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Florida Statute 876.08 - Full Text and Legal Analysis Florida Statute 876.08 | Lawyer Caselaw & Research
Fla. Stat. § 876.08 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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

Cases Citing F.S. 876.08

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·Connell v. Higginbotham, 305 F. Supp. 445 (M.D. Fla. 1969).

Cited 8 times | Published | District Court, M.D. Florida | 1969 U.S. Dist. LEXIS 10046

...Plaintiff also refused to sign this oath. At this point processing of plaintiff's employment papers was halted, prior to their consideration by the Board of Public Instruction of Orange County. Defendants then informed the plaintiff that they were barred by Section 876.08 of the Florida Statutes, F.S.A....
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Cited as authorityAgo (1982)
phrase: "rule_authority"
AffirmedOgilvie (1972)
phrase: "affirmed in"
AffirmedOgilvie (1972)
phrase: "affirmed in"
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City of Orlando v. State of Fla., 751 F. Supp. 974 (M.D. Fla. 1990).

Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 15951, 1990 WL 185893

...States and of the State of Florida. Section 876.06, Florida Statutes, provides that any employee required by section 876.05 to execute the specified oath who fails to do so must be immediately discharged from employment and removed from the payroll. 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....
...Florida residence requirement for any person as a condition precedent to employment by the state; however, preference may be given to Florida residents in hiring. Fla.Stat. § 110.105(3). As noted above, however, pursuant to sections 876.05, 876.06, 876.08, 876.09 and 876.10, Florida Statutes, every State of Florida employee or officer must swear that he or she is a citizen of the United States and of the State of Florida as a condition of continued employment, and criminal penalties are attache...

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.