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

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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

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: 11

Florida Power & Light Co. v. Morris

Court: District Court of Appeal of Florida | Date Filed: 2006-10-18

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

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

Florida Board of Education v. Andrews

Court: District Court of Appeal of Florida | Date Filed: 2005-06-17

Citation: 903 So. 2d 1048, 2005 Fla. App. LEXIS 9361, 2005 WL 1412198

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

Hanson v. Scharber

Court: District Court of Appeal of Florida | Date Filed: 2000-01-19

Citation: 749 So. 2d 563, 2000 WL 35842

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1995-10-06

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

Fisel v. Wynns

Court: District Court of Appeal of Florida | Date Filed: 1995-02-17

Citation: 650 So. 2d 46, 1994 WL 559632

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

Zuppardo v. O'Hare

Court: District Court of Appeal of Florida | Date Filed: 1986-03-12

Citation: 487 So. 2d 39, 11 Fla. L. Weekly 660, 1986 Fla. App. LEXIS 6865

Snippet: “violated the requirements of Florida Statute 588.01, 588.11 and 588.-14....” The facts either proffered or

Davidson v. Howard

Court: District Court of Appeal of Florida | Date Filed: 1983-09-21

Citation: 438 So. 2d 899

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-11-26

Snippet: where the easement intersects a fence. See also s. 588.011, F. S., which, in defining a `legal fence,' provides

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-05-28

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

Beaver v. Howerton

Court: District Court of Appeal of Florida | Date Filed: 1969-05-16

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

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: District Court of Appeal of Florida | Date Filed: 1966-03-22

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

Snippet: enclosure of his said cattle, in violation of Sections 588.11 and 588.15, Florida Statutes, F.S.A. To this complaint