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  1. #1
    Join Date
    May 2019
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    4

    Default Damage from an Unlawful Flyer Left on a Vehicle

    My question involves personal property located in the State of: Florida, Orlando - Orange County

    Business put a flyer on my windshield. 90 degrees here, so it melted onto it and now I have to scrape it off. I tried to do some research but having some trouble finding specifics...

    My car was parked in my apartment complex parking lot. It is a community in which the gates are closed between 7pm and 7am. Is this considered private property?

    I only found a Florida statute concerning public lodging on this matter. [http://www.leg.state.fl.us/statutes/.../0509.144.html] I tried calling the non emergency sherriff line to inquire and I was just told that an officer would speak with me. The officer told me he can't do anything because this is not a crime. He said my vehicle is only private property if it is in a driveway/garage? And still not a crime even if my apartment has a "no soliciting" sign.

    He told me it was a civil matter and that an e report was offered to me (neither of which were told to me by the dispatch officer lol so I had to explain that to him since he seemed pretty annoyed being called out for that.. his reply after trying to tell ME what was or wasnt told to me by dispatch was "oh well they're just civilians so they wouldn't know").. Anyways, I just wanted to confirm on my own because the cop made me feel as if my complaint was just annoying. I asked him if I should fill out the e report if I wanted to pursue the civil matter and have a report on record. He told me there was no point in filling out an e report as it would just be thrown out as there was no crime, thus no reason to pursue it.

    I told him it was spending my time and money to clean this up on my car to buy WD40 and his response was "Not really. Just use soap and water." I'm upset and will be calling the business themselves but I wish there was more I could do.

    Please let me know if I should be posting this in a different section.

  2. #2

    Default Re: Florida: Vehicle Private Property Apartment Complex Parking Lot and Business Flye

    What was the flier made of?

  3. #3
    Join Date
    May 2019
    Posts
    4

    Default Re: Florida: Vehicle Private Property Apartment Complex Parking Lot and Business Flye

    Quote Quoting just blue
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    What was the flier made of?
    Glossy cardstock? It melted in this heat and turned into like one of those towing stickers and I only got the top half of it off. The other half is still attached to my car.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,438

    Default Re: Florida: Vehicle Private Property Apartment Complex Parking Lot and Business Flye

    Quote Quoting sharry0730
    View Post
    Glossy cardstock? It melted in this heat and turned into like one of those towing stickers and I only got the top half of it off. The other half is still attached to my car.
    Glossy cardstock doesn’t melt. Cardstock is paper

    no coating used on cardstock is going to melt is only 90 set temps. If it did, it would melt in your hand.

  5. #5
    Join Date
    May 2019
    Posts
    4

    Default Re: Florida: Vehicle Private Property Apartment Complex Parking Lot and Business Flye

    Quote Quoting jk
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    Glossy cardstock doesn’t melt. Cardstock is paper

    no coating used on cardstock is going to melt is only 90 set temps. If it did, it would melt in your hand.
    https://scontent.ftpa1-1.fna.fbcdn.n...70126080_n.jpg

    https://scontent.ftpa1-2.fna.fbcdn.n...30492928_n.jpg

    If not melt, it did something to cause the material to stick to the car despite not being a sticker... similar to how your wiper blades will melt and stick too. The polymers in the gloss coating of cardstock such as resin can mold in 90 degrees. A lot of the materials found in the gloss coating have similar melting points as your wiper blades. Also not sure what the effects between reflective windshield and gloss have with each other.

    Regardless, it's illegal to solicit on a car in private property depending on the state, but I'm unsure of the specifics of private property in Florida. Not sure if anyone here is more familiar with the statutes or any loopholes.

  6. #6
    Join Date
    Mar 2013
    Posts
    16,792

    Default Re: Florida: Vehicle Private Property Apartment Complex Parking Lot and Business Flye

    The reality is that nobody is going to be prosecuted and this isn't going to cost you enough money to be worth suing anybody over.

    So come down off your high dudgeon and buy yourself a heat gun or borrow somebody's hair dryer and use a scraper and it will come off with a little effort.

    Then get over it.

  7. #7
    Join Date
    May 2019
    Posts
    4

    Default Re: Florida: Vehicle Private Property Apartment Complex Parking Lot and Business Flye

    Quote Quoting adjusterjack
    View Post
    The reality is that nobody is going to be prosecuted and this isn't going to cost you enough money to be worth suing anybody over.

    So come down off your high dudgeon and buy yourself a heat gun or borrow somebody's hair dryer and use a scraper and it will come off with a little effort.

    Then get over it.
    Well then why is it illegal in places then?
    Also, no need to sound so condescending. I'm allowed to get pissed at bullshit. I'm allowed to ponder my rights. I came here to learn about the statutes, and rightfully earn a business a fine, not sue somebody. Telling me to come down my high "dudgeon?" What kind of community is this? Apparently not a helpful one.

  8. #8
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,844

    Default Re: Florida: Vehicle Private Property Apartment Complex Parking Lot and Business Flye

    Quote Quoting sharry0730
    View Post
    I tried calling the non emergency sherriff line to inquire and I was just told that an officer would speak with me. The officer told me he can't do anything because this is not a crime.... He told me it was a civil matter...
    Then you can either address the matter to his supervisor and hope for a different result, or accept that the police are not going to prioritize this matter even if it arguably falls under the statute that you mention.
    Quote Quoting sharry0730
    I asked him if I should fill out the e report if I wanted to pursue the civil matter and have a report on record. He told me there was no point in filling out an e report as it would just be thrown out as there was no crime, thus no reason to pursue it.
    A police report won't help you in a civil lawsuit.

    You can consider suing the offending company in small claims court, but it does not seem likely that the damages you might recover would be worth that sort of investment of time and energy.

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