Florida/Georgia Personal Injury & Workers Compensation

...*1032 (2) "Demonstrates" means to meet the burden of going forward with the evidence and of persuasion. (3) "Exercise of religion" means an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief. § 761.02, Fla....

...em of beliefs. The focus under the FRFRA, however, is whether the appellants' action is substantially motivated by a religious belief and whether the governmental action enacted substantially burdens the free exercise of that religious belief. See §§ 761.02(3), 761.03(1), Fla....

...FRA? The Florida RFRA defines the "exercise of religion" as "an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious beliefs." Id. § 761.02(3)....

...opriate relief. The statute defines government as "any branch, department, agency, instrumentality, or official or other person acting under color of law of the state, a county, special district, municipality, or any other subdivision of the state." § 761.02(1), Fla. Stat. (2002). Section 761.02(3), defines an exercise of religion as "an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief." Determining...

...Toca's favor, our inquiry would turn to whether the government has a compelling interest in imposing the signature requirement on him and whether doing so is *210 the least restrictive means of furthering that interest. Pursuant to section 761.03(1), the burden to demonstrate these things would be on the government. Section 761.02(2) defines demonstrates as "to meet the burden of going forward with the evidence and of persuasion." As can be seen, by imposing the compelling interest test, the RFRA may well restrict the government's ability to burden an individual...

...City of Boca Raton, 887 So.2d 1023, 1034 (emphasis supplied); Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214, 1225 (11th Cir.2004) ("To invoke the protection. . . of RLUIPA, plaintiffs bear the burden of first demonstrating that the regulation substantially burdens religious exercise."). Section 761.02(3), Florida Statutes, defines "exercise of religion" as "an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious bel...

...We reverse and remand on these two grounds, and affirm the remaining issues without comment. Section 761.03(1), Florida Statutes (2004), provides that the government "shall not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability." Section 761.02(3), Florida Statutes (2004), defines "exercise of religion" as "an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief." See Warner v....

...Florida RFRA goes on to define “exercise of religion” as “an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.” Fla. Stat. § 761.02 (3)....

...riate relief. "Exercise of religion," as defined in FRFRA, "means an act or refusal to act that is substantially motivated by a religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief." § 761.02(3)....

...decorations violated the federal and state constitutions. The City has not appealed this ruling. 4 not the religious exercise is compulsory or central to a larger system of religious belief.” Fla. Stat. § 761.02(3). In this case, the federal district court, which was the first court to issue a published opinion interpreting Florida RFRA,2 said the state statute applied only to conduct that “reflects some tenet, practice or custom of a l...