Note: the following information is not offered as legal advice. Please consult a qualified attorney if you have any questions regarding the legality of nude recreation at any specific location.

Isn't public nudity illegal?

All states have statutes against public lewdness, but each defines lewdness differently. Some states list mere nudity as itself sufficient to constitute lewdness, although most states include some qualification as to intent, such as "with intent to arouse, appeal to, or gratify that person's lust, passions, or sexual desires" (North Dakota). For all states, consult the NAC website.

Summary of Florida statute and case law on nudity:

"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)

As usual, the wording of this statute is open to variant interpretations, which are ultimately defined by the courts. Fairly consistent FL case law has pronounced that "indecency" here means more than mere nudity. (The issue of providing or setting apart a place for nudity has not to our knowledge been addressed by Florida courts in relation to clothing-optional beaches.)

"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 in a public place of, a "vulgar, indecent, lewd or lascivious act" — With regard to this statute these are equivalent terms defining an act demonstrating "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—Standard Jury Instructions:
No: 89,771: July 10, 1997
(Synopsis with quotation of relevant text)

Florida's broad Disorderly Conduct statute 877.03 is also sometimes used to arrest skinny-dippers and nude sunbathers, although case law on this statute requires a complaint from someone other than a law officer.

To complicate matters further, more than 50 Florida counties and numerous municipalities have enacted their own more restrictive laws, often defining swimsuit standards.

It is important to note that the favorable Florida case law & absence of any Miami-Dade County anti-nudity ordinance are the twin pillars supporting the continued existence of Haulover's naturist beach.

Often draft state laws, usually promoted to control "adult" entertainment establishments, may through poor wording also inadvertently criminalize non-sexual nudity such as skinny-dipping or nude sunbathing. However, some local laws have clearly been written with the intent of making any and all nude recreation illegal. We firmly believe in strict laws penalizing sexual assault and sexual predation. But we are as firmly opposed to laws that restrict the freedom of law-abiding citizens to enjoy a designated clothing-optional beach, to sunbath nude in their back yards, or to enjoy a sauna au naturel with family and friends.

Skinny-dipping is an old American tradition, and there is no good evidence that swimming or sunbathing nude leads to any negative secondary effects. Nude is not lewd. But as our population grows, and we get more crowded together in public, the objections of some over what others wear or choose not to wear are heard. So we get local laws setting swimsuit standards, which often call for undue judgment in enforcement, and will never please everyone.

We suggest a compromise position: every beach should have a designated Naturist (clothing-optional) section for those who prefer to swim nude or nearly so, and a designated textile section with swimsuit standards. This is the pattern in many European countries today, and it honors the preferences of all, without imposing arbitrary standards on all citizens. For more than eleven years of untroubled use, this has also been the Haulover Beach model. Freedom of choice – Isn’t it the American way?

SFFB/FNA is committed to a continuing program of educating our government officials about naturism and to promoting sensible alternatives to government bans on recreational nudity.

HELP KEEP OUR BEACHES BARE – BECOME AN SFFB/FNA SPONSOR OR DONATE TO OUR LEGAL & POLITICAL ACTION FUND