Florida Statutes

Fla. Stat. § 876.08 (2025)

Penalty for not discharging.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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876.08 Penalty for not discharging.—Any governing authority or person, under whom any employee is serving or by whom employed who shall knowingly or carelessly permit any such employee to continue in employment after failing to comply with the provisions of ss. 876.05-876.10, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 4, ch. 25046, 1949; s. 1140, ch. 71-136.

Arrestable Offenses under F.S. 876.08

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§876.08SOVEREIGNTYPERMIT NONCOMPLIANCE OF LOYALTY OATHM · 2nd

Notes of Decisions

Cited in 3 cases, 1961–1990 · leading case: Cramp v. Bd. of Pub. Instruction of Orange Cty., 368 U.S. 278 (1961).

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Cramp v. Bd. of Pub. Instruction of Orange Cty., 368 U.S. 278 (1961). “See also Fla. Stat. §876.08 , which provides that: “[a]ny governing authority or person, under whom any employee is serving or by whom employed who shall knowingly or carelessly permit any such employee to continue in employment after failing to comply with the provisions of §§…”

Connell v. Higginbotham, 305 F. Supp. 445 (M.D. Fla. 1969). · cites it 2× “Plaintiff related to defendants that she anticipated filing suit in the United States District Court and defendants informed plaintiff that she could remain in her teaching post without pay, pending decision on the matter.”

City of Orlando v. State of Fla., 751 F. Supp. 974 (M.D. Fla. 1990). “Section 876.08 provides that any governing authority or person “under whom any employee is serving” who knowingly or carelessly permits an employee who fails to execute the oath to continue in his job is guilty of a second-degree misdemeanor.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.