CopyCited 8 times | Published | Supreme Court of Florida
...nally, willfully, carelessly, 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. § 588.16, Fla.Stat....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2000 WL 525908
...The statute states, in part, that "[i]t shall be the duty of the sheriff or her or his deputies or designees ... where livestock is found to be running at large or straying, to take up, confine, hold, and impound any such livestock, to be disposed of as hereinafter provided." Id. § 588.16....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 1534, 2016 WL 438227
...ed to the public, law enforcement officers do not owe those duties to injured individuals like Shinkle. Wallace,
3 So.3d at 1045 ; Henderson,
737 So.2d at 537 . Shinkle contends that a statutory duty of care was owed individually to her pursuant to' section
588.16, Florida Statutes (2008)....
...r of the county, the county animal control center, .or state highway patrol officers, where livestock is found to be running at large or straying, to take up, confíne, hold, and impound any such livestock, to be disposed of as hereinafter provided. § 588.16, Fla....
...upon the public roads of this state.” (citing § 588.14, Fla. Stat. (1975))). Those delegated rights and responsibilities are between the livestock owners and individuals using the public roads, not the Sheriff. Thus, when the Legislature enacted section
588.16, we do not believe it intended to provide a civil tort remedy for breach of a duty of care owed' by the Sheriff to injured individuals when the Legislature clearly provided thosé individuals a tort remedy against the owner. Looking only to the specific provisions of section
588.16 and giving them their plain meaning, we see nothing to change' that conclusion. Moreover, as evident by the provisions of sections 588.14 and
588.15, Florida Statutes (2008), the Legislature knows how to impose tort liability for breach'of a duty of care owed to individuals, and we see no similar provision in section
588.16....
...of which, under Section
588.15, makes the owner liable in damages, as follows: ‘No owner shall permit livestock to run at large on or stray upon the public roads of this state.’ ”). Finally, if there is a duty of care imposed on the Sheriff by section
588.16, it is a general duty of care owed to the public at large rather than' to any individual....
