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Florida Statute 761 | Lawyer Caselaw & Research
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F.S. 761 Case Law from Google Scholar Google Search for Amendments to 761

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS
Chapter 761
RELIGIOUS FREEDOM
View Entire Chapter
CHAPTER 761
CHAPTER 761
RELIGIOUS FREEDOM
761.01 Short title.
761.02 Definitions.
761.03 Free exercise of religion protected.
761.04 Attorney’s fees and costs.
761.05 Applicability; construction.
761.061 Rights of certain churches or religious organizations or individuals.
761.01 Short title.—This act may be cited as the “Religious Freedom Restoration Act of 1998.”
History.—s. 1, ch. 98-412.
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.
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.
761.04 Attorney’s fees and costs.—The prevailing plaintiff in any action or proceeding to enforce a provision of this act is entitled to reasonable attorney’s fees and costs to be paid by the government.
History.—s. 4, ch. 98-412.
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.
761.061 Rights of certain churches or religious organizations or individuals.—
(1) The following individuals or entities may not be required to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if such an action would cause the individual or entity to violate a sincerely held religious belief of the individual or entity:
(a) A church;
(b) A religious organization;
(c) A religious corporation or association;
(d) A religious fraternal benefit society;
(e) A religious school or educational institution;
(f) An integrated auxiliary of a church;
(g) An individual employed by a church or religious organization while acting in the scope of that employment;
(h) A clergy member; or
(i) A minister.
(2) A refusal to solemnize any marriage or provide services, accommodations, facilities, goods, or privileges under subsection (1) may not serve as the basis for:
(a) A civil cause of action against any entity or individual protected under subsection (1); or
(b) A civil cause of action, criminal cause of action, or any other action by this state or a political subdivision to penalize or withhold benefits or privileges, including tax exemptions or governmental contracts, grants, or licenses, from any entity or individual protected under subsection (1).
History.—s. 1, ch. 2016-50.

F.S. 761 on Google Scholar

F.S. 761 on Casetext

Amendments to 761


Arrestable Offenses / Crimes under Fla. Stat. 761
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 761.

Annotations, Discussions, Cases:

Cases Citing Statute 761

Total Results: 20

PAJ Investment Group, LLC v. El Lago N.W. 7th Condominium Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: easement to be appurtenant.”); 3 Tiffany Real Prop. § 761 (3d ed.) (“It is obvious that the easement, to be…Inc., 180 So. 3d at 1212; 3 Tiffany Real Prop. § 761 (3d ed.); Bruce & Ely, supra, at § 9:5; Crane

People's Trust Insurance Company v. Clara Hernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: Castro v. People's Tr. Ins. Co., 315 So. 3d 761, 764 (Fla. 4th DCA 2021) (affirming the trial court

The Open MRI Guys of Palm Beach, LLC, Etc. v. Progressive American Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-25T00:00:00-07:00

Snippet: Claims Consultants, Inc. v. Fleming, 372 So. 3d 758, 761 (Fla. 1st DCA 2023). Moreover, “[w]hen a contract

5979 Alton Road Land Trust Dated August 8, 2020 v. Stav Software, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

Snippet: _________ No. 3D23-0761 Lower Tribunal No. 20-18627… 2 3D2023-0761 District Court of Appeal of Florida fladistctapp

Brandon Lee Cowins v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: [-]defense.” Shreiteh v. State, 987 So. 2d 761, 763 (Fla. 4th DCA 2008) (quoting Price v.

Eglin Federal Credit Union v. Baird

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: quoting Vitacost.com, Inc. v. McCants, 210 So. 3d 761, 762 (Fla. 4th DCA 2017)); see also MetroPCS, 273

Sean Barnes v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: the victim. See Dennis v. State, 817 So. 2d 741, 761-62 (Fla. 2002) (holding prior incidents of stalking

Eglin Federal Credit Union v. Baird

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: quoting Vitacost.com, Inc. v. McCants, 210 So. 3d 761, 762 (Fla. 4th DCA 2017)); see also MetroPCS, 273

Sean Barnes v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: the victim. See Dennis v. State, 817 So. 2d 741, 761-62 (Fla. 2002) (holding prior incidents of stalking

Eglin Federal Credit Union v. Baird

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: quoting Vitacost.com, Inc. v. McCants, 210 So. 3d 761, 762 (Fla. 4th DCA 2017)); see also MetroPCS, 273

Sean Barnes v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: the victim. See Dennis v. State, 817 So. 2d 741, 761-62 (Fla. 2002) (holding prior incidents of stalking

William Huether, III, M.D., and Adventist Health System/Sunbelt, Inc. D/B/A Adventhealth Altamonte Springs F/K/A Florida Hospital Altamonte, Huether, III, M.D. v. Valeria Baroni

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-20T00:00:00-07:00

Snippet: 1268 (Fla. 4th DCA 2005) (quoting Birch v. Albert, 761 So. 2d 355, 358 (Fla. 3d DCA 2000)). 6 It is

William Huether, III, M.D., and Adventist Health System/Sunbelt, Inc. D/B/A Adventhealth Altamonte Springs F/K/A Florida Hospital Altamonte, Huether, III, M.D. v. Valeria Baroni

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-20T00:00:00-07:00

Snippet: 1268 (Fla. 4th DCA 2005) (quoting Birch v. Albert, 761 So. 2d 355, 358 (Fla. 3d DCA 2000)). 6 It is

William Huether, III, M.D., and Adventist Health System/Sunbelt, Inc. D/B/A Adventhealth Altamonte Springs F/K/A Florida Hospital Altamonte, Huether, III, M.D. v. Valeria Baroni

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-20T00:00:00-07:00

Snippet: 1268 (Fla. 4th DCA 2005) (quoting Birch v. Albert, 761 So. 2d 355, 358 (Fla. 3d DCA 2000)). 6 It is

Kirk Taboada v. Rodrigo Chapur Duarte

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: see also Atl. Coast Line R. Co. v. Beazley, 45 So. 761, 798 (Fla. 1907) (Whitfield, J., concurring) (“When

Rebecca Zalkin v. Jeffrey Zalkin

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: of discretion. Alizzi v. Alizzi, 350 So. 3d 758, 761 (Fla. 4th DCA 2022). “[T]emporary relief awards are

HODGINS, HODGINS v. LSF9 MASTER PARTICIPATION TRUST, U. S. BANK TRUST, N. A., AS TRUSTEE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: established. See, e.g., Mattair v. Card, 18 Fla. 761, 767 (Fla. 1882); Aluia v. Dyck-O'Neal, Inc.

Angel Givoanni Rivera and Ashley Nicole Isabel Brito v. Jennifer Salas

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: correctly followed A.A.B. v. B.O.C., 112 So. 3d 761 (Fla. 2d DCA 2013), a case that applied section 742.14… PRECEDENT In A.A.B. v. B.O.C., 112 So. 3d 761 (Fla. 2d DCA 2013), this court considered an almost

ROBERT E. LOVELAND v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: (f)(3); see also Spera v. State, 971 So. 2d 754, 761 (Fla. 2007) (holding that a trial court abuses its

Buyer's Choice Auto Sales, LLC v. Palm Beach Motors, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: Farms, Inc. v. E.I. DuPont De Nemours & Co., 761 So. 2d 306, 313 (Fla. 2000). A party’s election to…while accepting the Lease’s benefits. See Mazzoni, 761 So. 2d at 313; see also Dist. Bd. of Trs. v. Morgan