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Old 06-08-2017, 04:14 PM
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Carl in Tampa Carl in Tampa is offline
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Default Trespass Warning

Quote:
Originally Posted by manaboutown View Post
But what about "Ignorance of the law is no excuse"? I realize a policy is not necessarily law... your thoughts?
Under Florida law, if a person is on private property and is violating a policy or standard of behavior, the owner or manger of the property can order the person to leave. The policy being violated must be explained.

If the person refuses, the owner or manager can call the police. When the police arrive, the offender generally is given the option to conform to the policy or to leave. If the offender refuses to conform, the police officer issues a "Trespass Warning" in writing, telling the offender to leave the property.

If the offender refuses to leave, the officer makes an arrest. The arrest is not for violating the policy, but for violating the Trespass Warning. That's why the arrest is not made when the officer first arrives. There is no offense until the Trespass Warning is served on the offender.

At the Sheriff's Office where I worked, this is how it was done. Every deputy carried blank Trespass Warnings which the deputy could execute. Other agencies may consider a verbal warning from their officers to be sufficient.

The Trespass Warning may be for a temporary period or perpetual, at the option of the owner or manager of the property.

SO..........absent being put on notice by The Villages that photography is prohibited at a particular venue, you must be warned before your are in violation of the policy.

Ignorance of the law is quite different from ignorance of the rules.
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