Florida Statute 876.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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: District Court of Appeal of Florida | Date Filed: 2023-01-04

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: District Court of Appeal of Florida | Date Filed: 2012-02-24

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

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: District Court of Appeal of Florida | Date Filed: 2009-08-26

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

The Florida Bar v. Sibley

Court: Supreme Court of Florida | Date Filed: 2008-09-25

Citation: 995 So. 2d 346, 2008 WL 4346448

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

Schurr v. Sanchez-Gronlier

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 937 So. 2d 1166, 2006 WL 2521401

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

Miller v. Mendez

Court: Supreme Court of Florida | Date Filed: 2001-12-20

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: Florida Attorney General Reports | Date Filed: 1999-09-22

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

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Court: Florida Attorney General Reports | Date Filed: 1996-06-05

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

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Court: Florida Attorney General Reports | Date Filed: 1990-06-13

Snippet: would note that this office has determined that s.876.05, F.S., which prescribes a "loyalty oath" for public

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Court: Florida Attorney General Reports | Date Filed: 1985-11-18

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: Florida Attorney General Reports | Date Filed: 1984-07-24

Snippet: NOT CITIZENS, MAY THE LOYALTY OATH REQUIRED BY s 876.05(1), F.S., BE MODIFIED TO REFLECT THAT THE PERSON

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Court: Florida Attorney General Reports | Date Filed: 1982-09-01

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

Falco v. State

Court: Supreme Court of Florida | Date Filed: 1981-12-17

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: Supreme Court of Florida | Date Filed: 1977-02-17

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: Supreme Court of Florida | Date Filed: 1972-08-09

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: District Court of Appeal of Florida | Date Filed: 1970-01-20

Citation: 230 So. 2d 725

Snippet: See: Taylor v. Dorsey, 155 Fla. 305, 19 So.2d 876; 5 Fla.Jur., Brokers, §46.

Cramp v. BOARD OF PUBLIC INSTRUCTION OF ORANGE

Court: Supreme Court of Florida | Date Filed: 1962-02-14

Citation: 137 So. 2d 828

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

Cramp v. Board of Public Instruction of Orange Cty.

Court: Supreme Court of Florida | Date Filed: 1960-11-16

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

Snippet: final decree sustaining the validity of Sections 876.05-876.06, Florida Statutes, F.S.A. We must decide

Cramp v. Board of Public Instruction of Orange Cty.

Court: Supreme Court of Florida | Date Filed: 1960-03-04

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

Snippet: of all public officials and employees by Section 876.05, Florida Statutes, F.S.A. He was requested to do

State v. Diez

Court: Supreme Court of Florida | Date Filed: 1957-09-18

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