After the 15-year-old and 16-year-old accused of dumping the garbage turned themselves in last week, the Florida Fish and Wildlife Conservation Commission (FWC) announced it was pursuing third-degree felony charges against them. The commission says it conferred with a staff biologist, who determined that the trash posed a hazard to wildlife — a prerequisite to charging a defendant with a felony under the statute at play.
A researcher who heads up FWC's marine debris program, the expert determined that "the pollution discarded into the ocean from the occupants of the blue vessel is harmful to the marine environment as well as poses a risk to human health and safety." She cited research about the dangers that sea turtles and other aquatic animals face from solid waste in the ocean, including entrapment in discarded garbage.
The counts the teens are now facing carry much more severe penalties than those outlined in a separate Florida statute used to punish littering — which provides for a non-criminal $150 fine for dumping less than 15 pounds (or 27 cubic feet in volume), and a first-degree misdemeanor for dumping in excess of those quantities.
By comparison, the felony counts with which the teens are charged carry a maximum $50,000 fine and/or imprisonment for up to 5 years, though the juveniles are not expected to be hit with a max sentence. (New Times is not publishing their names on account of their age.)
Brett Schwartz, a Miami-based criminal defense attorney at Hager & Schwartz, says that the national spotlight on the case likely incentivized prosecutors to seek harsher charges so they would not appear to be taking the incident lightly.
"The high-profile nature clearly motivates the state to make an example of these boaters regardless of their age," Schwartz, who is not involved in the case, says. "They are charging them in this way because of the public outrage."
The attorney says a probable outcome of the case may entail a pre-trial diversion program, community service, and a fine.
When the charges were announced on May 3, FWC Chairman Rodney Barreto reiterated that "illegal dumping of trash in our marine environment is a serious crime."
"We worked closely with the Palm Beach County State Attorney's Office to determine appropriate charges. Callous disregard for Florida’s environment will not be tolerated. This is a teaching moment for all those involved. Florida’s natural resources are precious, and we should all do our part to protect them," Barreto said."We worked closely with the Palm Beach County State Attorney's Office to determine appropriate charges. Callous disregard for Florida’s environment will not be tolerated."
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At a prior, May 1 commission meeting in Daytona Beach, Barreto stated that he would like to see the teenagers do at least 500 hours of community service overseen by FWC. "These are all juveniles, but we need to send a message that Florida doesn't tolerate this and that we want to protect our environment," Barreto said.
After news of the felony case broke, social media users reacted in what's become one of Florida's most high-profile trash-dumping cases in recent years.
"Felony part may be overkill, but definitely need community service," one user opined on the social media platform X.
Another user speculated that "nothing is going to happen" to the teens. "It's only for show. Worst-case scenario: probation 'because they're good kids,'" the commenter wrote.
One user fumed, "I hope they actually get consequences for this and not just a slap on the wrist."
The FWC did not redact the teenagers' names from the arrest reports, and some media outlets ran stories fully disclosing the boys' identities. Schwartz says the severity of the charges and viral attention to the case could have lasting consequences for the teens stretching well into their adulthood.
"That's not to trivialize the importance of protecting our waters," Schwartz says. "But these are juveniles, and to tarnish their entire future over this is unjust.""That's not to trivialize the importance of protecting our waters. But these are juveniles, and to tarnish their entire future over this is unjust."
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The vessel, Halcyon, is owned by a company registered with the 15-year-old defendant's father. FWC investigators say that they confirmed the boy as one of the trash dumpers through interviews with a dean and two teachers at the West Palm Beach private high school where he is a student.
According to the arrest reports, FWC interviewed students and a school resource officer at a Boca Raton high school and verified that the 16-year-old was the other boy seen dumping trash into the ocean in the video.
One of the teen's families recently apologized for the incident, according to a Palm Beach Post report. Released through a spokesperson, the family's statement said they agree with Barreto "that this is a teaching moment for the young kids involved" and that the teenagers should participate in ocean conservation projects and perform community service.
"We take the responsibility of caring for our oceans and our community very seriously, and we are extremely saddened by what occurred last weekend at Boca Bash. We want to extend our sincerest apologies to everyone who has been impacted and rightfully upset by what occurred," the statement reads.
Boca Bash's organizers said in a statement that they were "appalled" by the trash dumpers' behavior.
"By no means do we believe this is a representation of the gathering. We implore and expect boaters to keep the waterways clean, uphold proper boating etiquette, and follow state laws while on the water," the statement reads.
The event is a boat party held annually on Lake Boca, attracting hundreds of revelers. This year, law enforcement made at least 16 arrests at the event on charges such as boating under the influence or possession of a controlled substance.
