Can you swim in the nude at the beach? Smoke, drink, spend the night? What the law says
South Florida beaches seem like places you can do just about everything. Throw down a towel and the world is yours.
Not quite. There are rules to follow. They involve nudity, cooking, drinking and spending the night.
And over the past year, local governments have banned cigarettes at the beach in an effort to cut the smoke and litter.
Not to ruin your fun, but here’s what to know about what you can and can’t do on the beach in South Florida:
Smoking
Miami-Dade law: Miami-Dade County approved an ordinance in June 2023 that bans smoking at county parks and beaches. Unfiltered cigars are still allowed. The law applies to:
▪ Haulover Park Beach
▪ Crandon Park Beach
▪ Rickenbacker Causeway beaches
▪ Atoll pools at Matheson Hammock Park
▪ Homestead Bayfront Park
▪ Larry and Penny Thompson Park Beach
▪ Amelia Earhart Park Beach
The county cites health consequences of secondhand smoke exposure and cigarette butts some smokers leave behind that could affect the environment. Violators are subject to a civil citation and face a fine of up to $100 for their first offense. A second offense will carry a fine of $200, and third and subsequent offenses will carry a fine of $300.
Miami Beach law: A smoking ban on city beaches and public parks went into effect in January 2023. Violating the law could lead to fines — $100 for a first offense and $200 for a second offense within a 12-month period — or even arrests at the discretion of Miami Beach police with a penalty of up to 60 days in jail. A third offense within 12 months would automatically trigger a criminal violation.
Florida Keys law: Monroe County approved a smoking ban in August 2022. The ban affects county-owned beaches and parks. Vaping and smoking medical marijuana are still allowed. The law carries a fine of up to $100 for a first violation. The city of Key West still allows smoking on its beaches, including Smathers. And Key West’s popular Fort Zachary Historic State Park, controlled by the state of Florida, allows smoking outdoors.
BEACH GUIDE: Where are the secret hangouts in the Florida Keys?
Nudity
Nude beach: You can’t take it all off, except at one Miami-Dade County beach. The northernmost stretch of Hauolver in Northeast Miami-Dade, just south of Sunny Isles Beach, has been clothing-optional for more than 30 years. Some hotels in South Beach and Key West welcome topless sunbathing on their private property.
Background: The Florida Legislature outlawed full nudity at beaches, and the state then tried closing Haulover’s nude beach in 1994. But Miami-Dade commissioners successfully argued that its public beaches fall under “home rule” and the county took on regulating Haulover. So the nude beach continues and thrives.
Night visits
Hours: Miami Beach closes its beaches from 10 p.m. to 5 a.m. Leaders cite the environment and crime. Beaches in Sunny Isles Beach are open sunrise to sunset. Beaches in several cities, including Hollywood and Key Biscayne, are open around the clock, although lifeguards have daytime hours.
Sleeping: It is illegal to sleep overnight or camp out on public beaches in Florida unless you are at a designated campsite with a permit. Camping spots include Bahia Honda and Long Key state parks in the Florida Keys.
What you can’t bring to the beach
In addition to smoking, Miami Beach bans:
▪ Narcotics and marijuana
▪ Large tents, tables or similar structures
▪ Loud music
▪ Large coolers
▪ Glass containers
▪ Styrofoam and plastic straws
Can you drink alcohol on the beach?
Public laws: Miami Beach and other cities have laws against drinking in public, and the beach is as public as you can get. Several beaches in Central and North Florida permit alcohol on the sand.
Are pets allowed on the beach?
Dog-friendly beaches: Pets are allowed at designated beaches in Miami-Dade County. They include:
▪ Hobie Beach along the Ricknebacker Causeway near Key Biscayne
▪ Haulover Park in Northeast Miami-Dade
▪ North Beach Oceanside Park in Miami Beach, known as “Bark Beach,” 80th to 81st streets.
