- The way HB161 is written the warrantless arrest would only come with probable cause and if the probable cause is there, then the resulting police action is not in violation of the FL Constitution. The problem lies in that the law in question 800.03, is commonly misused by law enforcement to include nude recreation, where one is nude and not being lewd. 800.03 is only supposed to apply to someone who is nude and being lewd about it, but since some people, cops included, think being nude is lewd period, peaceful people end up getting charged. Basically if your neighbor called the cops cause they caught a glimpse of you nude in your own home, the police could legally kick in your door without a warrant on the mere report of someone being naked, or well out on the beach etc...
Unfortunately the bill passed the subcommittee with zero nay votes, only 2 members of the public addressed the representatives from the Nudist community, however it was noted by one rep that their office had received a lot of calls about it.
If you're interested, you can watch the video of the subcommittee linked below, the bill was addressed within the first 24 minutes. http://www.myfloridahouse.gov/VideoPlayer.aspx...
Saturday, January 18, 2014
FLORIDA - Please contact each of the Representatives on this list and tell them that you oppose HB161.
OFF THE WIRE