CODING: Words stricken are deletions; words underlined are additions.House Bill 3201
Florida House of Representatives - 1998 HB 3201
By Representatives Starks and Trovillion
1 A bill to be entitled
2 An act relating to religious freedom; creating
3 the "Religious Freedom Restoration Act of
4 1998"; providing that government shall not
5 substantially burden the exercise of religion;
6 providing exceptions; providing definitions;
7 providing for attorney's fees and costs;
8 providing applicability; providing
9 construction; providing an effective date.
10
11 WHEREAS, it is the finding of the Legislature of the
12 State of Florida that the framers of the Florida Constitution,
13 recognizing free exercise of religion as an unalienable right,
14 secured its protection in s. 3, Art. I of the State
15 Constitution, and
16 WHEREAS, laws which are "neutral" toward religion may
17 burden the free exercise of religion as surely as laws
18 intended to interfere with the free exercise of religion, and
19 WHEREAS, governments should not substantially burden
20 the free exercise of religion without compelling
21 justification, and
22 WHEREAS, the compelling interest test as set forth in
23 certain federal court rulings is a workable test for striking
24 sensible balances between religious liberty and competing
25 prior governmental interests, and
26 WHEREAS, it is the intent of the Legislature of the
27 State of Florida to establish the compelling interest test as
28 set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and
29 Wisconsin v. Yoder, 406 U.S. 205 (1972), to guarantee its
30 application in all cases where free exercise of religion is
31 substantially burdened, and to provide a claim or defense to
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Florida House of Representatives - 1998 HB 3201
204-176A-98
1 persons whose religious exercise is substantially burdened by
2 government, NOW, THEREFORE,
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Short title.--This act may be cited as the
7 "Religious Freedom Restoration Act of 1998."
8 Section 2. Definitions.--As used in this act:
9 (1) "Government" or "state" includes any branch,
10 department, agency, instrumentality, or official or other
11 person acting under color of law of the state, a county,
12 special district, municipality, or any other subdivision of
13 the state.
14 (2) "Demonstrates" means to meet the burden of going
15 forward with the evidence and of persuasion.
16 (3) "Exercise of religion" means the exercise of
17 religion under s. 3, Art. I of the State Constitution.
18 (4) "Incarcerated" means confined within any
19 correctional facility in the state.
20 Section 3. Free exercise of religion protected.--
21 (1) The government shall not substantially burden a
22 person's exercise of religion, even if the burden results from
23 a rule of general applicability, except that government may
24 substantially burden a person's exercise of religion only if
25 it demonstrates that application of the burden to the person:
26 (a) Is in furtherance of a compelling governmental
27 interest; and
28 (b) Is the least restrictive means of furthering that
29 compelling governmental interest.
30 (2) The government shall not substantially burden an
31 incarcerated person's exercise of religion, even if the burden
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Florida House of Representatives - 1998 HB 3201
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1 results from a rule of general applicability, except that
2 government may substantially burden an incarcerated person's
3 exercise of religion only if the burden:
4 (a) Is in furtherance of a substantial penological
5 interest; and
6 (b) Is the least restrictive means of furthering that
7 substantial penological interest.
8 (3) A person whose religious exercise has been
9 burdened in violation of this section may assert that
10 violation as a claim or defense in a judicial proceeding and
11 obtain appropriate relief.
12 Section 4. Attorney's fees and costs.--The prevailing
13 party in any action or proceeding to enforce a provision of
14 this act is entitled to reasonable attorney's fees and costs
15 to be paid by the government.
16 Section 5. Applicability; construction.--
17 (1) This act applies to all state law, and the
18 implementation of that law, whether statutory or otherwise,
19 and whether adopted before or after the enactment of this act.
20 (2) State law adopted after the date of the enactment
21 of this act is subject to this act unless such law explicitly
22 excludes such application by reference to this act.
23 (3) Nothing in this act shall be construed to
24 authorize the government to burden any religious belief.
25 (4) Nothing in this act shall be construed to
26 circumvent the provisions of chapter 893, Florida Statutes.
27 (5) Nothing in this act shall be construed to affect,
28 interpret, or in any way address that portion of s. 3, Art. I
29 of the State Constitution prohibiting laws respecting the
30 establishment of religion.
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Florida House of Representatives - 1998 HB 3201
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1 (6) Nothing in this act shall create any rights by an
2 employee against an employer if the employer is not a
3 governmental agency.
4 Section 6. This act shall take effect upon becoming a
5 law.
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8 HOUSE SUMMARY
9
Creates the "Religious Freedom Restoration Act of 1998."
10 Defines terms for purposes of the act. Provides that
government may not substantially burden a person's
11 exercise of religion, or the exercise of religion of a
person incarcerated within a correctional facility within
12 the state, even if the burden results from a rule of
general applicability. Provides an exception in which
13 government may substantially burden such persons'
exercise of religion only if it demonstrates that the
14 application of the burden to the person is in furtherance
of a compelling governmental interest, or a substantial
15 penological interest, and is the least restrictive means
of furthering the compelling governmental interest or
16 substantial penological interest. Provides for attorney's
fees and costs. Provides applicability. Provides
17 construction.
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