Florida Statutes
Fla. Stat. § 588.011 (2025)
Legal fence; requirements.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1966–2006 · leading case: Florida Power & Light Co. v. Morris, 944 So. 2d 407 (Fla. 4th DCA 2006).
Florida Power & Light Co. v. Morris, 944 So. 2d 407 (Fla. 4th DCA 2006). “10, but a substantial or reasonably effective compliance with the provisions of §§ 588.011, 588.09, 588.10, disregarding minor or inconsequential differences, in the size, shape, or condition thereof, shall be sufficient for the purpose of evidencing the legal enclosure of said…”
Hanson v. Scharber, 749 So. 2d 563 (Fla. 2d DCA 2000). “After limited discovery, the Scharbers moved for summary judgment, asserting there was no evidence of negligence on their part and that the bull had been confined to its pasture by a "legal fence" as defined by section 588.011, Florida Statutes (1995).”
Davidson v. Howard, 438 So. 2d 899 (Fla. 4th DCA 1983). “10, but a substantial or reasonably effective compliance with the provisions of §§ 588.011, 588.09, 588.10, disregarding minor or inconsequential differences in the size, shape or condition thereof, shall be sufficient for the purpose of evidencing the legal enclosure of said…”
Welch v. Baker, 184 So. 2d 188 (Fla. 1st DCA 1966). “10, but a substantial or reasonably effective compliance with the provisions of §§ 588.011, 588.09, 588.10, disregarding minor or inconsequential differences in the size, shape or condition thereof, shall be sufficient for the purpose of evidencing the legal enclosure of said…”
Fisel v. Wynns, 650 So. 2d 46 (Fla. 5th DCA 1995). “[1] The fact that the gate met the very minimum requirements of a "legal fence" as set forth in section 588.011, Florida Statutes, is not dispositive of the issue of negligence.”
— 588.011(1) — 1 case
Fisel v. Wynns, 650 So. 2d 46 (Fla. 5th DCA 1995). “[1] The fact that the gate met the very minimum requirements of a "legal fence" as set forth in section 588.011, Florida Statutes, is not dispositive of the issue of negligence.”
— 588.011(3)(a) — 1 case
Fisel v. Wynns, 650 So. 2d 46 (Fla. 5th DCA 1995). “[1] The fact that the gate met the very minimum requirements of a "legal fence" as set forth in section 588.011, Florida Statutes, is not dispositive of the issue of negligence.”
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