWC brings an administrative action against your license or permit, you have 20 days from service to request a hearing through the Division of Administrative Hearings. You’ll receive a transmittal letter with your assigned judge and case number, then a formal notice of hearing at least 14 days before the proceeding. At the hearing you can present evidence, call witnesses, and cross-examine the FWC’s. Where a license or permit is on the line, the FWC’s burden is clear and convincing evidence. The judge issues a recommended order; you can file objections and appeal the final order.
Criminal charges from a fishing violation go through county court under the standard criminal process. Either way, the deadlines are short, and missing them forfeits your right to contest.