Florida Statutes

Fla. Stat. § 761.02 (2025)

Definitions.

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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.

Notes of Decisions

Cited in 8 cases, 1999–2009 · leading case: Warner v. City of Boca Raton, 887 So. 2d 1023 (Fla. 2004).

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Warner v. City of Boca Raton, 887 So. 2d 1023 (Fla. 2004). · cites it 3× “§ 761.02, Fla. Stat. (2003). The FRFRA also details the protections afforded to religious freedom: (1) The government shall not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, except that government may…”

Toca v. State, 834 So. 2d 204 (Fla. 2d DCA 2002). · cites it 4× “" § 761.02(1), Fla. Stat. (2002). Section 761.”

Muhammad v. Crosby, 922 So. 2d 236 (Fla. 1st DCA 2006). · cites it 2× “" 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.”

Westgate Tabernacle, Inc. v. Palm Beach Cnty., 14 So. 3d 1027 (Fla. 4th DCA 2009). · cites it 2× “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 belief.” RLUI-PA has two definitions of…”

Warner v. City of Boca Raton, 267 F.3d 1223 (11th Cir. 2001). “” 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 larger system of religious…”

Warner v. City of Boca Raton, 64 F. Supp. 2d 1272 (S.D. Fla. 1999). “§ 761.02(3). The plaintiffs contend that any act substantially motivated by a sincerely held religious belief constitutes the exercise of religion under this definition.”

First Baptist Church of Perrine v. Miami-Dade Cnty., 768 So. 2d 1114 (Fla. 3d DCA 2000). “The Church also challenges the Zoning Board's rejection of its application by way of a claim that the decision violates Florida's Religious Freedom Restoration Act, §§ 761.02-.05, Fla. Stat. (1999). [3] The *1117 Church contends that the Zoning Board's ruling restricts the free…”

Freeman v. Dep't of High. Saf., 924 So. 2d 48 (Fla. 5th DCA 2006). “" § 761.02(3). [7] A. SINCERITY OF RELIGIOUS BELIEF Freeman had the burden of showing to the trial court that she was both sincere in claiming that unveiling for the photograph was against her religious beliefs and that the Department was substantially burdening her free…”

— 761.02(1) — 1 case

Toca v. State, 834 So. 2d 204 (Fla. 2d DCA 2002). “" § 761.02(1), Fla. Stat. (2002). Section 761.”

— 761.02(2) — 1 case

Toca v. State, 834 So. 2d 204 (Fla. 2d DCA 2002). “" § 761.02(1), Fla. Stat. (2002). Section 761.”

— 761.02(3) — 6 cases

Warner v. City of Boca Raton, 887 So. 2d 1023 (Fla. 2004). “§ 761.02, Fla. Stat. (2003). The FRFRA also details the protections afforded to religious freedom: (1) The government shall not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, except that government may…”

Muhammad v. Crosby, 922 So. 2d 236 (Fla. 1st DCA 2006). “" 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.”

Westgate Tabernacle, Inc. v. Palm Beach Cnty., 14 So. 3d 1027 (Fla. 4th DCA 2009). “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 belief.” RLUI-PA has two definitions of…”

Toca v. State, 834 So. 2d 204 (Fla. 2d DCA 2002). “" § 761.02(1), Fla. Stat. (2002). Section 761.”

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