Florida state law does not criminalize mere nudity

Monroe County Nudity Law (The Keys) reverts to Florida State Law

Bare truth: Naturists want beach  "Keys Keynoter Newspaper"

By Alyson Matley amatley@keynoter.com
Posted-Wednesday, May 18, 2005 10:09 AM EDT
 

Reference to Monroe County law, Interview with "Florida Keys Naturists" President, George Gilliland: with reply from Monroe County Sheriffs Office

Monroe County does not have a law against nudity, and neither, technically, does the state, Gilliland said, though the county relies on the state's rules.
 

"That's true," Monroe County Sheriff's Office Deputy Becky Herrin said. "Exposure of sexual organs is a state statute." However, the law actually says its illegal if the exposure is done "in a vulgar or indecent manner."

"The law does not include breasts," Herrin said. "However, a deputy might ask someone to cover themselves if someone nearby expressed it was bothering them."

In addition, some state parks have specific rules against topless and nude sunbathing. Setting aside part of Higgs would solve the problem, Gilliland said.

 

According to Florida Statute 800.03
It shall be unlawful for any person to expose or exhibit his sexual organs in any public place or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner (emphasis added), or so to expose or exhibit his person in such place, or to go or to be naked in such place. Provided, however, this section shall not be construed to prohibit the exposure of such or the person in any place provided or set apart for that purpose. (emphasis added)

The Florida Supreme Court and lower courts have repeatedly ruled that mere nudity, as in skinny-dipping and nude sunbathing, is not in violation of this law. Simple nudity is not lewd, lascivious, or indecent exposure. Clothing optional recreation does not harm the public's health, morals, safety, or welfare. There are no harmful effects of the sight or a person in the natural state of being without clothes on a public beach. The public has nothing to fear from a live nude body.

 

"It is unlawful to expose or exhibit one's sexual organs in public...in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose."

Florida Statute 800.03 (Lewdness; Indecent Exposure)

"Lewd" or "lascivious" means that the exposure or exhibition of the sexual organs involves an "unlawful indulgence in lust, eager for sexual indulgence".

Goodmakers v. State, 450 So.2d 888 (Fla. 2d DCA 1984)

"the mere act of being nude in public is not a violation of FS 800.03."

 Laurie Collins, Legal Advisor, Miami-Dade Police Department, 1992

"Proof of mere nudity or exposure is not sufficient to sustain a conviction". Conviction under FS 800.03 requires both the intent to perform, and the actual performance of, a "vulgar, indecent, lewd or lascivious act"  Such an act is one that demonstrates "an unlawful indulgence in lust or a wicked, lustful, unchaste, licentious or sensual intent on the part of the person doing the act."

 Supreme Court of Florida (No: 89,771: July 10, 1997)

 

 

 

In FKN, you'll find friendly, non-judgmental people.
People of all ages, careers, and lifestyles belong to FKN. Quite simply put, you will be accepted for who you are inside, not how you look on the outside. As far as being au natural for the first time, once you see that everyone around you is completely comfortable with each other, and willing to accept each other without prejudices or ulterior motives, you will quickly find yourself forgetting that your clothes are somewhere other than on your back.

As with every legitimate naturist group throughout the world, there is never any tolerance for any sort of behavior that would not be acceptable in any other normal, everyday situation. This is especially true of FKN.

You are, of course, welcome to actively participate in an activity (swimming, volleyball, a social discussion, etc.) or just relax until you feel comfortable. FKN activities and functions are always casual, relaxing, down to earth, and wholesome. There is never, nor will there ever be, any "pressure" to participate in anything you do not choose to do.

 

Children are always welcome at FKN events and functions.
Healthy social nudism is equally healthy for children and adults. The only 2 restrictions we place on children attending any of our functions are that they must be accompanied by an adult, and in the event that you bring a child that is not yours (for example, a niece, nephew, grandchild, or friend of your child) you must get written permission from a parent or legal guardian.

Respected polls, such as The Roper Organization, report that nearly 1 in 4 Americans have skinny-dipped in mixed company. In breaking that down even further, if you work at a company with, say, 24 employees, odds are that 6 of them (and possibly even more) have participated in a naturist activity. Surprised? You shouldn't be. Nude recreation has a long history of public acceptance in the United States, and more and more people are seeking naturist organizations as a means of personal freedom, self expression, and the best way to a healthy attitude about their own bodies.



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