Florida Statute 588.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 588
LEGAL FENCES AND LIVESTOCK AT LARGE

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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.

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 | Sort by: Relevance | Newest First

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Florida Power & Light Co. v. Morris, 944 So. 2d 407 (Fla. 4th DCA 2006).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 17277, 2006 WL 2956541

...in reasonable good condition the fence or enclosure around such land and shall maintain in legible condition any and all posted notices as required by §§ 588.09, 588.10, 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 land....

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Davidson v. Howard, 438 So. 2d 899 (Fla. 4th DCA 1983).

Cited 2 times | Published | Florida 4th District Court of Appeal

...in reasonable good condition the fence or enclosure around such land and shall maintain in legible condition any and all posted notices as required by §§ 588.09, 588.10, 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 land....

...en: (a) it is enclosed by means of a legal fence; (b) notices to the public are placed in a particular manner along the non-acqueous boundaries of the land; and (c) the fences, enclosures, and posted notices are maintained in a certain way. Sections 588.011(1)-(3), Florida Statutes, describe the legal fence *902 that satisfies requirement (a)....

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Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

...An individual may not run cattle at large over or upon a county road as long as it is one that is, or may be, maintained by the Department of Transportation. The memorandum submitted in connection with your request indicates that it is controlled by Ch. 335 and ss. 336.60, 588.011 (3)(b), 588.13 (4) and 704.02 , F.S....

...ng reserved to withdraw such permit upon the giving of at least 30 days' notice to the parties to whom the permit was originally granted. Research and study fail to reveal that the term "cattle gap" has been construed to be the equivalent of a gate. Section 588.011 (3)(b), F.S., describes a cattle gap as being a part of a legal fence if its construction is at least 6 feet in width and extends to each end of the open construction....

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Beaver v. Howerton, 223 So. 2d 62 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5623

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

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Welch v. Baker, 184 So. 2d 188 (Fla. Dist. Ct. App. 1966).

Published | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5639

...in reasonable good condition the fence or enclosure around such land and shall maintain in legible condition any and all posted notices as required by §§ 588.09, 588.10, 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 land.” Section 588.15, quoted above, must be read i...

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Hanson v. Scharber, 749 So. 2d 563 (Fla. 2d DCA 2000).

Published | Florida 2nd District Court of Appeal | 2000 WL 35842

...ction 588.15, Florida Statutes (1995). 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)....

...relessly, or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof. Sections 588.01 and 588.011 define the requirements of "general" and "legal" fences. *564 The Scharbers' fence is a "legal fence" as defined in section 588.011....

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Fisel v. Wynns, 650 So. 2d 46 (Fla. 5th DCA 1995).

Published | Florida 5th District Court of Appeal | 1994 WL 559632

...And while the presence of a cow in the road indicates the probable negligent or willful act of someone, such act may not be attributed to the rancher without evidence. It is not disputed that the Wynns had a fence that met the statutory definitions [section 588.011(1) and (2)] and had a gate which complied with section 588.011(3)(a)....

...There is simply no reason in this case, under the current status of the law, to infer that the injuries were caused by the negligence of a trespasser which can be imputed to the Wynns. [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....