Talk of The Villages Florida

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kittygilchrist 06-24-2014 05:12 PM

Quote:

Originally Posted by TheVillageChicken (Post 898058)
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 06-24-2014 07:48 PM

Quote:

Originally Posted by TheVillageChicken (Post 898058)
You are ignoring the part I have highlighted?

read 1a is the key language;

Chellybean 06-24-2014 07:53 PM

Quote:

Originally Posted by kittygilchrist (Post 898038)
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 06-24-2014 08:21 PM

Quote:

Originally Posted by Chellybean (Post 898137)
1a is the key language;

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

Chellybean 06-24-2014 09:18 PM

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 06-24-2014 09:37 PM

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 06-24-2014 10:30 PM

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Chellybean 06-25-2014 08:04 AM

Quote:

Originally Posted by Polar Bear (Post 898180)
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 06-25-2014 08:57 AM

Quote:

Originally Posted by Chellybean (Post 898259)
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 06-25-2014 09:06 AM

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

TheVillageChicken 06-25-2014 09:09 AM

Quote:

Originally Posted by Chellybean (Post 898174)
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.

I can suggest a way for you to find out. How does a $500.00 Nassau sound to you?

kittygilchrist 06-25-2014 09:09 AM

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).

Chellybean 06-25-2014 02:51 PM

Quote:

Originally Posted by kittygilchrist (Post 898293)
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).

finally someone that can read the Law thank you!

Polar Bear 06-25-2014 05:09 PM

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.

kittygilchrist 06-25-2014 05:14 PM

Quote:

Originally Posted by Polar Bear (Post 898509)
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.

Well, heck Polar Bear, that's exactly right. Only people with integrity respect others when they can get away with hit and run. I think you are saying it perfectly.

Chellybean 06-25-2014 07:06 PM

Quote:

Originally Posted by kittygilchrist (Post 898513)
Well, heck Polar Bear, that's exactly right. Only people with integrity respect others when they can get away with hit and run. I think you are saying it perfectly.

I get your point Kittygilchrist.
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.

Steve & Deanna 06-25-2014 07:23 PM

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.

Polar Bear 06-25-2014 08:21 PM

Quote:

Originally Posted by Chellybean (Post 898568)
...he wasn't sneaky and tried to come on the property and then run away like you have stated polar bear...

Quote:

Originally Posted by kittygilchrist (Post 898513)
...get away with hit and run...

Sneaky? Run away? Hit and run? Your words, not mine. I said nor meant nothing of the kind. I was referring to reasonable golfers using common sense to retrieve a ball, harming nothing and no one.

Quote:

Originally Posted by Chellybean (Post 898587)
...you must be the one out of 100 Golfers that are Honorable...

99% of all golfers are dishonorable? You really meant to say that?!? I'll admit...I'm at a loss for words.


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