Florida Statute 588.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 588
LEGAL FENCES AND LIVESTOCK AT LARGE

View Entire Chapter

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.

F.S. 588.011 on Google Scholar

F.S. 588.011 on Casetext

Amendments to 588.011

Arrestable Offenses / Crimes under Fla. Stat. 588.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 588.011.

Annotations, Discussions, Cases:

Cases Citing Statute 588.011

Total Results: 12

Florida Power & Light Co. v. Morris

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-18T00:53:00-07:00

Citation: 944 So. 2d 407

Snippet: plaintiffs have proceeded upon the theory that Section 588.11, Florida Statutes (Chapter 25357, § 7, Laws of …effective compliance with the provisions of §§ 588.011, 588.09, 588.10, disregarding minor or inconsequential…hold that is an improper construction of Section 588.11 and is a misunderstanding of the Warren Act. The…simple tether, it matters not. * * * All Section 588.11 does (or rather did at the time it was passed)

Florida Board of Education v. Andrews

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-17T00:00:00-07:00

Citation: 903 So. 2d 1048

Snippet: fencing requirements in sections 588.01 through 588.11 “have nothing to do with the remaining sections

Hanson v. Scharber

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-18T23:53:00-08:00

Citation: 749 So. 2d 563

Snippet: "legal fence" as defined by section 588.011, Florida Statutes (1995). Prior to 1949, Florida… person by reason thereof. Sections 588.01 and 588.011 define the requirements of "general" … "legal fence" as defined in section 588.011. It is their position that the enclosure of their

Ago

Court: Fla. Att'y Gen. | Date Filed: 1995-10-06T00:53:00-07:00

Snippet: municipality having jurisdiction." 4 See, s. 588.011(3), Fla. Stat. (1993). 5 Cf., Alsop v. Pierce,

Fisel v. Wynns

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-16T23:53:00-08:00

Citation: 650 So. 2d 46

Snippet: definitions [section 588.011(1) and (2)] and had a gate which complied with section 588.011(3)(a). The legislature…quot;legal fence" as set forth in section 588.011, Florida Statutes, is not dispositive of the issue

R.L.B. v. State

Court: Fla. | Date Filed: 1986-04-17T00:00:00-08:00

Citation: 486 So. 2d 588, 11 Fla. L. Weekly 174, 1986 Fla. LEXIS 2008

Snippet: McDonald, Overton, Shaw 17 April 1986 486 So. 2d 588, 11 Fla. L. Weekly 174, 1986 Fla. LEXIS 2008 James

Zuppardo v. O'Hare

Court: Fla. Dist. Ct. App. | Date Filed: 1986-03-12T00:00:00-08:00

Citation: 487 So. 2d 39

Snippet: violated the requirements of Florida Statute 588.01, 588.11 and 588.-14....” The facts either proffered or …Fla. 4th DCA 1983) that sections 588.-01 through 588.11, pertaining to “legal fence” and “legally enclosed…Laws of Florida (1949). Sections 588.01 through 588.11 were enacted to protect landowners against trespassers

Davidson v. Howard

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-21T00:53:00-07:00

Citation: 438 So. 2d 899

Snippet: plaintiffs have proceeded upon the theory that Section 588.11, Florida Statutes (Chapter 25357, § 7, Laws of …effective compliance with the provisions of §§ 588.011, 588.09, 588.10, disregarding minor or inconsequential…hold that is an improper construction of Section 588.11 and a misunderstanding of the Warren Act. The latter…notices are maintained in a certain way. Sections 588.011(1)-(3), Florida Statutes, describe the legal fence…posting thereof that satisfy requirement (b). Section 588.11, Florida Statutes, does two things. First, it describes

Ago

Court: Fla. Att'y Gen. | Date Filed: 1979-11-25T23:53:00-08:00

Snippet: where the easement intersects a fence. See also s. 588.011, F. S., which, in defining a `legal fence,'…prescribes different requirements for each, and s.588.011(3)(b), which provides that `any such opening shall…, including cattle guards or `gaps,' see s.588.011(3), F. S., to keep livestock off the public roads

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-05-28T00:53:00-07:00

Snippet: that it is controlled by Ch. 335 and ss. 336.60, 588.011(3)(b),588.13(4) and 704.02, F.S. The answer to …construed to be the equivalent of a gate. Section 588.011(3)(b), F.S., describes a cattle gap as being a

Beaver v. Howerton

Court: Fla. Dist. Ct. App. | Date Filed: 1969-05-16T00:00:00-07:00

Citation: 223 So. 2d 62

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

Welch v. Baker

Court: Fla. Dist. Ct. App. | Date Filed: 1966-03-22T00:00:00-08:00

Citation: 184 So. 2d 188

Snippet: enclosure of his said cattle, in violation of Sections 588.11 and 588.15, Florida Statutes, F.S.A. To this complaint…contrary to the provisions of Sections 588.15 and 588.11 of the Florida Statutes [F.S.A.].” The first statutory… cite and rely upon in their complaint (Section 588.11) provides: “The owner of legally enclosed land …effective compliance with the provisions of §§ 588.011, 588.09, 588.10, disregarding minor or inconsequential