Florida Statute 761 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 761
RELIGIOUS FREEDOM

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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;

(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

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: prevented or redressed”); Hewitt v. Helms, 482 U.S. 755, 761 (1987) (“The real value of the judicial pronouncement—what

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: prevented or redressed”); Hewitt v. Helms, 482 U.S. 755, 761 (1987) (“The real value of the judicial pronouncement—what

Geico General Insurance Company v. Benjamin Tsao and Brooke Tsao

Court: District Court of Appeal of Florida | Date Filed: 2024-12-06

Snippet: (Fla. 1st DCA 2010) (citing Rollins v. Pizzarelli, 761 So. 2d 294, 300 (Fla. 2000)).

James Phillip Kincaid v. Debra Kincaid

Court: District Court of Appeal of Florida | Date Filed: 2024-12-05

Snippet: 1134, 1136 (Fla. 2d DCA 2008); Belmont v. Belmont, 761 So. 2d 406, 408 (Fla. 2d DCA 2000) (“Money loses

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

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: easement to be appurtenant.”); 3 Tiffany Real Prop. § 761 (3d ed.) (“It is obvious that the easement, to be

People's Trust Insurance Company v. Clara Hernandez

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-09-25

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: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: ________________ No. 3D23-0761 Lower Tribunal No. 20-18627

Brandon Lee Cowins v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-11

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