Florida Statute 761.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 761
RELIGIOUS FREEDOM

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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.

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Amendments to 761.05

Annotations, Discussions, Cases:

Cases Citing Statute 761.05

Total Results: 3 | Sort by: Relevance | Newest First

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Warner v. City of Boca Raton, 887 So. 2d 1023 (Fla. 2004).

Cited 31 times | Published | Supreme Court of Florida | 2004 WL 1944456

...Lastly, the FRFRA states that nothing in the act will be construed to interpret or address the portion of article I, section 3 of the Florida Constitution or the First Amendment to United States Constitution which deals with the establishment of religion. See § 761.05, Fla....

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Toca v. State, 834 So. 2d 204 (Fla. 2d DCA 2002).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 2002 WL 2030145

...to ingest peyote for religious purposes. It is interesting to note that when enacting Florida's Religious Freedom Restoration Act the legislature apparently intended to repudiate Smith in all realms other than the state's controlled substance laws. Section 761.05(4), Florida Statutes (2002), provides that "[n]othing in this act shall be construed to circumvent the provisions of chapter 893." The legislature apparently agreed with the result in Smith but was not confident that the controlled sub...

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Ridley v. Ncl (bahamas) Ltd., 824 F. Supp. 2d 1355 (S.D. Fla. 2010).

Cited 2 times | Published | District Court, S.D. Florida | 2010 WL 4237329

barred by the Death on the High Seas Act, 46 U.S.C. § 761; 5) lack of standing on the part of Robert Ridley;

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