[kittygilchrist]

Originally Posted by Chellybean

i agree with everything you said except the no trespassing signs. the boundary's are marked and there is no confusion in were private property start's and the golf course ends.So under Florida law you then are knowingly trespassing.
HOWEVER!, But now you have to prove that in court and try to prove what the golf was thinking which is not easy.
So the solution is to put up no trespassing signs up so there is no confusion or question that the home owner doesn't want anyone to trespass.
Now the question is will golfers respect that.
most don't and feel entitlement. and this is where all the hubbub comes from.

It is not necessary to post no trespassing signs. The homeowner has rights of no trespass automatically to what is called the curtilage around the home.
There is another thread, Florida Trespass Law with the law cited, interpreted, and with case law.

810.09 Trespass on property other than structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

[shcisamax]

Originally Posted by Golfingnut

Not if posters stick to the question by not adding personal opinions rather than facts.

Well, that might be true but responding by saying things like, "some that use the opportunity to act like a raving idiot." seems like an opinion versus a fact. Just sayin'

[DonH57]

Originally Posted by Chellybean

This is not a close comparison, having a train go by and not ona your property is alot different;
When your a none golfer and own your own property no one tells you that you will have AHOLE golfers not respecting rules of the golf course and common sense to stay off peoples property.
I don think coming a couple feet onto someones property to retrieve a ball is the problem.
Its the AHOLE golfer that come in the property 25' and with his friend playing hide and go seek for there ball 10 times a day without even asking.
And then there are the ones that hit your house and don,t even ask if they did any damage just where is there 2.00 ball.
Come on folks who isn't using there common sense here.
we can beat it to death.

I see a comparison between the two. Sorry you don't. I didn't bring up golfers responsibilities. They do often walk away, or run.

[Chellybean]

Originally Posted by kittygilchrist

It is not necessary to post no trespassing signs. The homeowner has rights of no trespass automatically to what is called the curtilage around the home.
There is another thread, Florida Trespass Law with the law cited, interpreted, and with case law.

810.09 Trespass on property other than structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

Finally someone that know the Statue thank you for this post.
If you don't understand the language it means you are trespassing period!
have a good day folks.
as i was writing this someone on the golf course walk right by a no trespassing sign ten feet in and retrieved his ball, i rest my point!
AHOLE golfers. l.o.l.

[TheVillageChicken]

Originally Posted by kittygilchrist

It is not necessary to post no trespassing signs. The homeowner has rights of no trespass automatically to what is called the curtilage around the home.
There is another thread, Florida Trespass Law with the law cited, interpreted, and with case law.

810.09 Trespass on property other than structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

You are ignoring the part I have highlighted?

[kittygilchrist]

Originally Posted by TheVillageChicken

You are ignoring the part I have highlighted?

You are right. that particular quote is in reference to criminal intent.
I should have used this...you cannot substitute AND where the law says OR....but you knew that.
Here's the preceding section:
FL STATUTE
810.08 Trespass in structure or conveyance.—
(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

810.011 Definitions.—As used in this chapter:
(1) “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.

[Chellybean]

Originally Posted by TheVillageChicken

You are ignoring the part I have highlighted?

read 1a is the key language;

[Chellybean]

Originally Posted by kittygilchrist

It is not necessary to post no trespassing signs. The homeowner has rights of no trespass automatically to what is called the curtilage around the home.
There is another thread, Florida Trespass Law with the law cited, interpreted, and with case law.

810.09 Trespass on property other than structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

1a is the key language;

[TheVillageChicken]

Originally Posted by Chellybean

1a is the key language;

Can't wait to see your interpretation of sub paras 1. and 2. of your referenced paragraph.

[Chellybean]

some people can't read or interpret simple language, P.S. are you a golfer l.o.l.
have a nice day this is getting way to borrowing, you must be looking at you neighbors lanai; l.o.l.

[Polar Bear]

The only thing I've seen during my admittedly modest research is that it's not usually cut-and-dried. But a couple of opinions (which I happen to agree with) do seem to recur quite frequently...

1) In an average situation of a golfer accidentally doing relatively minor damage to a home with a stray shot, the homeowner would have a hard time getting the golfer to be held legally responsible, largely because the homeowner was aware of the possibility of such an occurrence before purchasing the home;

2) It would also be very difficult to find a golfer guilty of trespassing if he simply went a short distance onto somebody's property to retrieve a golf ball and immediately returned to the golf course.

[TOTV Team]

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[Chellybean]

Originally Posted by Polar Bear

The only thing I've seen during my admittedly modest research is that it's not usually cut-and-dried. But a couple of opinions (which I happen to agree with) do seem to recur quite frequently...

1) In an average situation of a golfer accidentally doing relatively minor damage to a home with a stray shot, the homeowner would have a hard time getting the golfer to be held legally responsible, largely because the homeowner was aware of the possibility of such an occurrence before purchasing the home;

NOT TRUE; No One makes you aware of bad behavior of Golfers and them not following the rules, this issue has been beaten to death on the village forum

2) It would also be very difficult to find a golfer guilty of trespassing if he simply went a short distance onto somebody's property to retrieve a golf ball and immediately returned to the golf course.

NOT TRUE; If the property is posted and Golfers still enter's (which some do) then i believe a judge would Find the perpetrator arrogant and knowingly trespassing.
Now the really question is, is it worth it and weather they get confronted by the home owner is the embarrassing part for them.
I caught a guy sending his 14 year old son to retrieve a ball and i heard him say "go get it before they see us hurry" Nice message they are sending there children not to respect others property.
Folks we can beat this to death.
If you can't afford the golf ball don,t play the sport period!

[bluedog103]

Originally Posted by Chellybean

NOT TRUE; If the property is posted and Golfers still enter's (which some do) then i believe a judge would Find the perpetrator arrogant and knowingly trespassing.
Now the really question is, is it worth it and weather they get confronted by the home owner is the embarrassing part for them.
I caught a guy sending his 14 year old son to retrieve a ball and i heard him say "go get it before they see us hurry" Nice message they are sending there children not to respect others property.
Folks we can beat this to death.
If you can't afford the golf ball don,t play the sport period!

Not a villager with a 14 year old son. What course do you live on?

[Chellybean]

it was on a championship course in the new section on a rented cart, probably visiting grand parents with his dad.