1. Long-time former prosecutor. I read it differently. I believe the disjunction between Section 1 and 2 stems from revisions in 2012. Hunting with lights has been around forever and the 1st section addresses that. My reading is that using a light for hunting is unlawful, day or night.
I believe the second section was added due to newer technology. In fact, there is some anecdotal suggestion floating around the internet that was the intention of the 2012/2013 changes.
In the definitions under 33-1-102 “taking” would encompass hunting OR possessing the animal in question. It’s a bit of a catch-all, like possession limits. Ie., don’t help your buddy with poached game.
If the “or” signified 2 completely separate things, as suggested above, the result would be odd. You could help your buddy with his poached animal taken during the day, but not at night since only “hunting“ with these devices is unlawful.
2. I am confident in my interpretation, but please don‘t rely on my opinion, I’m only licensed in FL.
3. Just remember an attorney can’t help you in the field. A game warden may or may not understand the intention of the statute. None that I have ever met are able to parse legal language effectively in a confusing scenario. I’ve been reading for over an hour on it. A judge could and would likely read it my way. But would you want to go through the process to be vindicated months later at great expense? Every single invalidation or limiting interpretation of a statute comes subsequent to someone’s arrest or citation. There’s a difference between being legal and being smart.
4. Calling Fish and Game is likely to get you a CYA “NO”, either way, unless that person is truly experienced with that specific regulation. That‘s just generally how it works.
5. I have a half dozen pretty decent thermals that I’ve used out of curiosity on our ranch. Not helpful in our location and conditions. Maybe helpful in colder climates, etc.
I offer no opinion on the ethics involved.
Best regards,