Florida Statutes

Fla. Stat. § 588.11 (2025)

Owner to maintain fences and notices.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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

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Davidson v. Howard, 438 So. 2d 899 (Fla. 4th DCA 1983). · 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, 944 So. 2d 407 (Fla. 4th DCA 2006). · 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, 184 So. 2d 188 (Fla. 1st DCA 1966). “” 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, 223 So. 2d 62 (Fla. 2d DCA 1969). · 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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