logo The Sanibel Naturists

 

Naturists & Florida Law -1

 

 

 

 

As naturists, we must always be aware of how the laws in the state of Florida regulate our activities. It is our intent to insure that all naturists are in compliance with Florida laws. For that reason we have now included, on our website, the Florida statute that applies to our activities. In the future, we will use this forum to keep you aware of any changes to this law.

800.03 Exposure of sexual organs.--It is unlawful to expose or exhibit one's sexual organs in public 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, or to be naked in public except in any place provided or set apart for that purpose.  Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 (Up to one year imprisonment)  A mother's breastfeeding of her baby does not under any circumstance violate this section.

The following are Case Law Summaries involving the Court’s interpretation of

FS 800.03

Hoffman v. Carson
No. 40150 - Florida Supreme Court
July 7, 1971

"Because of the statute, the terms in question must be construed as necessarily relating to a lascivious exhibition of those private parts of a person which common propriety requires to be customarily kept covered in the presence of others. The construction necessarily applies also to the language 'or so to expose or exhibit his person in such place, or to go or be naked in such place'." S.800.03

Goodmakers v. State of Florida
No. 84-22 - District Court of Appeals (Second District)
May 11, 1984

3. Obscenity - "For there to be a violation of indecent exposure statute, there must be, coupled with mere nudity, a 'lascivious' exposition or exhibition of defendant's sexual organs."
4. Obscenity - "Lascivious" and "Lewd" exposition or exhibition of defendant's sexual organs within context of indecent exposure statute requires that perpetrator's exposition or exhibition involves unlawful indulgence in lust, eager for sexual indulgence.
5. Defendant's conduct in being nude in place which was not set apart for that purpose, but while asleep or unconscious, motionless, and not in a state of arousal, did not constitute violation of indecent exposure statute.

Payne v. State of Florida
No. 84-1880 -District Court of Appeals (Second District)
October 26, 1984

"This case is controlled by our recent decision in Goodmakers v State. In Goodmakers, we held that in order for there to be a violation of section 800.03 there must be a lascivious exposure of a sexual organ."

Florida Statute FS 877.03

Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or 775.083.

 

 


  Next ---->

 


 

          

Home Calendar FAQ's About Us Membership Info Contact Us Advertise with Us

If this web site fails to operate correctly contact the Webmaster