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Florida Statute 876.05 | Lawyer Caselaw & Research
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F.S. 876.05 Case Law from Google Scholar Google Search for Amendments to 876.05

The 2024 Florida Statutes

Title XLVI
CRIMES
Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER
View Entire Chapter
F.S. 876.05
876.05 Public employees; oath.
(1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, except candidates for federal office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form:

I,  , a citizen of the State of Florida and of the United States of America, and being employed by or an officer of   and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.

(2) Said oath shall be filed with the records of the governing official or employing governmental agency prior to the approval of any voucher for the payment of salary, expenses, or other compensation.
History.s. 1, ch. 25046, 1949; s. 22, ch. 83-214; s. 55, ch. 2007-30; s. 77, ch. 2011-40.

F.S. 876.05 on Google Scholar

F.S. 876.05 on Casetext

Amendments to 876.05


Arrestable Offenses / Crimes under Fla. Stat. 876.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 876.05.



Annotations, Discussions, Cases:

Cases Citing Statute 876.05

Total Results: 20

MANE FL CORP v. CALE BECKMAN and MALGORZATA BECKMAN

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-03T23:53:00-08:00

Snippet: at closing was $369,876.05. On May 8, 2018, the attorney wired $369,876.05 to the seller’s assignee

Bond v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-24T00:00:00-08:00

Citation: 84 So. 3d 355

Snippet: filing of an oath of office as required by section 876.05, Florida Stat*356utes (1991). Bond suggests there

Republican Party of Miami-Dade County v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-26T00:00:00-07:00

Citation: 18 So. 3d 1112, 2009 Fla. App. LEXIS 12508, 2009 WL 2601834

Snippet: or she has taken the oath required by sections 876.05-.10, Florida Statutes;4 4. The candidate has not

The Florida Bar v. Sibley

Court: Fla. | Date Filed: 2008-09-25T00:53:00-07:00

Citation: 995 So. 2d 346

Snippet: examine the origins and purposes of section 876.05. Section 876.05 was first enacted in 1949. See ch. 25046…their respective courts. Sibley relies on section 876.05, Florida Statutes.[1] Sibley's arguments and…in full compliance with the dictates of section 876.05. Justices Cantero and Bell, appointed to this Court…of Candidate form, which fully satisfies section 876.05, Florida Statutes, as a prerequisite to qualifying…notarized loyalty oath on file pursuant to section 876.05 would deprive such officer of the authority to

Schurr v. Sanchez-Gronlier

Court: Fla. Dist. Ct. App. | Date Filed: 2006-09-01T00:53:00-07:00

Citation: 937 So. 2d 1166

Snippet: oath . . . . 3. The loyalty oath required by § 876.05, signed by the candidate and duly acknowledged.

Miller v. Mendez

Court: Fla. | Date Filed: 2001-12-20T00:00:00-08:00

Citation: 804 So. 2d 1243, 26 Fla. L. Weekly Supp. 829, 2001 Fla. LEXIS 2309, 2001 WL 1628487

Snippet: that he or she has taken the oath required by ss. 876.05-876.10, Florida Statutes; that he or she has qualified

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Court: Fla. Att'y Gen. | Date Filed: 1999-09-22T00:53:00-07:00

Snippet: oath pursuant to section 876.05, Florida Statutes? In sum: While section 876.05, Florida Statutes, does…officers to take an oath of office pursuant to section 876.05, Florida Statutes, and section 5.05 of the Tamarac…employees or elected officials of the city. Section 876.05, Florida Statutes, provides: "(1) All persons… appointed officers. Accordingly, while section 876.05, Florida Statutes, does not require an individual

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Court: Fla. Att'y Gen. | Date Filed: 1996-06-05T00:53:00-07:00

Snippet: section 876.05, Florida Statutes? 2. May the language of the oath prescribed in section 876.05, Florida… in section 876.05, Florida Statutes. 2. The form of the oath prescribed in section 876.05(1), Florida… oath required by ss. 876.05-876.10, Florida Statutes[.]" 7 Section 876.05(1) and (2), Fla. Stat.…asked to take an oath of office pursuant to section 876.05, Florida Statutes, he declined for religious reasons…have asked for this office's opinion. Section 876.05, Florida Statutes, prescribes an oath that must

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Court: Fla. Att'y Gen. | Date Filed: 1990-06-13T00:53:00-07:00

Snippet: would note that this office has determined that s.876.05, F.S., which prescribes a "loyalty oath"…employees who must take the oath set forth in s.876.05, F.S. However, while there is no general residence

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Court: Fla. Att'y Gen. | Date Filed: 1985-11-17T23:53:00-08:00

Snippet: of s. 5(b), Art. II, State Const.). See also, s. 876.05, F.S., and AGO 82-64 (statutory oath requirement

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Court: Fla. Att'y Gen. | Date Filed: 1984-07-24T00:53:00-07:00

Snippet: NOT CITIZENS, MAY THE LOYALTY OATH REQUIRED BY s 876.05(1), F.S., BE MODIFIED TO REFLECT THAT THE PERSON…the advice of this office on this matter. Section 876.05(1), F.S., requires "[a]ll persons who now …salary, expenses, or other compensation. See, s 876.05(1) and (2), F.S., respectively. Cf., s 92.50, F.S… United States and of the State of Section 876.05, F.S., originally adopted in 1949 by s 1, Ch. 25046…applicability of the loyalty oath prescribed in s 876.05 to noncitizens. In AGO 69-121 this office, after

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Court: Fla. Att'y Gen. | Date Filed: 1982-09-01T00:53:00-07:00

Snippet: TO TAKE THAT PORTION OF THE OATH SET FORTH IN s 876.05, F.S., WHICH STATES `THAT I AM NOT A MEMBER OF …INFLUENCE TO THE COMMUNIST PARTY . . . .'? Section 876.05, F.S., prescribes an oath which is a minimum requirement…candidates for public office . . . .' (e.s.) Section 876.05(1), F.S. The provisions of s876.05 apply to all…held to be vague, but held that the balance of s 876.05, F.S., remained in full force and effect. Cramp…decision other portions of the `loyalty oath,' s 876.05(1), F.S., have been determined to be unconstitutional

Falco v. State

Court: Fla. | Date Filed: 1981-12-16T23:53:00-08:00

Citation: 407 So. 2d 203

Snippet: constitutionality of a loyalty oath required by section 876.05, Florida Statutes. The Supreme Court held the statute

Treiman v. Malmquist

Court: Fla. | Date Filed: 1977-02-16T23:53:00-08:00

Citation: 342 So. 2d 972

Snippet: g) That he has taken the oath as required by §§ 876.05-876.10; (h) That he has qualified for no other

State Ex Rel. Siegendorf v. Stone

Court: Fla. | Date Filed: 1972-08-09T00:53:00-07:00

Citation: 266 So. 2d 345

Snippet: of the loyalty oath as required by Fla. Stat. §§ 876.05-876.10, F.S.A. Since our ruling rests on other

Fenton v. Levy

Court: Fla. Dist. Ct. App. | Date Filed: 1970-01-20T00:00:00-08:00

Citation: 230 So. 2d 725

Snippet: . See: Taylor v. Dorsey, 155 Fla. 305, 19 So.2d 876; 5 Fla.Jur., Brokers, §46. No. 69-572 District

Cramp v. BOARD OF PUBLIC INSTRUCTION OF ORANGE

Court: Fla. | Date Filed: 1962-02-13T23:53:00-08:00

Citation: 137 So. 2d 828

Snippet: completely nullified the requirements of Section 876.05, Florida Statutes, F.S.A. We must in the alternative…language from the loyalty oath prescribed by Section 876.05, Florida Statutes, F.S.A. This we do herewith. … others charged with the enforcement of Section 876.05, Florida Statutes, F.S.A., only the following portion

Cramp v. Board of Public Instruction of Orange Cty.

Court: Fla. | Date Filed: 1960-11-15T23:53:00-08:00

Citation: 125 So. 2d 554

Snippet: final decree sustaining the validity of Sections 876.05-876.06, Florida Statutes, F.S.A. We must decide…required to execute the oath required by Section 876.05, Florida Statutes, F.S.A. The appellee Board immediately…the attacks leveled by the appellant. By Section 876.05, Florida Statutes, F.S.A., all persons employed… to subscribe to the quoted oath. *557 Sections 876.05-876.06, supra, were Sections 1 and 2, Chapter 25046…contends further that the oath prescribed by Section 876.05, supra, is unconstitutional for the reason that

Cramp v. Board of Public Instruction of Orange Cty.

Court: Fla. | Date Filed: 1960-03-03T23:53:00-08:00

Citation: 118 So. 2d 541

Snippet: of all public officials and employees by Section 876.05, Florida Statutes, F.S.A. He was requested to do…each and all of the statements required by Section 876.05, supra. He alleges that his refusal to subscribe… there is a reasonable probability that Section 876.05, Florida Statutes, F.S.A., is unconstitutional …unnecessary to consider the constitutionality of Section 876.05, supra. The Chancellor had adequate reasons to

State v. Diez

Court: Fla. | Date Filed: 1957-09-18T00:53:00-07:00

Citation: 97 So. 2d 105

Snippet: statutes relied on were no longer valid. Secs. 876.05 through 876.10, Florida Statutes 1953, and F.S.… concerned with the first of the statutes, Sec. 876.05, supra, which provides, in brief, that all persons…record, the ruling constituted a decision that Sec. 876.05, supra, was unconstitutional. We proceed to an … 25046, Laws of Florida, Acts of 1949, F.S.A. § 876.05 et seq. At the outset the appellee draws the attention…Chapter 25046, supra, one section of which, now 876.05, supra, we are now considering. Afterward the legislature