Florida Religious Freedom Restoration Act of 1998

Fla. Stat. § 761.01, et seq. prohibits the state government from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability, unless the government can demonstrate that application of the burden to the person: (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

The law states that a person whose religious exercise has been burdened in violation of the law may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief. Relief is not limited to relief against the state or political subdivision of the state.

The amendment allows religious freedom to be raised as a defense in lawsuits between private citizens.