Florida Statutes
Fla. Stat. § 768.10 (2025)
Pits and holes not to be left open.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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768.10 Pits and holes not to be left open.—It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth and breadth than 2 feet; provided, however, such pit or hole may be left open by enclosing the same with a fence or other enclosure that would be a safeguard against horses, cattle or other domestic animals falling into the same; provided further, that this section shall not apply to pits or holes made by any company or individual while bona fide engaged in actual mining operations, such pits and holes to be enclosed as herein provided when said mining operations shall cease or be discontinued.
History.—s. 1, ch. 4051, 1891; GS 3152; RGS 4969; CGL 7056.
Notes of Decisions
Cited in 5
cases, 1965–2009 · leading case: Neumann v. Davis Water & Waste, Inc., 433 So. 2d 559 (Fla. 2d DCA 1983).
Neumann v. Davis Water & Waste, Inc., 433 So. 2d 559 (Fla. 2d DCA 1983). “In the count against DER, appellant alleged that upon original construction of the sewage treatment plant DER required the area to be fenced, [1] and that DER negligently failed to inspect the plant when originally constructed in 1966, or when reconstructed from 1975 through…”
Est. of McCall v. United States, 663 F. Supp. 2d 1276 (N.D. Fla. 2009). “§ 768.21 (1). A minor child of the decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering.”
Downs v. United States, 382 F. Supp. 713 (M.D. Tenn. 1974). “F.S.A. §§ 768.10 and 768.17. 28 . Rule 1.”
Gload v. Birdsall Constr. Co., 177 So. 2d 894 (Fla. 2d DCA 1965). “le may be left open by enclosing the same with a fence or other enclosure that would be a safeguard against horses, cattle or other domestic animals falling into the same; provided further, that this section shall not apply to pits or holes made by any company or individual…”
Publix Super Markets, Inc. v. Pearson, 315 So. 2d 98 (Fla. 2d DCA 1975). “…S.W.2d 19 (Mo. 1953); Reiger v. Anchor Post Products, Inc., Fla.App.3d 1968, 210 So.2d 283 . [4] Florida Statutes, Section 768.10.”
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