Florida Statute 379.3381 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 379
FISH AND WILDLIFE CONSERVATION

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379.3381 Photographic evidence of illegally taken wildlife, freshwater fish, and saltwater fish.—In any prosecution for a violation of this chapter, any other chapter, or rules of the commission, a photograph of illegally taken wildlife, freshwater fish, or saltwater fish may be deemed competent evidence of such property and may be admissible in the prosecution to the same extent as if such wildlife, freshwater fish, or saltwater fish were introduced as evidence. Such photograph shall bear a written description of the wildlife, freshwater fish, or saltwater fish alleged to have been illegally taken, the name of the violator, the location where the alleged illegal taking occurred, the name of the investigating law enforcement officer, the date the photograph was taken, and the name of the photographer. Such writing shall be made under oath by the investigating law enforcement officer, and the photograph shall be identified by the signature of the photographer.

History.—s. 35, ch. 2009-86.

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Cases Citing Statute 379.3381

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Humberto Hernandez v. The State of Florida (Fla. 3d DCA 2021).

Published | Florida 3rd District Court of Appeal

...On appeal, Hernandez argues the trial court erred in denying his motion for acquittal because the State failed to present sufficient evidence to establish his guilt. During trial, the court excluded photographs of the snapper at issue because they did not comply with section 379.3381, Florida Statutes (2021), which permits the State to admit into evidence photographs of illegally taken fish and wildlife. 1 After the State’s case-in-chief, Hernandez moved for 1 Section 379.3381 provides that: In any prosecution for a violation of this chapter, any other chapter, or rules of the commission, a photograph of illegally taken wildlife, freshwater fish, or salt...

...available, must be introduced into evidence. . . .” Id. However, G.E.G. “has not been extended beyond controlled substances” to other forms of physical evidence, Ehrhardt, supra, § 952.1, and we decline to do so here. Hernandez also relies on § 379.3381, which permits photographic evidence to be used as competent evidence in prosecutions under Florida’s Fish and Wildlife Statute, provided the photographs are properly authenticated....