Florida Statute 761.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 761
RELIGIOUS FREEDOM

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F.S. 761.03

761.03 Free exercise of religion protected.—

(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 substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person:

(a) Is in furtherance of a compelling governmental interest; and

(b) Is the least restrictive means of furthering that compelling governmental interest.

(2) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief.

History.—s. 3, ch. 98-412.

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Amendments to 761.03

Annotations, Discussions, Cases:

Cases Citing Statute 761.03

Total Results: 24

Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County

450 F.3d 1295, 2006 U.S. App. LEXIS 13500, 2006 WL 1493825

Court of Appeals for the Eleventh Circuit | Filed: Jun 1, 2006 | Docket: 659321

Cited 68 times | Published

Environmental Dispute Resolution Act, Fla. Stat. § 761.03 (2004), challenging the County’s enforcement of

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

judicial proceeding and obtain appropriate relief. § 761.03, Fla. Stat. (2003). Another provision of the FRFRA

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

that compelling governmental interest. Fla. Stat. § 761.03(1). Under the terms of the statute, a plaintiff

First Baptist Church of Perrine v. Miami-Dade County

768 So. 2d 1114, 2000 Fla. App. LEXIS 8041, 2000 WL 833077

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 629186

Cited 9 times | Published

same title. See 42 U.S.C. §§ 2000bb-2000bb-4. Section 761.03, Florida Statutes provides that "the government

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

Smith. § 761.01, Fla. Stat. (Supp. 1998).[7] Section 761.03 of the Act provides: 761.03. Free exercise

Hollywood Community Synagogue, Inc. v. City of Hollywood

430 F. Supp. 2d 1296, 2006 U.S. Dist. LEXIS 31109

District Court, S.D. Florida | Filed: May 10, 2006 | Docket: 2185424

Cited 6 times | Published

pursuant to § 761.03 of the Florida Religious Freedom and Restoration Act (Florida RFRA). Section 761.03 states

Williams Island Synagogue, Inc. v. City of Aventura

329 F. Supp. 2d 1319, 2004 U.S. Dist. LEXIS 16261, 2004 WL 1798294

District Court, S.D. Florida | Filed: Aug 3, 2004 | Docket: 2282470

Cited 4 times | Published

conditional use application violates Florida Statute § 761.03(1)[4] by imposing a substantial burden on Plaintiff's

Konikov v. Orange County, Florida

302 F. Supp. 2d 1328, 2003 U.S. Dist. LEXIS 23751, 2004 WL 213179

District Court, M.D. Florida | Filed: Jan 2, 2004 | Docket: 2151100

Cited 4 times | Published

furthering that compelling governmental interest." § 761.03(1), Fla. Stat. As discussed earlier in connection

Wilson v. Moore

270 F. Supp. 2d 1328, 2003 U.S. Dist. LEXIS 16587, 2003 WL 21544244

District Court, N.D. Florida | Filed: May 1, 2003 | Docket: 2369008

Cited 4 times | Published

Religious Freedom Restoration Act, FLA. STAT. § 761.03. The law provides that government shall not "substantially

Abbott v. City of Fort Lauderdale

783 So. 2d 1213, 2001 WL 456452

District Court of Appeal of Florida | Filed: May 2, 2001 | Docket: 1259194

Cited 4 times | Published

Florida Religious Freedom Restoration Act, section 761.03(1)(a)-(b), Florida Statutes (1999), provides

Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, Florida

727 F.3d 1349, 2013 WL 4574206, 2013 U.S. App. LEXIS 18091

Court of Appeals for the Eleventh Circuit | Filed: Aug 29, 2013 | Docket: 919198

Cited 3 times | Published

each statute is the same. See Fla. Stat. 761.03. 5 . The City urges us to affirm

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

meant to protect the free exercise of religion. Section 761.03 of the FRFRA provides: (1) The government shall

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

affirm the remaining issues without comment. Section 761.03(1), Florida Statutes (2004), provides that

CHRISTIAN ROMANY CHURCH v. Broward County

980 So. 2d 1164, 2008 WL 942565

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1736137

Cited 2 times | Published

furthering that compelling governmental interest. § 761.03(1), Fla. Stat. The party claiming a FRFRA violation

Otto v. City of Boca Raton

353 F. Supp. 3d 1237

District Court, S.D. Florida | Filed: Feb 13, 2019 | Docket: 64322177

Cited 1 times | Published

Freedom Restoration Act ("FRFRA"), Fla. Stat. Ann. § 761.03. Plaintiffs moved for a preliminary injunction

Fr. Vincenzo Ronchi v. State

248 So. 3d 1265

District Court of Appeal of Florida | Filed: Jun 11, 2018 | Docket: 7284978

Cited 1 times | Published

furthering that compelling governmental interest. § 761.03(1), Fla. Stat. (2017). A substantial burden

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

furthering its interest. VIOLATION OF FRFRA Section 761.03, Florida Statutes (2003), provides: (1) The

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

that compelling governmental interest. Fla. Stat. § 761.03. Florida RFRA goes on to define “exercise of religion”

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

interest. 11 Fla. Stat. § 761.03. Florida RFRA goes on to define "exercise of religion"

Bradley Dorman v. Chaplains Office BSO

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 2022 | Docket: 63377078

Published

Religious Freedom Restoration Act (FRFRA), Fla. Stat. § 761.03(1), provides that the government cannot “substantially

Fort Lauderdale Food Not Bombs v. City of Fort Lauderdale

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2021 | Docket: 60326089

Published

Religious Freedom Restoration Act, Fla. Stat. § 761.03. (Abbott is not affiliated with FLFNB.) The injunction

Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Nov 13, 2019 | Docket: 16462924

Published

Religious Freedom Restoration Act, Fla. Stat. § 761.03, because pre-game prayer was “required by its

McGlade v. State

982 So. 2d 736, 2008 WL 1830484

District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 1665010

Published

substantially burdened the exercise of their religion. See § 761.03, Fla. Stat. (2004). Therefore, we affirm on that

Williams Island Synagogue, Inc. v. City of Aventura

358 F. Supp. 2d 1207, 2005 U.S. Dist. LEXIS 7099, 2005 WL 458661

District Court, S.D. Florida | Filed: Feb 24, 2005 | Docket: 2298113

Published

conditional use application violates Florida Statute § 761.03(1) by imposing a substantial burden on Plaintiff's