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Where can I nude sunbathe at Boca Chica?

There have recently been questions regarding Nudity on Boca Chica aka Geiger Beach as to where clothing optional actually begins. Actually anywhere on the beach is acceptable according Monroe County and the State of Florida. We have respectably considered others by using the barricade as a dividing line and nude sunbathing below there.

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 WHAT DOES THE LAW SAY ABOUT NUDE RECREATION IN FLORIDA ?

If anyone confronts you or attempts to intimidate you at Boca Chica in regards to nude sunbathing at Boca Chica/Geiger Beach

Call the Monroe County Sheriffs office non emergency number listed below

305-296-2424

Add to your Speed Dial on your Cell Phone

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
 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."

As to Monroe County Public Beaches

"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."

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)