The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS

Chapter 761
RELIGIOUS FREEDOM

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F.S. 761.05

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.

F.S. 761.05 on Google Scholar

F.S. 761.05 on Casetext

Amendments to 761.05

Arrestable Offenses / Crimes under Fla. Stat. 761.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 761.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ART DRAMA THERAPY INSTITUTE, INC. v. DISTRICT OF COLUMBIA,, 110 F. Supp. 3d 162 (D.D.C. 2015)

. . . . § 7-761.05(5). To that end, it may “[establish rules, quality standards, and policies for ... . . . . § 7-761.05(3), as well as issue regulations and execute contracts to meet its responsibilities under . . .

In LEHMAN BROTHERS INC. L. P. L. P. v. W. SIPA, 533 B.R. 362 (S.D.N.Y. 2015)

. . . See Collier on- Bankr-¶ 761.05 ("[C]ertain types of derivatives contracts are not subject to [CFTC] regulation . . .

NEW VISION PHOTOGRAPHY PROGRAM, INC. v. DISTRICT OF COLUMBIA,, 54 F. Supp. 3d 12 (D.D.C. 2014)

. . . . §§ 7-761.05(3), 7-761.05(5). . . .

Mr. COMBS No. v. HOMER- CENTER SCHOOL DISTRICT F. D. C. No. Dr. No. v. D. C. No. Dr. No. v. D. C. Mr. No. v. D. C. Mr. No. v. D. D. C. No. v. D. C., 540 F.3d 231 (3d Cir. 2008)

. . . . § 761.01 to 761.05; Idaho Code Ann. §§ 73-401 to 73-404; 775 Ill. Comp. Stat. 35/1 to 35/99; Mo. . . .

FREEMAN, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 924 So. 2d 48 (Fla. Dist. Ct. App. 2006)

. . . The pertinent language in each section is identical and reads: “Notwithstanding chapter 761 or s. 761.05 . . .

WARNER, v. CITY OF BOCA RATON,, 887 So. 2d 1023 (Fla. 2004)

. . . See § 761.05, Fla. Stat. (2003). . . .

TOCA, v. STATE, 834 So. 2d 204 (Fla. Dist. Ct. App. 2002)

. . . Section 761.05(4), Florida Statutes (2002), provides that "[n]othing in this act shall be construed to . . .