Brevard County Nudity Laws

Category: Nudity Laws

Sec. 74-30. - Public nudity.

Subject to the exemptions set forth in section 74-31 below, it shall be unlawful for any person to knowingly or intentionally:

(1)
Appear nude in a public place;

(2)
Cause or permit another person to appear nude in a public place;

(3)
Sunbathe nude in a public place;

(4)
Appear nude in a public place in such a manner as to be in violation of F.S. § 877.03; or

(5)
Appear nude in a public place in such a manner as to be in violation of the common law of England as adopted by F.S. § 775.01.


(Ord. No. 95-21, § 5, 5-18-95)

Sec. 74-31. - Exemptions.

The offense of public nudity contrary to section 74-30 above, shall not be deemed to have occurred in any of the following instances:

(1)
When a person appears nude in a public place provided or set apart for nudity, and such person is nude for the sole purpose of performing a legal function that is customarily intended to be performed within such public place, and such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity;

(2)
When the conduct of being nude cannot constitutionally be prohibited by this article because it constitutes a part of a bona fide live communication, demonstration or performance by such person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression, and is not a guise or pretense utilized to exploit nudity for profit or commercial gain (see, for example, Barnes v. Glen Theatre Inc., _U.S., 111 S.Ct. 2456, 115 L.Ed.2d 504 [1991]; and Hoffman v. Carson, 250 So.2d 891 [Fla. 1971]);

(3)
When the conduct of being nude cannot constitutionally be prohibited by this article because it is otherwise protected by the United States Constitution or Florida Constitution under existing judicial decisions;

(4)
Where a person appears nude in any area which has been designated, by the federal or state government as a public place provided or set apart for nudity;

(5)
When a mother is breast feeding her baby; or

(6)
Where a person appears nude in any area which is owned or controlled by the federal or state government and it is judicially or legislatively determined that the county has no jurisdiction or authority to exercise its police power in that area.


(Ord. No. 95-21, § 6, 5-18-95)

Sec. 74-32. - Violation; penalty.

Any person who violates section 74-30 above, shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, a violator shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. This enforcement procedure and penalty for violations of this article is adopted under the express authority of F.S. § 125.69(1).

(Ord. No. 95-21, § 7, 5-18-95)