Diving privately owned springs from river

[ReefHound]

Just be careful claiming ignorance of the law will not avoid the possible ticket. Each area is different don't assume that just because they do it in in one place doesn't mean that it is ok in the case of Ginnie.

Ignorance of the law is not a legal defense but officers (and judges, if it comes to this) have broad discretionary powers. Whether they view you as a good guy who made a simple blunder or a punk who refuses to abide by the rules can be the difference in getting a warning versus a ticket.

 

[mike_s]

It's a popular swimming area, not sure if I legally need the flag on the boat. But, I can display one easily, it's setup for it. )

re-read the above law quoted above. If you're a boat and you have divers in the water, you have to have a flag. I don't think there's much legal question about it.


Now... I think chances of having the FWC come catch you is pretty rare, but don't discount Ginnie calling the Sheriff, who prob doesn't know diddley about dive laws, but you don't want Ginnie "educating" them either if you don't have a flag.

Get a flag. It's cheaper than the ticket.

 

[Gary D.]

Ignorance of the law is not a legal defense but officers (and judges, if it comes to this) have broad discretionary powers. Whether they view you as a good guy who made a simple blunder or a punk who refuses to abide by the rules can be the difference in getting a warning versus a ticket.

BUT if it's the property owner wishing to issue the citation the officers are out of it other than assisting the people involved.

Gary D.

 

[JahJahwarrior]

(2) All divers must prominently display a divers-down flag in the area in which the diving occurs, other than when diving in an area customarily used for swimming only.

I misread that, ommitting the "only," and assumed that since Ginnie is usually used for swimming and diving, I need not display the flag.

The flag is a non issue. I have a good dive flag and a way to attach it to the boat, just like when I've used the boat in Steinhatchee and Crystal River.

 

[underwasser bolt]

BUT if it's the property owner wishing to issue the citation the officers are out of it other than assisting the people involved.

Gary D.

Don't know anything about Florida, but in Texas the decision to issue a citation is up to the officer. Call me out on a civil issue, I will tell you to file suit. If the act is not criminal, I don't get involved. I have been in situations where someone was insisting a citation be issued; told them no and they could take it up with the city attorney. Filed a report.

 

[Thalassamania]

Ignorance of the law is not a legal defense but officers (and judges, if it comes to this) have broad discretionary powers. Whether they view you as a good guy who made a simple blunder or a punk who refuses to abide by the rules can be the difference in getting a warning versus a ticket.

In a case like this it would be good for judges and officers to remember that "deprivation of civil rights under color of authority" is a Federal crime and a felony to boot.

 

[Gary D.]

Some come up with you can do this or do that but each area is different with different laws, rules and regulations.

Here is an example of what Idaho offers. If a person, marina or what ever gets a permit to place, say a marina on the water that is attached to the shore you best keep your butt out if you don’t belong there.

The land will be private property with access given to only those authorized to be there. Even the beach or bank no matter what it is made of is still private property up to the High Water Line which will have a legal level. It’s not what you THINK is the High Water Line.

Then we get into the water way bottom. Basically it’s keep your butt out. What was leased on the surface goes right through the water column to the bottom INCLUDING the water in between the surface and the bottom.

The results are Trespassing and Theft charges. So the Dumb Sheriff Deputies or Officers don’t have to know anything about Diving Laws, which there are very few around the country. Most are just incorporated with other rules, regulations and laws.

Just yesterday I got roped into something illegal and the hard headed buddy of mine just will not listen.

One of the cruise boats on the lake dropped a 42” bronze screw overboard. Before their divers could get there a neighbor of my buddy who also lives on the lake snagged it somehow and towed it across the lake. Now they want me to go bring it up so he can have it as a yard ornament on his lakefront property.

I tried to explain to them that Idaho has NO salvage laws and what ever you find underwater still belongs to the original owner forever. It’s not a finder’s keeper’s state.

I think the result is going to be some flies hitting the Westinghouse before this is over. I just can’t get it through their head that what they are in the process of doing is a Felony and if they don’t stop now someone is going to jail.

A source I have on the other side put the value of that screw at over $4000.00. Why me?

Gary D.

 

[Gary D.]

Don't know anything about Florida, but in Texas the decision to issue a citation is up to the officer. Call me out on a civil issue, I will tell you to file suit. If the act is not criminal, I don't get involved. I have been in situations where someone was insisting a citation be issued; told them no and they could take it up with the city attorney. Filed a report.

Up here Trespassing is criminal, not civil so a citizen CAN issue the citation or make an arrest. On Civil issues we're the same, call Perry Mason.

Gary D.

 

[DiverBizz]

I would rather spend the money diving than spend it on Perry Mason fees, deciding if I can dive. Just dive, pay the money and dive.

 

[ReefHound]

Up here Trespassing is criminal, not civil so a citizen CAN issue the citation or make an arrest. On Civil issues we're the same, call Perry Mason.

Gary D.

If you're talking about citizen's arrest be very careful. In most cases it is limited to felony in progress and most importantly, the citizen does not have immunities and other protections that certified peace officers have. Better be extremely sure you have the right person and are doing the right thing, especially if the subject is not cooperative and it escalates into physical confrontation.

I find it hard to believe an officer is compelled to act, all he needs is doubt about the circumstances. Happens a lot in domestic cases where two sides dispute who has ownership or rights to property. Unless one side has compelling evidence, officers will likely just separate the parties to prevent physical violence and leave the rest to the courts.