Diving privately owned springs from river

[ReefHound]

There has to be a crime commited to have an arrest...regardless of LEO or citizen....Example....using original example...If OP is caught by property owner for trespassing....and wants him arrested (citation) for it, the OP cant turn around and say I want the property owner arrested......there is no crime committed (unless there is some other circumstances...such as an assault etc.)

No there doesn't have to a crime committed, there has to be an *allegation* of a crime committed. Maybe they are the same thing in a perfect world, but we do not live in a perfect world. News flash - sometimes people lie (officer, he smacked me). And sometimes - gasp - people are even found Not Guilty.

 

[JDostal]

Florida.

Marianna, FL on Merrits Millpond. Edd @ Cave Adventures will rent you a pontoon boat.

Also, if you have a friend that lives on the river and has some flat bottom boats, you can borrow those to motor up the river and dive Ginnie, and some of the other really fun sidemount stuff on the river.

Are those locations in WI or FL? Whats legal in WI is not necessarily the same in FL!

 

[hollywood703]

No there doesn't have to a crime committed, there has to be an *allegation* of a crime committed. Maybe they are the same thing in a perfect world, but we do not live in a perfect world. News flash - sometimes people lie (officer, he smacked me). And sometimes - gasp - people are even found Not Guilty.

ok, you got me on symantics.......I was saying you cant just have someone arrested, because you are being arrested....There has to be a crime...alleged or actual....OP gets arrested for tresspassing, he cant say i want them arrested....officer says for what....he says i dont know...I just want them arrested.......no crime, nor alleged crime....was my point.

 

[Gary D.]

It's legal.

It's also what is done fairly often at Jackson Blue, near Marianna. You can rent pontoon boats and motor up the pond to dive Hole In The Wall, Twin and Jackson Blue. Normally you are supposed to pay a fee and sign in at the sheriffs office to dive JB, but if you anchor outside of the swim area and then just swim to the spring there is, from a legality standpoint, absolutely nothing wrong with it.

Yeah it's more work, but hey. When your friend has a couple of flat bottom boats at her place on the pond, why not take advantage of it.

It may be legal in you neck of the woods but in other areas it may not be. Unless you see the lease and know what arrangements have been made with ALL of the governing agencies it would be very wise to stay out.

Gary D.

 

[JDostal]

He was asking about a Florida spring - in particular Ginnie.

I was giving him a response in regard to that spring, as well as several other Florida springs.

It may be legal in you neck of the woods but in other areas it may not be. Unless you see the lease and know what arrangements have been made with ALL of the governing agencies it would be very wise to stay out.

Gary D.

 

[Brewone0to]

What does diving from a boat have to do with whether or not a flag is required?

It's a law in Fla to fly one while diving.
Also I believe it has to be vis from all angles,
otherwise more than one may need to be in use.

 

[Brewone0to]

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.

Be assured that FWC is there on the river often.
Not only are they up to speed on diving rules and regs,
They Do carry a book of blank tickets which they may write.

I seem to recall someone getting a warning
for not using a flag at one of the MegaDives last year.

Jah Jah you can check with Jared as to whom &
I think he has and posted a pic of the warning.

Also,I'd bet money that if "GDI" said that legally it could be done,
that he is prob right, as he has been there likely more than most on this board.

 

[ereediver]

Interesting thread, in my semi-informed opinion, a place like Ginnie springs probably knows their rights to their property. If they call in Law Enforcement my guess would be they know they have the right to. My guess would be the fees they charge or for upkeep of the parking lot, restrooms, and such. If they maintain anything in the water that could give them rights to regulate it's use such as the case with marinas. Does not mean they can keep you out, but they don't have to let you dock. There is also the issue of security which gets real sticky especially of you dive near a bridge even in navical water. If they get public money to maintain then they have to grant public access. So my point is ther are loop holes in everything. Why we have so many lawyers. So this long winded suggestion is, If it's going to piss off the property owner is it really worth it. If they don't care, it probabaly means they can't care so.. ask... My 2 cents.
P.S. being cited or arrested does not mean your a guilty. It means that "Probable Cause" exisists that a crime has been commited and the arrested/cited person commited the crime. "Color of Law" exsists because not very many people know all of the laws on the books verbatum.
I also find it amusing that folks who say don't dive here or there if your not trained can say dive tresspass who's gonna catch you

 

[MikeFerrara]

It's a law in Fla to fly one while diving.
Also I believe it has to be vis from all angles,
otherwise more than one may need to be in use.

Of course and you have to have a flag most everyplace else too but you need a dive flag whether or not you are diving from a boat.

 

[Thalassamania]

I believe that in most locations prior warning is required for trespass.

I'm told that, similarly, a quiet warning directed to the LEO or Judge of the problem should be enough to make a case for Deprivation of Civil Rights.