Florida Statute 588.11 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 588
LEGAL FENCES AND LIVESTOCK AT LARGE

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F.S. 588.011

588.011 Legal fence; requirements.—

(1) Any fence or enclosure at least 3 feet in height made of barbed or other soft wire consisting of not less than three strands of wire stretched securely on posts, trees, or other supports, standing not more than 20 feet apart; or when using battens, up to 60 feet apart for nonelectric and 150 feet apart for electric, if constructed with high tensile wire in accordance with the manufacturer’s specifications, shall be considered as a legal fence.

(2) Any fence or enclosure made of any other material which meets substantially the minimum requirements or specifications mentioned in subsection (1) shall be considered as a legal fence.

(3) Legal fences may include gateways or openings therein provided:

(a) That any such gateways shall be equipped with gates which are so constructed as to meet the minimum requirements or specifications of a legal fence; or

(b) That any such opening shall be equipped with a cattle or livestock guard at least 6 feet in width extending to each end of the opening.

(4) The requirements of s. 588.01, shall constitute and be a legal fence to prevent the intrusion of swine where the running at large of swine is not prohibited by law.

History.—ss. 1, 2, 3, 8, ch. 25357, 1949; s. 14, ch. 99-391.

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Amendments to 588.011

Annotations, Discussions, Cases:

Cases Citing Statute 588.011

Total Results: 7

Florida Power & Light Co. v. Morris

944 So. 2d 407, 2006 Fla. App. LEXIS 17277, 2006 WL 2956541

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1649942

Cited 5 times | Published

plaintiffs have proceeded upon the theory that Section 588.11, Florida Statutes (Chapter 25357, § 7, Laws

Davidson v. Howard

438 So. 2d 899

District Court of Appeal of Florida | Filed: Sep 21, 1983 | Docket: 1445917

Cited 2 times | Published

plaintiffs have proceeded upon the theory that Section 588.11, Florida Statutes (Chapter 25357, § 7, Laws

Hanson v. Scharber

749 So. 2d 563, 2000 WL 35842

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 1288987

Published

its pasture by a "legal fence" as defined by section 588.011, Florida Statutes (1995). Prior to 1949, Florida

Fisel v. Wynns

650 So. 2d 46, 1994 WL 559632

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 1703125

Published

definitions [section 588.011(1) and (2)] and had a gate which complied with section 588.011(3)(a). The

Ago

Florida Attorney General Reports | Filed: May 28, 1975 | Docket: 3256289

Published

construed to be the equivalent of a gate. Section 588.011(3)(b), F.S., describes a cattle gap as being

Beaver v. Howerton

223 So. 2d 62, 1969 Fla. App. LEXIS 5623

District Court of Appeal of Florida | Filed: May 16, 1969 | Docket: 64510026

Published

know in what manner Howerton had violated F.S. § 588.11, F.S.A. or had violated “the common law”. Howerton

Welch v. Baker

184 So. 2d 188, 1966 Fla. App. LEXIS 5639

District Court of Appeal of Florida | Filed: Mar 22, 1966 | Docket: 64496039

Published

plaintiffs cite and rely upon in their complaint (Section 588.11) provides: “The owner of legally enclosed land