Florida Statutes
Fla. Stat. § 588.09 (2025)
Legally enclosed land; fenced and posted.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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588.09 Legally enclosed land; fenced and posted.—
(1) Land shall be legally enclosed land, or posted land, when enclosed by a legal fence, and when there shall be placed along the boundary of said land in the manner herein provided posted notices to the public; provided that it shall not be necessary to erect any fence along any portion of the boundaries of the land formed by any ocean, gulf, bay, river, creek, or lake.
(2) The fences, enclosures, and the posted notices, when erected, placed, and maintained as herein required shall be notice to the public that the land enclosed thereby is private property upon which unauthorized entry for any purpose is prohibited and shall constitute a warning to unauthorized persons to remain off of or to depart from said land.
History.—ss. 4, 6, ch. 25357, 1949.
Notes of Decisions
Cited in 3
cases, 1966–2006 · leading case: Davidson v. Howard, 438 So. 2d 899 (Fla. 4th DCA 1983).
Davidson v. Howard, 438 So. 2d 899 (Fla. 4th DCA 1983). “Under Section 588.09, Florida Statutes, land becomes legally enclosed (or posted, the terms being synonymous) land when: (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…”
Florida Power & Light Co. v. Morris, 944 So. 2d 407 (Fla. 4th DCA 2006). “11, Florida Statutes (Chapter 25357, § 7, Laws of Florida (1949)), which reads as follows: The owner of legally enclosed land shall maintain in reasonable good condition the fence or enclosure around such land and shall maintain in legible condition any and all posted notices as…”
Welch v. Baker, 184 So. 2d 188 (Fla. 1st DCA 1966). “11) provides: “The owner of legally enclosed land shall maintain 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…”
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