HomeMy WebLinkAboutAgenda Package 07 09 2014METRO DADE COUNTY POLICE DEPT
107.07.17A METnO-DADS/DSAMAT 1101 . ..�
DISTRIBUTION B+ DATE: April 15, 1992
T, SUBJECT: Section 800.03,
Exposure of Sexual
FROM: Organs
Laurie Collins
Police Legal Advisor
Police Legal Bureau LEGAL NOTE 92-4
Florida Statutes _ Section 300.03 rakes it a-- first degree - -
misdemeanor for any person to expose or exhibit his or her
sexual organs in any public place. However, the mere act of
being nude in public is not a violation of Section 800.03. In
order for there to be a Section 800.03 violation, the Florida
S»rreme Court requires the nudity to be a lewd or lascivious
exhibition or exposure of the sexual organs. Hoffman v.
Carson, 250 So.2d 891 (Fla. 1971). "Lewd" or "lascivious"
means the exposure or exhibition of sexual organs involves "an
unlawful- indulgence in lust, eager for sexual indulgence."
Goodmakers v. State, 450 So.2d 888 (Fla. 2d DCA 1984). Thus,
the act of merely being nude is not a violation of Section
800.03. Additionally, urinating in public is also not a
violation of Section 800.03. Payne v. State, .463 So.2d 271
(Fla. 2d DCA 1984). Although neither the mere act of public
nudity nor urinating in public may be violations of Section
On0.03, these acts could be violat4,-� of Section 877.03,
disorderly conduct, if all the elements of that crime are
present.
Questions concerning th'i.s 1,ega_1 note should be directed to the
Police Legal Bureau at 471-2550.
LC/vb
W
SOUTH FLORIDA FREE BEACHES, IN(
P.O. Sox 3309102
Coconut Grove, FL 332S3
B.E,A.C.H.E.S. Foundation Institute, Inc.
ANNUAL ECONOMIC BENEFITS OF HAULOVER'S NATURIST Clothin -O tional BEACH - 2013
ITEM Annual Average Per diem
Haulover Park user visits (1,5) 1,470,000 4,027
Percent naturist beach users (1,5) 88%
Net naturist user visits 1,293,600 3,544
Demographic Breakdown of
Naturist Users by Residence f21
Peroen
l+lp1_WoOr Vlsits,
Miami -Dade
(local users)
13.9%
179,810
Broward / Palm Beach (6)
(local users)
17.2%
222,499
Monroe / Martin / St. Lucie counties
(7% local; 93% tourist)
8.7%
112,543
Elsewhere in Florida
(tourists)
11.0%
142.296
USA outside Florida
(tourists)
26.3%
340,217
Outside USA
(tourists)
22.9%
296,234
Naturist Tourist Economic Impact (3
Direct Revenue Impact (per person)
Food & Beverage Tax Revenue - 2%
Hotel Rm Tax Revenue - 3%
State & Cnty Sales Tax - 7.5%
Employment: Leisure & Hospitality (4)
80 tourist = one job
88% of Haulover Park naturist beach visitors
from outside Miami -Dade County say that
Haulover's naturist beach /s the primary reason
for their visit to Miami -Dade County. (2)
Annual Local Visits
514,853
Annual Tourist Visits
883,412
Annual Naturist
Per diem
Economic Impact
Average
Economic Impact
Tourist Visits
Benefit
Haulover Tourl
N I a-h-ts Sto
Annual Total
883,412
$273.19
$241,339,427
5.88
$1,419,075,831
883,412
$5.46
$4,826,789
5.88
$28.381,517
883,412
$8.20
$7,240,183
5.88
$42,672.275
883,412
$20.49
$18,100,457
5.88
$106,430,687
883,412
Avg. Toudsts Total Jobs Created
80.0 11,043
NOTES:
1: Data Source: Miami -Dade Ocean Rescue (Lifeguard) Service and Park & Recreation Dept,
2. Data Source: B,E.A.C.H.E.S. Survey July 14-15, 2012 ° Haulover survey visitors: 119
3: Data Source: from Greater Miami Convention & Visitors Bureau Visitor Industry Overview (per diem benefit, average nights stay, taxes):
2013 Tourism Industry In Greater Miami & the Beaches, Hotel lndustry Recap by Smith Travel Research
4. Data Source: Florida Department of Economic Opportunity (included in GMCVB Visitor Industry Overview)
5: Data Source: Park Dept. user figures derived from daily parking revenue, reflect daily visits, not total individual visitors.
6: Economic benefit of Broward & Palm Beach users not Included due to lack of data. We are aware that many stay overnight locally, averaging 2.3 nights.
NOTE: Park Dept.'s estimates of Haulover Beach users do not Include tourists and visitors who come to the beach
using public transportation, private shuttles, handicapped drivers, bikes, or walk from area hotels and residences.
Prepared by Shirley Pickford-Mason 5/8114
Page 1
Uirif�t+���re
St.Wde
Florida
Ft. Pierce • Port St. Lucie
Hutchinson Island
ST. LUCIE COUNTY
TOURIST DEVELOPMENT COUNCIL
Wednesday, July 9, 2014
St. Lucie County Administration Building
Havert L. Fenn Center
2000 Virginia Avenue, Fort Pierce
1:30 p.m.
(PLEASE NOTE MEETING TIME AND LOCATION)
1. Call to Order....................................................................................................... Commissioner Dzadovsky
2. Roll Call............................................................................................................................... Darius McPhail
3. Self-Introductions............................................................................................... Commissioner Dzadovsky
4. Approval of Minutes from June 11, 2014........................................................... Commissioner Dzadovsky
5. Public Connnent.......................................................................................... Commissioner Dzadovsky
6. Financial & Web Report....................................................................................................Charlotte Bireley
a. May 2014 Revenue and P & L Report
b. May Monthly Expenses vs. Revenue Comp Report
c. June Website Activity Report
7. Clothing Optional Beach Presentation...................................................................................... T. A. Wyner
8. Visit Florida Partnership Benefits to St. Lucie County .....................................................Charlotte Bireley
9. Other Business.................................................................................................... Commissioner Dzadovsky
10. Adjourmnent....................................................................................................... Commissioner Dzadovsky
VISION STATEMENT
By 2017, the St. Lucie County Tourist Development Council will provide a greater impact in promoting
St. Lucie as a top Florida destination for Eco/Adventure/Agri Tourism; amateur/professional sports; and
other known assets, allowing for increased overnight stays.
Please note — Meetings are recorded.
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie
Tourism Office at (772) 462-2130 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the
meeting.
ST. LUCIE COUNTY
TOURIST DEVELOPMENT COUNCIL MEETING
Wednesday, June 11, 2014 0 1:30 P.M.
MINUTES
Members present: Commissioner Chris Dzadovsky, Chairman
Commissioner Rufus Alexander, City of Fort Pierce
Vice -Mayor Linda Bartz, City of Port St. Lucie
Clive Daem, Dockside Inn
Marilyn Minix, Roadrunner Travel Resort
Michelle MacNichol, Perfect Drive Golf Villas
Members absent: Teresa Arronson, St. Lucie County Chamber of Commerce
Chris Egan, Vistana's Beach Club — Sheraton PGA
Paul Taglieri, St. Lucie Mets
Staff present: Katherine Barbieri, St. Lucie County Attorney
Charlotte Bireley,St. Lucie County Tourism and Venues
Darius McPhail, St. Lucie County Tourism & Venues
Also present: Raymond J. Nau, Melbourne International Airport
Kelsie Stickles, Holiday Inn Express and Suites, Fort Pierce
Millie Feliciano, Holiday Inn Express Port St. Lucie
Tom Colucci, Treasure Coast Sports Commission
Chelsie Hewitt, Beach Front Inn
1. CALL TO ORDER: Commissioner Dzadovsky called the meeting to order at 1:37
PM.
2. ROLL CALL: Darius McPhail called roll.
3. SELF INTRODUCTION OF GUESTS:
Attending guests identified themselves.
4. APPROVAL OF MINUTES
The minutes from May 14, 2014 were approved.
5. PUBLIC COMMENT:
No public comments.
6. FINANCIAL & WEB REPORT:
Charlotte Bireley reported that March 2014 revenue was emailed to the TDC and
revenues were up 31 % compared to March 2013. Charlotte Bireley gave the report on
the revenue for April 2014 and revenue was up 6% compared to April 2013. Year to
date revenues are up 20%.
Tourist Development Council Meeting 0 June11, 2014
Charlotte Bireley reported on the Profit & loss report for April 2014 and the Monthly
Expenses vs. Revenues Com Report. Reports attached.
Charlotte Bireley provided the TDC with a report on the activity of the St. Lucie
County Tourism web site for the month of May. Website activity report attached.
7. 2015 PROPOSED BUDGET:
Charlotte Bireley presented the proposed budget for fiscal year 2014-2015 and
suggested moving $10,000 dollars from promotional advertising to promotional
entertainment to conduct FAM tours based on specific assets of the county (i.e)
Fishing, boating, and meeting conferences.
Commissioner Alexander made motion to approve moving $10,000 dollars from
promotional advertising to promotional entertainment to obtain FAM tours and Clive
Daem seconded the motion. Motion passed unanimously.
Commissioner Dzadovsky asked Charlotte Bireley to give a future presentation on
the exact cost and proposed plan of the implementation of a FAM tour.
Budget presentation attached.
8. Summer BOATING & FISHING CAMPAIGN UPDATE:
Charlotte Bireley presented the TDC WITH THE TV commercial that is running in the
Orlando and Miami markets. Since the airing of the ad, the Tourism Office has
received an average of 1-3 calls daily. Commissioner Dzadovsky also asked
Charlotte Bireley to email the TV commercial ad to all TDC members so that they are
able to add to their websites.
Katherine Barbieri gave an update that all legal issues with the City of Fort Pierce's
legal Department had been resolved and the agreements were going forth for
approval by the County, the City of Fort Pierce and Indian River State College.
9. OTHER BUSINESS:
Commissioner Dzadovsky mentioned that a Pro Nudist organization wanted to do a
future presentation on a potential clothing optional beach in Saint Lucie County.
Commissioner Dzadovsky further mentioned the revenue potential that a clothing
optional beach could generate.
Commissioner Dzadovsky also asked the TDC to give thought to possibly allocating
reserve funds to the proposed SKA fishing tournament in 2015 that would allow
Page 2 of 3
Tourist Development Council Meeting 0 June11, 2014
exposure of St. Lucie to the domestic and international markets. Tom Colucci stated
that State funding would be available for the event and that the Treasure Coast
Sports Commission would also allocate funding for the event.
10. ADJOURNMENT:
Meeting adjourned at 2:26 PM.
Page 3 of 3
TDC May 2014
Variance
P & L Report
Actual
Budget
Budget
Bed Tax Revenue
$ 39,488
$
38,000
4%
Carry Forward
$ 19,262
$
19,262
0%
Interest
$ 125
$
125
0%
Total Revenue
$ 58,874
$
57,387
3%
Direct Expenses
Salaries
$ 3,450
$
5,196
-34%
Benefits
$ 1,336
$
2,071
-35%
Other Contract Services
$ 2,400
$
1,667
44%
Software Support
$
36
-100%
Travel
$
583
-100%
Communications
$ 326
$
83
293%
Postage
$ 442
$
833
-47%
Printing
$
1,833
-100%
Promotional Activities
$
250
-100%
Promotional Entertainment
$
250
-100%
Office Supplies
$
83
-100%
Dues
$
83
-100%
Aid
$
7,500
-100%
G & A
$ 5,156
$
5,156
0%
Materials Center
$
83
-100%
Promotional Advertising
$ 3,250
$
14,583
-78%
Tax Collector
$ 1,218
$
1,218
0%
Total Direct Expenses
$ 17,578
$
41,509
-58%
Net Income $ 41,296 70%
TDC Year to Date 2014
P & L Report
Bed Tax Revenue
Carry Forward
Interest
Total Revenue
Direct Expenses
Salaries
Benefits
Other Contract Services
Software Support
Travel
Communications
Postage
Printing
Promotional Activities
Promotional Entertainment
Office Supplies
Dues
Aid
G&A
Materials Center
Promotional Advertising
Tax Collector
Total Direct Expenses
Net income
YTD as of
4/30/2014
Annual
Actuals
Budget
$ 451,458
$
475,000
$ 154,092
$
231,138
$ 1,000
$
1,500
$ 606,550
$
707,638
$ 36,325
$
62,350
$ 14,081
$
24,857
$ 12,742
$
20,000
$ 9,600
$
10,000
$ 1,528
$
7,000
$ 2,012
$
1,000
$ 11,590
$
10,000
$ 21,156
$
22,000
$ 4,243
$
3,000
$ 762
$
3,000
$ 62
$
1,000
$ 632
$
1,000
$ 112,500
$
150,000
$ 41,248
$
61,868
$ 118
$
1,000
$ 102,980
$
175,000
$ 9,744
$
14,610
$ 381,321
$
567,685
$ 225,229
37%
Variance
Budget
-5 %
-33%
-33%
-14%
-42 %
-43 %
-36%
-4 %
-78%
101 %
16%
-4 %
41%
-75 %
-94 %
-37%
-25%
-33%
-88%
-41%
-33%
-33%
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June 6, 2014 JUN () 2014
From; T. A. Wyner
561-756-3600
To: St, Lucie County. Commissioner Chris Dzadovsky
St. Lucie Assistant County Attorney Katharine Barbieri
St. Lucie County Chief Deputy Sheriff
Thank you all for "being there" Tuesday, June 3, 2014, to help acknowledge the current clothing
optional beach, the law, local history, and the B1ueWays Committee suggestion.
Before it is determined in what way the BQCC can/should acknowledge this use of a county beach, we
want to confirm the information exchanged in the meeting. As Commissioner Dzadovsky suggested,
we have scheduled meetings with the other commissioners next week and want to share information
presented and exchanged at the meeting.
1 Florida's "indecent exposure" statute/800.03 in words and State Supreme Court case law
distinguishes mere innocent nudity (e.g, skinny-dipping)... from "lewd or lascivious" exposure of the
sexual organs.
Locally, the case in point is that of Fred Klevers charged with 800.03, "...indecent exposure..."
Fred's arrest report did not indicate any lewd or lascivious actions or intent. He was charged by a plain
clothes officer, who we were told was there responding to complaints of "gay prostitution".
Klevers was represented by local attorney Michael Kessler, who motioned successfully to have the
charge dismissed. I believe it was Judge Midelis who granted the:motion to dismiss.
2 Florida's "disorderly conduct" statute/877.03 according to State Supreme court case law
requires a public complainant (not the law enforement officer) to. convict.
Locally, the case in point is that of a bench trial of William LaVonne (sp?) Rodgers, local attorney (now
retired) Pete McDonald represented Rodgers. Judge Thomas. Walsh was compelled by case law to
acquit Rodgers due to the absence of a named public complainant.
3 St. Lucie County has always had a clothing optional beach..
"Always" going as far as Native Floridians of late 1500s, who were'documented in illustrations by
French artist, LeMoyne. Current generations of St. Lucie County pioneers relate history of the clothing
optional beach for a long time located @ Middle Cove, noting the skinny-dipper beach was just south,
1 m., from what was the "colored" beach in St. Lucie County, when African Americans could not use
the "white" public beaches.
The first "World Guide to Nude Beaches", listed Middle Cove Beach in St.. Lucie County, as one of the
best clothing optional beaches in the country.
I was sent here in the 1980s, as a reporter for Lee Baxandall's "Clothed with The Sun" magazine to
interview the State Attorney re the statutes noted above, after Baxandall's Florida readers reported an
arrest on Middle Cove.
p6r .
(�V
rq
4 Chief Wilson noted the phrase in statute 800.03, which suggests exemption from the law in areas
"set aside". That would provide a state directed way to acknowledge the long existence of the clothing
optional beach, by setting it aside for the purpose of mere innocent nude sunbathing/skinny-dipping.
Without the statute's directive, Assistant County Attorney Barbieri suggested the way used to
"designate" the dog beach. In, that case the BOCC passed an ordinance.
In consideration of the "set aside" portion of the statute, my layman's understanding is that a county
ordinance is not necessary in order to implement state statute "directive".
5 We noted that the beach which had been used for decades by skcinny-dippers.is Middle Cove.
The B1ueWays Committee suggested in their discussion(from meeting minutes) John Brooks Beach.
Most recently skinny-dippers have adopted Blind Creek Beach. The diree.local skinny-dippers who
attended Tuesday's meeting Jacqui Forshay, Nelson Jones &Lynn Korpar, have access to and will
enthusiastically help access whatever information the county needs to.determine the ultimate best area
to "set aside", That may be the:one & only factor of this project in which skinny-dippers .differ, that
is, on which beach is best for them.
ti At this point, there is no need to do anything but acknowledge the ongoing existence of the
beach and according to the terminology of the statute, set an area aside for the purpose of skinny-
dipping.
7 if and as the beach grows in attendance, there may be income opportunities for the county from
the needs of attendees (from food to kayaks). There is a wealth of information available from all the
Naturist/nudist organizations state/country/world wide.
Cap D'Agde in France is an entire clothing optional town on the Mediterranean ...... clothing optional
from banking to pumping gas!
VISIT FLORIDA
VISIT FLORIDA is the state's official tourism marketing corporation. It serves as Florida's official
source for travel planning to visitor across the globe. VISIT FLORIDA is not a government
agency, but rather a not -for -profit corporation created as a public/private partnership by the
Florida Legislature in 1996.
ST. LUCIE COUNTY IS A VISIT FLORIDA MARKETING PARTNER
Marketing Partner Benefits
St. Lucie County's marketing partner membership, allows us to market our brand, attract
more visitors, and boost revenue through unique exposure in partnership with the state's
official tourism marketing corporation.
Marketing Partners receive the following core benefits (Over $60K in value):
• (NEW) One post on VISIT FLORIDA'S consumer -facing Facebook page ($4,000)
• (NEW) Free bulk order of FL Transportation Map and Magazines for distribution to
travelers ($400)
• (NEW) Listing in Official Florida Visitors Guide ($500)
• Enhanced listing on VISITFLORIDA.com ($365)
• Access to VISIT FLORIDA Research (including Airline Reporting Data, Visitor Profile data,
Statewide hotel data and International data) ($50,000)
• Welcome Center lobby booth display (on a space -available basis) ($120)
• Ability to work with Content team and Insider blogger to highlight your business
• Access to free webinars on marketing techniques and industry trends ($1,200)
• Apply for marketing grants ($5,000)
• Apply to join a VISIT FLORIDA Committee
Ongoing Partner Benefits:
• Co-op advertising opportunities — VF negotiates media buys with large media companies
that allows partners to gain media opportunities at reduced rates. Some are subsidized
by VF
• Public relations opportunities through planned media missions, shows, and FAM tours