588.01

Requirements of general fence.

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588.01 Requirements of general fence.—All fences or enclosures of land shall be substantially constructed, whether with rails, logs, post and railing, iron, steel, or other material, and not less than 5 feet high; to the extent of 2 feet from the ground there shall not be a space between the material used in the construction of any fence greater than 4 inches; provided, that when any fence or enclosure shall be made with a trench or a ditch, the same shall be 4 feet wide; and in that case the fence shall be 5 feet high from the bottom of the ditch to the top of the fence.

History.—RS 875; s. 1, ch. 5038, 1901; GS 1233; RGS 2364; CGL 3773.

Notes of Decisions

Cited in 2 cases, 1970–2005 · leading case: Rockow v. Hendry

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Rockow v. Hendry (1970) fladistctapp · cites it 2× “, now repealed, and F.S. §§ 588.01, 588.07 and 588.08 F.S.A.) and other statutes referred to in Savannah, supra.”

Florida Board of Education v. Andrews (2005) fladistctapp · cites it 2× “On the issue of negligence, the trial court committed reversible error by instructing the jury that the defendant’s alleged failure to comply with section 588.01, Florida Statutes, could be considered as evidence of the defendant’s negligence under section 588.”

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