Expert: Jim Boyd - 3/15/2009

Question
Hello,

My wife and I are professional photographers in Florida (Escambia county),
and I'm curious as to the legality of producing content and paysites within
that county. Specifically, solo girl paysites with mostly teaser content. Maybe
occasionally showing breasts or something of the sort, but nothing over the
top. Then for that matter, does that make a difference?  Producing content of
solo vs. a group of people getting their freak on?

Thank you sincerely for your time and help!

Answer
The legality of any Adult Business in Florida is a very tricky matter, especially if part of the business includes any actual production.

First off you need to understand that California is the ONLY state where a person can be legally hired to have sex for the purpose of making Adult Material....including still photography.

This would mean that any production work in Florida that included actual sexual activity would be a violation of Florida State's prostitution/pandering Laws.

So in reality, only the "solo girl" material you mentioned above could legally be produced in Florida....at least for now.

Unfortunately, another problem has recently come about for the Adult Industry in Florida...particularly Adult Web Site owners. In some jurisdictions (most recently Nassau County), the County Commissioners are considering an ordinance banning the sale, but not the possession of, pornography. Adult Web sites operated in Florida and doing business with local residents) are expected to be included in these "no-selling" bans.

Most of this new legislation, and a few recent arrest, have come about because local officials simply want Adult Producers out of Florida. Seems most are not happy with the fact that Florida is the #2 State in terms of the volume of Adult Material produced in the United States...and the fact that local prostitution/pandering Laws are being ignored by these producers.

Now we both know that there are companies in Florida who are shooting porn films and other hardcore material everyday. However these companies are doing so in VIOLATION of the Law and are subject to prosecution if/when caught.