Legal Research Home > Florida Lawyer > Civil Rights > Florida Civil Rights Code Section 761.03 - Religious Freedom - Free exercise of religion protected.

Title XLIV CIVIL RIGHTS

Chapter 761 RELIGIOUS FREEDOM

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.

Last modified: November 21, 2006