Reporting Trespass Violations

WHAT TO DO WHEN YOU SEE A NONRESIDENT IN, ON, OR AROUND THE LAKE, OR ON ANY LAKE ST. CHARLES COMMON AREA:

LOT OWNERS HAVE THE RIGHT TO ISSUE A TRESPASS WARNING AND TO MAKE A COMPLAINT FOR TRESPASS AGAINST NONRESIDENT NET FISHERMEN IN THE LAKE, AND AGAINST ANY TRESPASS VIOLATION ON LAKE ST. CHARLES COMMON AREAS.

In previous attempts to file trespass violations against net fishermen on our lake, the Deputy Sheriffs told us that they would not issue the fishermen a trespass warning because we did not own lake or common areas and therefore we had no legal standing to file a trespass charge.   Their recommendation was that we find an "official" representative of Lake St. Charles that would be willing to file the trespass charges.  But the well-intentioned Deputies were incorrect and should have acted on the complaint of a lot Owner.

The Deputies did not know about the LAKE ST. CHARLES COMMUNITY DEVELOPMENT DISTRICT (the C.D.D.) or the rights of the Owners under the Master Declaration of Covenants, Conditions, Restrictions and Easements for Lake St. Charles (the Declaration).  These documents and the state law governing C.D.D.s gives Owners the right to issue trespass warnings to nonresident net fishermen or fisherwomen. 

The next time you see someone trespassing on the Lake or in the Park or other Common Areas, you can call the Sheriff's Office (247-8000). 

When the Deputy arrives tell the
responding Deputy the following:

• You are a lot Owner in LSC and that you reside within the Lake St. Charles Community Development (the C.D.D.).

• By resolution 98-01, the C.D.D. prohibits nonresidents from using any of the property within the C.D.D. unless each nonresident family 1) signs a Fee Agreement, and 2) pays a monthly fee of approximately $65.00 per month or $791.00 per year.  The Fee Agreement requires the nonresident to abide by the rules and regulations of the C.D.D. and the Homeowners' Association.

• The C.D.D. has not permitted any nonresident to net fish in the Lake.

• State law section 190.041, Florida Statutes, [Go to Index of Florida Statutes] governing C.D.D.s like the LSC C.D.D. states: 

  • "The board [of the C.D.D.] or any aggrieved person may have recourse to such remedies in law and at equity as may be necessary to ensure compliance with the provisions of this act, including injunctive relief to enjoin or restrain any person violating the provisions of this act or any bylaws, resolutions, regulations, rules, codes, or orders adopted under this act. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used, in violation of this act or of any code, order, resolution, or other regulation made under authority conferred by this act or under law, the board or any citizen residing in the district may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or avoid such violation; to prevent the occupancy of such building, structure, land, or water; and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water.

• The C.D.D.'s Master Declaration of Covenants, Conditions, Restrictions and Easements for Lake St. Charles (the Declaration)  recorded in the public records of Hillsborough County Official Record Book 237 Page 992 states that each Lot Owner "agrees that it shall be the sole and exclusive obligation of Owner to determine and institute for themselves the appropriate security and other precautions to protect from and against trespass, criminal acts and any other dangers to Owner's safety and security of their property."

• The Declaration of Covenants states that "The use of the Lake Area and Lake shall be subject to the Homeowners' Association Rules.  There shall be no use of the Lake Area or Lake except natural recreational uses which do not injure or scar the Lake Area or Lake, increase the cost of maintenance thereof, or cause unreasonable embarrassment, disturbance or annoyance to Owners in their enjoyment of their Private Areas or in their enjoyment of the Lake Area."

• The Declaration of Covenants states that any Lot Owner has the right to proceed at law or in equity for the recovery of damages for violation of the Declaration of Covenants.

• Therefore, each Lot Owner has sufficient legal interest and property rights in the Lake to issue a warning to nonresident net fishermen and to file a trespass complaint against a nonresident who is net fishing in the Lake to prevent use of the Lake contrary to the resolution 98-01 adopted by the C.D.D., to avoid disturbance to the Lot Owner's enjoyment of the Lake, to avoid loss of fish in the Lake, to avoid property damage, and as a security measure for the Lot Owner's property.

• You are an authorized person to request a nonresident to leave.   The trespass statute section 810.09, Florida Statutes, [Go to Index of Florida Statutes] states in part:

  • 810.09  Trespass on property other than structure or conveyance. [Go to Index of Florida Statutes]--
    

  • (1)(a)  A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
    

    • 1.  As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011 [Go to Index of Florida Statutes]; or
      

    • 2.  If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
      commits the offense of trespass on property other than a structure or conveyance.

  • (b)  As used in this section, the term "unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

  • (2)(a)  Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. [Go to Index of Florida Statutes]
    

  • (b)  If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. [Go to Index of Florida Statutes]

• When the Deputy Sheriff acknowledges that you are an "authorized person" to order the nonresident to leave Lake St. Charles property, ask the Deputy to tell the nonresident to leave.