Police Officer Preparation & Law Enforcement Resource - Archive

Is it normal practice for FWC to give you a $50 ticket for being in a state park (Tosohatchee Wildlife Management Area) after sunset/closing...and if so under what statute is this legal?

thanks!!

If you got a ticket for it the info may be on the ticket. Law Enforcement Officers do not get to make up our own laws, so if you got a ticket for something then it is legal.

The Florida state park website states the following. No person shall remain in any park after closing unless properly registered as an overnight visitor or in possession of a valid after hours permit from the Division of Recreation and Parks or the park manager. Opening and closing hours are posted at each park. Enforceable under Florida Administrative Code 62D-2. I'm not from there but my city has similar statutes. I just googled it though so who knows if that is correct.

TEXAS is correct. If hours for the park aren't specifically stated, it's generally open from dawn to dusk. If you aren't properly registered to stay after that time, whether as an overnight guest or just staying to a certain specific time, then you can be cited. And obviously you were! :biggrin5:

thanks for your responses guys - I googled and found that same information texas, but I didnt realize it meant you could be ticketed for it. I think its just a bit absurd and there's no signs stating such in the park or at the entrance. Our ticket has no information on it other than a summary of why we were given the ticket. I was going to try to fight it, but didn't want to show up in court with false information :)

There is no sign, with the park ours on it? Also, speed limit signs do not say that you might get a ticket for speeding do they?

There is a sign that says gate open dawn to sunset - it does not say that if you are already in the park that you need to leave. And you are correct about speed limit signs but it's common knowledge plus you take a driving test when given a license. I don't feel like its the same circumstance. Plus if you are caught speeding and have no record of such acts you will USUALLY get a warning before a full ticket. Just saying.

Plus if you are caught speeding and have no record of such acts you will USUALLY get a warning before a full ticket. Just saying.

Oh yeah? Where did you find that fun fact?

Plus if you are caught speeding and have no record of such acts you will USUALLY get a warning before a full ticket. Just saying.

I disagree. Also, ignorance is not a defense to breaking the law. So what are you going to tell the judge?

There is a sign that says gate open dawn to sunset - it does not say that if you are already in the park that you need to leave. And you are correct about speed limit signs but it's common knowledge plus you take a driving test when given a license. I don't feel like its the same circumstance. Plus if you are caught speeding and have no record of such acts you will USUALLY get a warning before a full ticket. Just saying.

1) You're not entitled to a warning. No one is entitled to a warning. If a warning is issued it's because the person who stopped you felt that a warning would in fact serve as enough to get you to change your behavior. Nothing says I HAVE to issue you or anyone else a warning simply because it's their first time being stopped. No record doesn't mean you don't speed, or whatever, it just means you haven't been caught yet. Honestly, it's because of logic like this that most people receive tickets from me instead of warnings. If you're excuse to get out of a ticket is because "I've never had one before", you will nearly always get one from me.

2) If the park says open dawn to sunset, then at sunset, the park closes and you need to stay out, or get out, depending on what your situation is. I would gather that's pretty common knowledge. When you go into a store near closing time, and "closing time" hits while you are there, you don't hang out indefinitely until you feel like leaving, you leave. Just like the park, the store posts it's closing times at the door, and doesn't specify "after 10pm you need to leave". It's "common knowledge" that you just leave. Flawed logic, and I would not rely upon that as a defense in court.

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Under the same analogy, I guess the big signs on the front of retail buildings indicating open/close hours don't really mean anything either.

As long as you make it through the doors before closing time, you can stay as long as you want... :biggrinjester: