588.11

Owner to maintain fences and notices.

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588.11 Owner to maintain fences and notices.—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 ss. 588.09, 588.10, but a substantial or reasonably effective compliance with the provisions of ss. 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.

History.—s. 7, ch. 25357, 1949.

Notes of Decisions

Cited in 4 cases, 1966–2006 · leading case: Davidson v. Howard

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Davidson v. Howard (1983) fladistctapp · cites it 8× “Confusion has prevailed in this case because the plaintiffs have proceeded upon the theory that Section 588.11, 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…”

Florida Power & Light Co. v. Morris (2006) fladistctapp · cites it 4× “Confusion has prevailed in this case because the plaintiffs have proceeded upon the theory that Section 588.11, 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…”

Welch v. Baker (1966) fladistctapp “” The second statute which the plaintiffs cite and rely upon in their complaint (Section 588.11) 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…”

Beaver v. Howerton (1969) fladistctapp · cites it 2× “re improperly secured; that she did not know which gate was impropely secured or the manner it was improperly secured; that she had no knowledge “regarding ownership of the black cow in question”; that she had no details as to the manner in which Hower-ton willfully or…”

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