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That's the whole point of this hijack - there should be no "caught" in the equation. If the State Park system wants to prevent you from diving the cave from park property, that's their right, but the legal ruling concerning Poe states that if you don't touch land, you're not their concern.Quote:
Originally Posted by cavediver256
That's not really how it works. The ruling at Poe doesn't apply to Troy as Troy is state managed. Poe isn't a state park the state hasn't put any rules into place and private entities aren't allowed to either. Troy both from the land and from the water is managed by the state as part of a state park. Their rules stand regardless of which way you enter as it is state owned land managed by the state.Quote:
Originally Posted by Slüdge
The state could make Poe a state park and stop any cave diving but they would have to follow the process for such things including management plans and public input.
The right the public has to access water in FL isn't because its navigable. It's because it's owned by, held in trust for, and managed for the good of all Floridians. As the managing entity the Department of Environmental Protection (who runs state parks) can place restrictions and requirements which have to be followed regardless of how you get to the site.
Miranda
Interesting concept. I wonder why the water at Troy Spring isn't owned by, held in trust for, and managed for the good of all Floridians.Quote:
Originally Posted by cinder4320
Quote:
Originally Posted by Slüdge
It is...and they've determined that limits on cave diving here are for this "good". Don't necessarily agree but its the same concept with anything that is limited on state or federal property.
Miranda
So what about the people who erect spillways out of loose rock and then claim it's not navigable? It seems to me that they are disrupting the flow of the spring as well as illegally limiting access.
I've never specifically heard of such a thing but it would be a violation and could be reported to the entities (DEP) in the newspaper articles who were discussing the various other individuals who try to claim sovereign land as their own.Quote:
Originally Posted by Gene Powell
Miranda
Can anyone explain how the ruling pertains to the submerged lands and the spring run to the Santa Fe from Hornsby spring, and whether the private land owner Camp Kulaqua can prohibit access to the spring from folks in canoes.
Dive Safe
Mark
Based on my understanding of the previous discussion, it would seem that if the spring can be reached without stepping on the shore, that they can't legally prohibit access by water.
Cinder4320 - do you agree?
Quote:
Originally Posted by EEL
Thanks. One example would be Perry Spring.Quote:
Originally Posted by cinder4320