SEMINOLE COUNTY, Fla. – The Florida Fish and Wildlife Commission will start fining people who don't protect their garbage from bears.
[MORE: Living with bears | Bear hunting info | Where are bears located? | VOTE: Do you think bear hunting should be legal in Fla.?]
The new rule went into effect Aug. 6, and at least one Central Florida homeowners' association posted its own regulations about the times garbage cans be placed outside.
Wildlife officials told Local 6 that they typically give a warning to first-time offenders who leave trash outside that attracts bears.
If the FWC cannot resolve the issue with the resident and the problem persists, officials can issue a civil penalty in the form of a $100 fine.
If the violation continues, the punishment can become a second-degree criminal misdemeanor resulting in a $500 fine.
FWC wrote of the change:
"Previously, any violation of FWC's rules prohibiting the feeding of wildlife would result in a 2nd degree misdemeanor, punishable of up to 60 days in jail and up to a $500 fine, at the discretion of the judge.
"The severity of the previous penalty resulted in a challenging situation for enforcement of wildlife feeding rules. When citations were issued for bear or alligator feeding violations, a third of those were rejected by Assistant State Attorneys (ASAs), another third were found guilty but were only fined, with their adjudications withheld (i.e., no criminal misdemeanor issued), and the remaining third received both a fine and criminal misdemeanor.
"The new penalty system progresses from a civil penalty to a criminal penalty as multiple offenses occur. With this new penalty structure, fewer criminal violations will likely occur, reserving the more severe penalty for those violators who continually choose to disobey the rules despite receiving education, warnings, and a civil penalty.
"The new amendments change the previous penalties for all feeding violations except marine fish. The new penalty system starts with a civil penalty of $100, and then gradually increases in severity (Table 2). For bears and crocodilians only, subsequent offenses increase the severity of the criminal infraction and penalties, increasing for the 3rd to 4th offenses."
Table 2. Penalties for wildlife feeding rules by number of offenses.
Offense | Criminal Penalty Level | Fines | Incarceration | Applies to Which Rules |
1st | None | $100 | None | All except Marine Fish |
2nd | 2 nd degree misdemeanor | Up to $500 | Up to 60 days | All except Marine Fish |
3rd | 1 st degree misdemeanor | Up to $1,000 | Up to 1 year | Bears and Crocodilians |
4th | 3 rd degree felony | Up to $5,000 | Up to 5 years | Bears and Crocodilians |
The Heathrow community recently sent its homeowners a notice, saying, "Residents leaving garbage out overnight or prior to 5 a.m. could be in violation of FWC of this new ruling."
"It is an aggravation," said Tim Powell, who lives of Markham Woods Road. "I don't like getting up at 5:45 to put my garbage out, but it's just a practical matter, we live in a bear area."
The Heathrow Master Association said in December that trash and garbage "shall not be placed outside earlier than 5 a.m. on collection day unless the garbage is placed in a 'Certified Bear Proof Container.'"
The notice also said "FWC has permission to drive the Heathrow streets at times earlier than 5 a.m."
FWC said that is true, it has permission, but does not and will not patrol streets for violators.
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