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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. |
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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. |
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. |
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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! |
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it was on a championship course in the new section on a rented cart, probably visiting grand parents with his dad.
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It is not necessary to post property in TV to have homeowner rights against trespassers. A trespasser is someone who willingly comes on your property without an invitation (excluding contracted services, etc).
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I don't question the definition of trespassing.
But I also stand by my opinion that it would be difficult to have somebody convicted of trespassing if they simply encroached a few feet to retrieve a ball and immediately reentered the golf course. |
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No matter a few feet or 30 feet its trespassing polar bear. It is like Kittygilchrist is saying if you put a little dent or a big dent you are still damaging someones property, weather or not you get caught is not integrity. People aren't bothered by a couple of feet but the old saying goes, give them an inch and they will take a mile. Now i have seen people with telescope ball retrievers and they come out 8 to 10 feet. These people stay on the course and if they can retrieve there ball they get it, if they can't they leave it and never come on the property. Now one gentleman couldn't retrieve his ball and headed toward his cart, I stopped him and said let me get that for you and thanked him for being a gentleman. he wasn't sneaky and tried to come on the property and then run away like you have stated polar bear. Are you starting to get the point. The rules are not to come on private property or off the course. Everyone seems to know that rule but feels it doesn't apply to them. |
I would advise to follow the rules of golf, use common sense (if you have some) and be courteous. Golf balls are short money. Consider it lost if it goes on someone's property.
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