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  1. #21
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    Quote Originally Posted by cavediver256 View Post
    Lets not even talk about the battles you would face if you got caught.
    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.

    Whoever said money can't buy love never bought a puppy.

  2. #22
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    Quote Originally Posted by Slüdge View Post
    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.
    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.

    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


  3. #23
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    Quote Originally Posted by cinder4320 View Post
    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.
    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.

    Whoever said money can't buy love never bought a puppy.

  4. #24
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    Quote Originally Posted by Slüdge View Post
    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.

    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


  5. #25

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    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.


  6. #26
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    Quote Originally Posted by Gene Powell View Post
    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.

    Miranda


  7. #27
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    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

    Last edited by EEL; 07-14-2009 at 02:44 PM. Reason: Spellin

  8. #28
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    Default Hornsby

    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 View Post
    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


  9. #29
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    Joe


    Quote Originally Posted by Richard Pyle
    "After my first 10 hours on a rebreather, I was a real expert. Another 40 hours of dive time later, I considered myself a novice. When I had completed about 100 hours of rebreather diving, I realized I was only just a beginner."

  10. #30

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    Quote Originally Posted by cinder4320 View Post
    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.

    Miranda
    Thanks. One example would be Perry Spring.



 

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