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CHAPTER
761
FLORIDA
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.
761.01
Short title.--This
act may be cited as the "Religious Freedom Restoration Act
of 1998."
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.
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.
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.
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.
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