§ 2-21-135. Exemptions.

The prohibitions of section 2-21-134 of this article shall not apply:

(a)

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

(b)

When the conduct of being nude cannot legally be prohibited by this article (i) because it constitutes a part of a bona fide live communication, demonstration, or performance by a 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 and as such is protected by the United States or Florida Constitution, or (ii) because it is otherwise protected by the United States or Florida Constitution.

(c)

When a mother bares her breast for the purpose of nursing a child.

(Ord. No. 99-18, § 5, 3-23-99; Ord. No. 99-53, § 1, 10-19-99)