Florida has no statute making a neighbor split a boundary fence's cost, so cost-sharing in Hernando County is voluntary. A malicious spite fence is a common-law nuisance, not a violation of § 823.11, which governs derelict vessels.
A shared boundary fence between two Hernando County homes is a private matter: no Florida or county law forces a neighbor to share the cost, so any split happens by voluntary written agreement, and a survey should fix the true line first. Florida has no spite-fence statute — section 823.11 is the derelict-vessel law, not a fence law — so a fence built maliciously to injure or annoy a neighbor is addressed only through a common-law private-nuisance suit in circuit court. The county's Fence Code does regulate the neighbor-facing side: stockade fences must show their smooth side to adjoining properties and rights-of-way.
An encroaching fence is a civil trespass a court can order removed. A malicious spite fence with no legitimate purpose is a common-law private nuisance an adjoining owner can sue to enjoin, not a county code violation.
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See how Hernando County's neighbor fence rules rules stack up against other locations.
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