§ 26-84. Exemptions.

Section 26-83 shall not apply:

(1)

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 functions(s) that is 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

(2)

When the conduct of being Nude cannot legally be prohibited by this article because (i) 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 mere guise or pretense utilized to exploit the conduct of being Nude for profit or commercial gain ( Board of County Commissioners v. Dexterhouse ) and, as such, is protected by the United States or Florida Constitution, or (ii) it is otherwise protected by the United States or Florida Constitution.

(Ord. No. 96-073, § 4, 11-12-1996)