Florida Statutes

Fla. Stat. § 761.05 (2025)

Applicability; construction.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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761.05 Applicability; construction.—

(1) This act applies to all state law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the enactment of this act.

(2) State law adopted after the date of the enactment of this act is subject to this act unless such law explicitly excludes such application by reference to this act.

(3) Nothing in this act shall be construed to authorize the government to burden any religious belief.

(4) Nothing in this act shall be construed to circumvent the provisions of chapter 893.

(5) Nothing in this act shall be construed to affect, interpret, or in any way address that portion of s. 3, Art. I of the State Constitution prohibiting laws respecting the establishment of religion.

(6) Nothing in this act shall create any rights by an employee against an employer if the employer is not a governmental agency.

(7) Nothing in this act shall be construed to affect, interpret, or in any way address that portion of s. 3, Art. I of the State Constitution and the First Amendment to the Constitution of the United States respecting the establishment of religion. This act shall not be construed to permit any practice prohibited by those provisions.

History.—s. 5, ch. 98-412.

Notes of Decisions

Cited in 3 cases, 2002–2017 · 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 2× “See § 761.05, Fla. Stat. (2003). Thus, the FRFRA has made the compelling state interest test applicable to state cases involving questions of the free exercise of religion.”

Toca v. State, 834 So. 2d 204 (Fla. 2d DCA 2002). · cites it 2× “Section 761.05(4), Florida Statutes (2002), provides that "[n]othing in this act shall be construed to circumvent the provisions of chapter 893.”

Rodney Tyms-Bey v. State of Indiana, 69 N.E.3d 488 (Ind. Ct. App. 2017). “Fla. Stat. Ann. § 761.05 (4) (West 2016).”

— 761.05(4) — 1 case

Toca v. State, 834 So. 2d 204 (Fla. 2d DCA 2002). “Section 761.05(4), Florida Statutes (2002), provides that "[n]othing in this act shall be construed to circumvent the provisions of chapter 893.”

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