Florida Statute 761.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 761
RELIGIOUS FREEDOM

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F.S. 761.02

761.02 Definitions.—As used in this act:

(1) “Government” or “state” includes 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.

(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.

History.—s. 2, ch. 98-412.

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Amendments to 761.02

Annotations, Discussions, Cases:

Cases Citing Statute 761.02

Total Results: 8

Warner v. City of Boca Raton

887 So. 2d 1023, 2004 WL 1944456

Supreme Court of Florida | Filed: Sep 2, 2004 | Docket: 466639

Cited 31 times | Published

central to a larger system of religious belief. § 761.02, Fla. Stat. (2003). The FRFRA also details the

Warner v. City of Boca Raton

64 F. Supp. 2d 1272, 1999 U.S. Dist. LEXIS 14665, 1999 WL 739468

District Court, S.D. Florida | Filed: Aug 31, 1999 | Docket: 2477515

Cited 12 times | Published

to a larger system of religious beliefs." Id. § 761.02(3). The plaintiffs contend that any act substantially

Toca v. State

834 So. 2d 204, 2002 WL 2030145

District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 1328982

Cited 7 times | Published

subdivision of the state." § 761.02(1), Fla. Stat. (2002). Section 761.02(3), defines an exercise of

Westgate Tabernacle, Inc. v. Palm Beach County

14 So. 3d 1027, 2009 Fla. App. LEXIS 5431, 2009 WL 1393429

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 1161067

Cited 3 times | Published

substantially burdens religious exercise."). Section 761.02(3), Florida Statutes, defines "exercise of

Muhammad v. Crosby

922 So. 2d 236, 2006 WL 42335

District Court of Appeal of Florida | Filed: Jan 10, 2006 | Docket: 2550313

Cited 3 times | Published

results from a rule of general applicability." Section 761.02(3), Florida Statutes (2004), defines "exercise

Freeman v. DEPARTMENT OF HIGHWAY SAFETY

924 So. 2d 48, 2006 WL 357826

District Court of Appeal of Florida | Filed: Feb 13, 2006 | Docket: 1735889

Cited 1 times | Published

central to a larger system of religious belief." § 761.02(3).[7] A. SINCERITY OF RELIGIOUS BELIEF Freeman

Warner v. City of Boca Raton

267 F.3d 1223, 2001 U.S. App. LEXIS 21253, 2001 WL 1153220

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 2001 | Docket: 64089085

Cited 1 times | Published

larger system of religious belief.” Fla. Stat. § 761.02(3). In this case, the federal district court,

Richard Warner v. City of Boca Raton

420 F.3d 1308

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 2001 | Docket: 397102

Cited 1 times | Published

larger system of religious belief." Fla. Stat. § 761.02(3). 12 In this case, the