§ 10.5-148. Purpose and intent.

It is the intent of this division to protect and preserve the health, safety, welfare, and morals of the citizens of Polk County by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear or be nude in a public place and in other places which may reasonably be expected to be observed by the public within the unincorporated areas of Polk County except:

(1)

When such 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 that 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 themselves or others; or

(2)

When the conduct of being nude cannot legally be prohibited by the provisions of this division (i) because it constitutes a part of a bona fide live communication, demonstration, or performance by such 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.

It is the board's further intention to accomplish those intents and purposes expressed by the board in the "whereas" provisions of the ordinance from which this division is derived, each of which are incorporated by reference into this section.