Legal Question in Criminal Law in Florida

I have a local police officer that threatens to arrest me for violation of FL statute 800.03. He first arrived when a neighbor called him when they saw me naked while I fetched my newspaper. As I was on my own property, engaged in a legal activity, and doing nothing lewd or lascivious, I felt it was within my rights to do so. I also swim and sunbath nude in my back yard, and the officer has threatened to arrest me for that. I am in Seminole county, which also has a public decency ordinance. In it is the definition of a "place set apart for nudity." The definition reads:

Places Provided Or Set Apart For Nudity. Enclosed single sex public restrooms, enclosed single sex functional shower, single sex locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals, the yard area of residences and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise for commercial gain.

FL 800.03 also includes the phrase, "except in any place provided or set apart for that purpose." In addition to the "nude isn't lewd" defense, would I not also be able to claim my yard as a place set apart for nudity? (At least within Seminole County). As far as I can determine, Florida law does not define the concept, allowing local communities to set the standard. Seminole county, would then be the agency setting the standard. Am I placing myself at risk of a 2nd degree misdemeanor conviction?


Asked on 9/12/09, 2:58 pm

5 Answers from Attorneys
Don Waggoner Don Waggoner Law, P.A.

You probably need to consult an attorney so that you can more thoroughly explain what's going on. I am not sure why you want to push the limits when it's not necessary, but that is your decision. I will be happy to consult with you concerning this issue if you give my office a call. $07-846-8008. Remember, you may also be placing yourself at risk of being designated a sex offender.

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Answered on 9/12/09, 3:17 pm
Richard Hornsby Richard E. Hornsby, P.A.

You need to wake up and smell the coffee.

Regardless of your intentions, your have no constitutional or statutory right to "fetch your newspaper in the nude;" even if it is on your own property. And while fetching your newspaper may be legal, being nude while you do so is not.

As for your back yard, the question is whether someone could see you or not. If they could see you from a place they have a legal right to be at (say on their own roof), then it is illegal for you to be naked; it is really that simple.

Based off what you have said, you definitely violated Florida Statute 800.03 when you retrieved your paper; and are more than likely violating the statute when you "swim naked." Because the only way people who don't know you, could even know you do so is if they have seen you do so.

So continue living your lifestyle at your own detriment. Because even if you did have a constitutional right to let it all hang out; once they arrest you, you better be prepared to spend a whole lot of money to defend that belief.

p.s. Florida Statutes trump any Seminole County ordinance.

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Answered on 9/12/09, 3:24 pm
Gordon Fenderson Fenderson Law Firm

You have a lot of questions and concerns. I'll sum it up for you. You are breaking the law. If you choose to do so, be prepared for the consequnces (jail, sex offender tag, probation, attorney fees)

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Answered on 9/12/09, 4:41 pm
Richard Stoffels Stoffels Law Group

I think the above answers sum it up. Wake up, and focus on improving the community rather than starting a fight trying to flaunt your life style in front of your neighbors.

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Answered on 9/12/09, 6:15 pm
Sarah Grosse Sarah Grosse, Esquire

I must throw in my two cents here. "Places set apart for nudity" are clothing-optional communities. You should look into living in one -- people wash their cars in the driveway naked, cruise around in golf carts naked, and go about all aspects of daily life naked. It's pretty cool, really. There is such a community in Land O Lakes that has multi-million dollar homes, condos, golf course, club house, restaurants, etc.

But, being naked on your property (not in a lewd or lascivious manner) where you can be seen by the neighbors, not in a clothing-optional community, is against the law.

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Answered on 9/15/09, 12:00 pm


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