Florida Has Laws Regarding Golf Carts and ATV's

Access the attached file regarding Florida Law as it pertains to golf carts and ATV's by clicking on the link in the right hand column.  Scroll down until you see the golf cart and enjoy the read.

There are specific laws in Florida for operating golf carts and ATV's.

Damage to Fencing at Amusement Park in LOE

Hello everyone,

This past weekend one of our residents shared with a LOE Block Captain that the fence in our community park had been damaged.  I contacted the Block Captain to ask if anybody had contacted the HOA or Orange County Sheriff’s Office (OCSO) to let them know about the damage and to his knowledge neither had been done. 

I went to the park on my lunch hour to take pictures and then contacted the HOA via email sharing the pictures.  I asked the HOA if they were going to contact OCSO and they responded back saying they would investigate and get back to me.  I explained to the HOA that we needed this documented with law enforcement so in the event we found out who had done the damage they would be held responsible for the cost of the repairs, not the homeowners in the form of increased annual HOA dues.  

The very next day the HOA sent me an email saying they would fix the fence, but we needed to contact the authorities.  I called the OCSO non-emergency ph# and they sent out a deputy that said it looked like a vehicle had done the damage and he would need to contact the Florida Highway Patrol (FHP) because it involved a vehicle.  FHP called me a short time later and said they wouldn’t be coming out to file a report because nobody saw the incident take place, the incident wasn’t reported when it happened and we had waited a few days to report the damage once the damage had been discovered.  I explained why we wanted this on record with law enforcement and was told to fill out a Blue Form which is a Self-Report.  I asked where to get the form and was told the form could be obtained at any law enforcement office or FHP website.  When I asked the OCSO non-emergency personnel what do I do with the form once it’s filled out, she didn’t know.  

As of yet, I’ve not found the form online nor was the City of Orlando Lake Nona Police office open when I stopped by there today.  The process seems a bit confusing, so I’ve sent an email and left a voice message with Sgt. Deeb to assist us in getting this damaged logged. 

I just wanted you to know the fence will be fixed and I’m working to get the incident logged with law enforcement.

Pat

Pat Jones-Petrick

Managing Director

FLORIDA STATUTES REGARDING FIREARMS

Below are some of the Florida Statutes regarding firearm laws that may or may not pertain to every situation. Initially, we must realize that the laws dealing with target shooting with a firearm are very limited. Basically, anyone who is not a convicted felon can fire a firearm on property they own or on property that they have permission from its owner to use. There are absolutely no restrictions on the size of the property. The only restrictions are that: (from F.S.790.15)

1. It can’t be public property. (except during hunting season in authorized areas with a permit, or persons contracted by the county to reduce specific animal populations)
2. It can’t be on the right-of-way of any paved public road, highway, or street.
3. Your projectile can’t go over the right-of-way of any paved public road, highway, or street or over any OCCUPIED premises.
4. The shooting can’t be done recklessly or negligently outdoors on any property that is used primarily as the site of a dwelling or zoned exclusively for residential use. That means that if the shooting is done in a safe manor it can be done on property that is primarily used as the site of a dwelling or zoned exclusively for residential use. (If you own the land or have permission to use the land)

The most common, “SHOTS FIRED” call we respond to is a call where a caller heard gun shots but can not tell you the address the shots came from or who fired the gun and there was no destruction to property. In this case and in most cases the caller has to answer 3 questions.

1. Do they know where the shots are coming from, or who fired the gun?

2. Did anyone witness the shooter firing the gun recklessly or negligently?

3. Was anything hit by the projectile?

Without an address or the name of the shooter we can not charge anyone with a crime. Also without an address or location of the shooter and without a point of impact we can not determine the projectiles direction of flight to conclude if the shooting was done recklessly or negligently. Also in the absence of property damage we would have no evidence to prove the shooting was done recklessly or negligently. Without answers to the above three questions all you have left is noise.

If we have answers to any of the above three questions then we may be able to start an investigation. If the investigation concludes the shooting was done recklessly or negligently then we can file on them because F.S.790.15 is not one of the misdemeanor exceptions.

The only other Florida Statute that may pertain to this situation would be 877.03 Breach of the peace; disorderly conduct.

One other note, Florida statute 790.33 does not allow any county, city, town, or municipal governments to enact any laws pertaining to firearms. All changes in laws dealing with firearms must come from the state government.

Florida Statutes that may be helpful dealing with, “SHOTS FIRED” calls.

• 790.15 Discharging firearm in public or on residential property

• 790.33 Field of regulation of firearms and ammunition preempted

• 790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited

• 790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances

• 790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited

• 790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties

• 877.03 Breach of the peace; disorderly conduct

 790.33 Field of regulation of firearms and ammunition preempted.—

 (1)PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.

 (2)POLICY AND INTENT.—

 (a)It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.

 (b)It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.

 (3)PROHIBITIONS; PENALTIES.—

 (a)Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.

 (b)If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.

 (c)If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.

 (d)Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.

 (e)A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.

 (f)A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:

 1.Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and

 2.The actual damages incurred, but not more than $100,000.

Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed.

 (4)EXCEPTIONS.—This section does not prohibit:

 (a)Zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited;

 (b)A duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties;

 (c)Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee’s official duties;

 

  

 790.15 Discharging firearm in public or on residential property.—

 (1)Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree.  This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.

 (2)Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree.

 (3)Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.—

 (1)As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

 (2)For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.

 (3)It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

 (4)Any person who violates subsection (3) commits a misdemeanor of the second degree..

 (5)This section does not apply to persons exercising lawful self-defense or defense of one’s property.

790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.—

 (1)The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent.

 (2)Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree..

 (3)A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:

 (a)The minor is engaged in a lawful hunting activity and is:

 1.At least 16 years of age; or

    2.Under 16 years of age and supervised by an adult.

 (b)The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:

 1.At least 16 years of age; or

 2.Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or guardian.

 (c)The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b).

 (4)(a)Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree.

Hello everyone,

Received some information that 4 teens were arrested in a red pickup truck earlier this week in Isle of Pines for smashing 4 mailboxes with baseball bats. 

We also had an incident Easter weekend here in Live Oak Estates on Treetop Ct. where the planter of a brick mailbox was separated from its base, much like there had been an impact of some type.  The homeowner was out of town that week for the Easter holiday and an un-named gentleman evidently re-attached the planter to the mailbox.  

When a neighbor saw a man at her house he went over to ask what he was doing.  The man said “a kid on a golf cart hit the mailbox, he was a masonry visiting family and was fixing the mailbox”.  We still don’t know exactly what happened, but the mailbox was fixed. 

Has anyone had any issues with their mailboxes or are you aware of your neighbors having issues with damaged mailboxes?

Pat Jones-Petrick

Truck & Jet Ski stolen

On Tuesday April 22 between the hours of 12am and 6am a neighbor on Nell by LMJ rd had someone go through his garage steeling tools and other items. They found his truck keys which were hanging up in the garage, but not in view, and they stole his Silver Toyota Tacoma Limited Edition Truck and also his Red 2005 Kawasaki Jet Ski.

The resident said that it appeared that they tried to steal his work truck as well along with another large item that was too heavy to get into the truck. A neighbor said they thought they saw his truck around 6:30 am heading north on the 417 with the Jet Ski (but didn't realize it was stolen.)

 I am guessing that there may have been some other items stolen from other neighbors in the area and loaded into the truck?? If there were additional incidents recently or if you have other information about this incident, please call the police (non-emergency at 407-836-HELP) to report them first. Then please reply to this email so our neighborhood can be notified as well.

 Thanks for keeping your eyes open, your car doors locked, and valuable items out of sight! Suzanne Arnold LMJ Neighborhood Watch Coordinator LMJ Neighborhood Watch

Please Remember -... Neighborhood Watch helps to inform other residents to be aware, and hopefully other neighbors may have information that can help solve the crime. Neighborhood Watch does not take action or report the crimes to the authority. In order to send out information on an incident, the victim must first call the police and then contact their block captain or the coordinator so that rumors or incorrect information is not spread.

Hello everyone,

A few of you have asked about the fire truck that came down Treetop Ct. last night, so let me share what I know. It appears the neighbors at 12200 Treetop Ct were burning yard debris in a large bonfire they started in the early evening and the flames were shooting pretty high around 8:00 PM – 8:30 PM and someone called the fire department. Don’t know who called the fire department, but whoever called we can all thank them. It was a really big fire and a bit dangerous as nobody was out watching the fire, but appeared to come out of the house once the fire department arrived.

It appears this fire was intended to burn all night with nobody attending it, this is not a good thing for our seasonally dry wooded lots.

Just an FYI: It’s against the law to burn a fire of any size unless you have permit and these are hard to come by per the Fire Department. Burning a fire can result in a fine of $1,000.

 Last year we bought a small fire pit and checked with the Fire Department to see what was considered a legal fire for our new fire pit. Per the Fire Department, the only fire you can have is a small contained fire in the residential fire pits (much like they sell at home furnishing stores). Anything else is considered illegal and taken very seriously by the Fire Department.

Pat Pat Jones-Petrick- Live Oak Estates

ROADWORK on Lake Mary Jane Rd - The County said it was just time to mill & pave the road. Feb 17 - March 2nd. Please be careful driving when roadwork is going on and expect some delays in traffic.

PEDESTRIAN HIT BY A CAR IN ISLE OF PINES Last week on Sunday Feb 9th, two ladies were out walking in bright pink shirts along Lake Mary Jane Rd near Roxanne. There was a 17 yr old girl driving from another community who was at the very end of LMJ Rd by Frezno looking for her friends house. The girl was on her phone/GPS and didn't even see the ladies walking when she hit one of them. She was driving about 20 mph when she hit one of them and luckily the person who got hit was not injured too badly. 

PLEASE DO NOT USE YOUR PHONES WHILE DRIVING!

The very next morning someone reported seeing a black jeep pass a school bus that was stopped with the school bus lights flashing and the stop sign out. I also saw a young man on a motorcycle drive right past a school bus that was stopped picking up children on the corner of LMJ Rd and Capri.

ALL TRAFFIC IN BOTH DIRECTIONS MUST STOP WHEN A SCHOOL BUS IS STOPPED!