Florida Senate - 2022                                     SB 176
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00168-22                                            2022176__
    1                        A bill to be entitled                      
    2         An act relating to clothing-optional locations;
    3         amending s. 800.03, F.S.; specifying that an exception
    4         to the commission of the offense of unlawful exposure
    5         of sexual organs includes clothing-optional beaches;
    6         requiring the Division of Recreation and Parks of the
    7         Department of Environmental Protection to amend a
    8         specified rule to comply with this act; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 800.03, Florida Statutes, is amended to
   14  read:
   15         800.03 Exposure of sexual organs.—
   16         (1) A person commits unlawful exposure of sexual organs by:
   17         (a) Exposing or exhibiting his or her sexual organs in
   18  public or on the private premises of another, or so near thereto
   19  as to be seen from such private premises, in a vulgar or
   20  indecent manner; or
   21         (b) Being naked in public in a vulgar or indecent manner.
   22         (2)(a) Except as provided in paragraph (b), a violation of
   23  this section is a misdemeanor of the first degree, punishable as
   24  provided in s. 775.082 or s. 775.083.
   25         (b) A second or subsequent violation of this section is a
   26  felony of the third degree, punishable as provided in s.
   27  775.082, s. 775.083, or s. 775.084.
   28         (3) The exposure of sexual organs by any of the following
   29  does not violate this section:
   30         (a) A mother breastfeeding her baby; or
   31         (b) An individual who is merely naked at any place provided
   32  or set apart for that purpose, including, but not limited to, a
   33  clothing-optional beach.
   34         Section 2. By October 1, 2022, the Division of Recreation
   35  and Parks of the Department of Environmental Protection shall
   36  amend Rule 62D-2.014(7)(b), Florida Administrative Code, to
   37  comply with this act.
   38         Section 3. This act shall take effect July 1, 2022.