Florida Statute 876.5 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER

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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.

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Amendments to 876.05

Annotations, Discussions, Cases:

Cases Citing Statute 876.05

Total Results: 18

Cramp v. BOARD OF PUBLIC INSTRUCTION OF ORANGE

137 So. 2d 828

Supreme Court of Florida | Filed: Feb 14, 1962 | Docket: 2461399

Cited 64 times | Published

has completely nullified the requirements of Section 876.05, Florida Statutes, F.S.A. We must in the alternative

Falco v. State

407 So. 2d 203

Supreme Court of Florida | Filed: Dec 17, 1981 | Docket: 1515369

Cited 21 times | Published

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

Cramp v. Board of Public Instruction of Orange Cty.

118 So. 2d 541, 1960 Fla. LEXIS 2564

Supreme Court of Florida | Filed: Mar 4, 1960 | Docket: 467514

Cited 10 times | Published

required of all public officials and employees by Section 876.05, Florida Statutes, F.S.A. He was requested

Connell v. Higginbotham

305 F. Supp. 445, 1969 U.S. Dist. LEXIS 10046

District Court, M.D. Florida | Filed: Oct 30, 1969 | Docket: 2089030

Cited 8 times | Published

herself and others similarly situated to have Section 876.05 of the Florida Statutes, F.S.A. declared unconstitutional

State v. Diez

97 So. 2d 105

Supreme Court of Florida | Filed: Sep 18, 1957 | Docket: 2584466

Cited 7 times | Published

Chapter 25046, Laws of Florida, Acts of 1949, F.S.A. § 876.05 et seq. At the outset the appellee draws the attention

State Ex Rel. Feldman v. Kelly

76 So. 2d 798

Supreme Court of Florida | Filed: Nov 19, 1954 | Docket: 475098

Cited 6 times | Published

later, when Chapter 25046, Acts of 1949, F.S.A. § 876.05 et seq., was enacted, imposing the loyalty oath

The Florida Bar v. Sibley

995 So. 2d 346, 2008 WL 4346448

Supreme Court of Florida | Filed: Sep 25, 2008 | Docket: 23129

Cited 5 times | Published

with their respective courts. Sibley relies on section 876.05, Florida Statutes.[1] Sibley's arguments and

Cramp v. Board of Public Instruction of Orange Cty.

125 So. 2d 554, 1960 Fla. LEXIS 2059

Supreme Court of Florida | Filed: Nov 16, 1960 | Docket: 1276187

Cited 5 times | Published

been required to execute the oath required by Section 876.05, Florida Statutes, F.S.A. The appellee Board

Schurr v. Sanchez-Gronlier

937 So. 2d 1166, 2006 WL 2521401

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1513157

Cited 3 times | Published

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

Dalack v. VILLAGE OF TEQUESTA, FLORIDA

434 F. Supp. 2d 1336, 2006 U.S. Dist. LEXIS 33214, 19 Fla. L. Weekly Fed. D 654

District Court, S.D. Florida | Filed: May 25, 2006 | Docket: 2300417

Cited 1 times | Published

n. 1, 82 S.Ct. at 277 n. 1 (citing Fla. Stat. § 876.05). The Court held that the statute was unconstitutionally

Tappy v. State ex rel. Ervin

82 So. 2d 161, 1955 Fla. LEXIS 3888

Supreme Court of Florida | Filed: Jul 8, 1955 | Docket: 64487231

Cited 1 times | Published

oath executed pursuant to the provisions of Section 876.05 to 876.10, Florida Statutes, F.S.A., and a

Bond v. State

84 So. 3d 355, 2012 Fla. App. LEXIS 2897, 2012 WL 591667

District Court of Appeal of Florida | Filed: Feb 24, 2012 | Docket: 60306696

Published

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

Ago

Florida Attorney General Reports | Filed: Sep 22, 1999 | Docket: 3256682

Published

prescribed oath pursuant to section 876.05, Florida Statutes? In sum: While section 876.05, Florida Statutes,

Ago

Florida Attorney General Reports | Filed: Jun 5, 1996 | Docket: 3256033

Published

in section 876.05, Florida Statutes? 2. May the language of the oath prescribed in section 876.05, Florida

Cone Corp. v. Florida Department of Transportation

921 F.2d 1190

Court of Appeals for the Eleventh Circuit | Filed: Jan 8, 1991 | Docket: 66260259

Published

Constitution and laws of the United States, Fla.Stat. § 876.05 — requires him to avoid such unlawful conduct

City of Orlando v. State of Fla.

751 F. Supp. 974, 1990 U.S. Dist. LEXIS 15951, 1990 WL 185893

District Court, M.D. Florida | Filed: Nov 27, 1990 | Docket: 1340023

Published

facial constitutionality of section 876.05(1), Florida Statutes. Section 876.05(1) is a loyalty oath which

Ago

Florida Attorney General Reports | Filed: Jul 24, 1984 | Docket: 3257570

Published

requested the advice of this office on this matter. Section 876.05(1), F.S., requires "[a]ll persons who now or

Ago

Florida Attorney General Reports | Filed: Sep 1, 1982 | Docket: 3255815

Published

INFLUENCE TO THE COMMUNIST PARTY . . . .'? Section 876.05, F.S., prescribes an oath which is a minimum