§ 131.18  EXEMPTIONS.
   (A)   The prohibitions of § 131.16 of this chapter shall not apply:
      (1)   When a person appears nude in a place provided or set apart for nudity, as defined by this chapter, provided:
         (a)   The person is nude for the sole purpose of performing the legal function(s) that is/are customarily intended to be performed within the place provided or set apart for nudity; and
         (b)   The person is not nude for the purpose of obtaining money or other financial gain for the person or for another person or entity. 
      (2)   When the conduct of being nude cannot legally be prohibited by this chapter because:
         (a)   It constitutes a part of a bona fide live communication, demonstration or performance by a person wherein the nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a mere guise or pretense utilized to exploit the conduct of being nude for profit or commercial gain (see for instance Board of City Commissioners v. Dexterhouse, 348 So. 2d 916 (Fla. 2nd DCA 1977)), and as such is protected by the United States Constitution or State Constitution; or
         (b)   It is otherwise protected by the United States Constitution or Florida Constitution.
   (B)   A mother’s breast feeding of her baby does not under any circumstance violate the provisions of this chapter.
   (C)   In establishments or businesses denominated as adult entertainment establishments or sexually-oriented businesses and regulated by the Adult Entertainment Chapter, Chapter 113
(Ord. 2007-10, passed 6-26-2007)