The 2023 Florida Statutes
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Before me, an officer authorized to administer oaths, personally appeared ( please print name as you wish it to appear on the ballot), to me well known, who, being sworn, says that he or she is a candidate for the office of ___; that he or she is a qualified elector of County, Florida; that he or she is qualified under the Constitution and the laws of Florida to hold the office to which he or she desires to be nominated or elected; that he or she has taken the oath required by ss. 876.05- 876.10, Florida Statutes; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrentl[y] with that of the office he or she seeks; and that he or she has resigned from any office from which he or she is required to resign pursuant to s. 99.012, Florida Statutes.Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot), to me well known, who, being sworn, says he or she: is a candidate for the judicial office of______; that his or her legal residence is ______County, Florida; that he or she is a qualified elector of the state and of the territorial jurisdiction of the court to which he or she seeks election; that he or she is qualified under the constitution and laws of Florida to hold the judicial office to which he or she desires to be elected or in which he or she desires to be retained; that he or she has taken the oath required by ss. 876.05- 876.10, Florida Statutes; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent to the office he or she seeks; and that he or she has resigned from any office which he or she is required to resign pursuant to s. 99.012, Florida Statutes.(g) That he has taken the oath as required by §§ 876.05- 876.10;In his brief, Mr. Klein challenges the constitutionality of the loyalty oath as required by Fla. Stat. §§ 876.05- 876.10, F.S.A. Since our ruling rests on other grounds, we find it unnecessary to decide this issue.Plaintiff alleges that (1) the loyalty oath contained in Section 876.05 of the Florida Statutes, F.S.A., which all state employees are required to execute as a condition of employment, is so vague and ambiguous that it cannot be interpreted with any reasonable degree of certainty and, since a purported violation of this section can subject one to criminal prosecution under Section 876.10 of the Florida Statutes, F.S.A., plaintiff is denied due process of law as guaranteed by the Fifth and Fourteenth Amendments, and (2) the oath abridges plaintiff's rights to freedom of speech, assembly and association as guaranteed under the First and Fourteenth Amendments.If any person required by the provisions of §§ 876.05-876.10 to execute the oath herein required executes such oath, and it is subsequently proven that at the time of the execution of said oath said individual was guilty of making a false statement in said oath, he shall be guilty of perjury, and shall be prosecuted and punished for the crime of perjury in the event of conviction." Fla. Stat. § 876.10.Under one ground it was argued by appellee, apparently with success, that by federal law the field of sedition legislation had been preempted by the federal government and, therefore, the statutes relied on were no longer valid. Secs. 876.05 through 876.10, Florida Statutes 1953, and F.S.A.An illustration of the difference between a "right" and a "privilege" is that shown by Chapter 25046, Laws of Florida, 1949, which is now Sections 876.05 to 876.10, inclusive, F.S.A. The preamble to Chapter 25046, Laws of Florida, 1949, among other things, contains the following findings of fact:On January 17, 1955, John S. Byington filed in the office of the Secretary of State his oath of office as County Judge of Volusia County, a loyalty oath executed pursuant to the provisions of Section 876.05 to 876.10, Florida Statutes, F.S.A., and a properly executed surety bond in the principal amount of $5,000, dated January 13, 1955, upon which was endorsed the written approval of the State Comptroller and the Board of County Commissioners of Volusia County. On the same day a commission was issued to John S. Byington reciting his appointment to the office as of January 17, 1955.F.S. Sections 876.05 through 876.10, F.S.A., were enacted in 1949 as Chapter 25046. If there was any doubt about the public policy of this State prior to that time, such doubt was removed by the legislative findings and determinations as set forth in Chapter 25046, some of which are:. . . Griffin requests that the court “[djeclare that Florida Statute § 876.05-§ 876.10 requirement is still . . .
. . . or she desires to be nominated or elected; that he or she has taken the oath required by ss. 876.OS-876.10 . . .
. . . in which he or she desires to be retained; that he or she has taken the oath required by ss. 876.05-876.10 . . .
. . . protection for affiants of mine waste complaints; FS § 370.16(20) false returns as to oysters; FS § 876.10 . . .
. . . Section 876.10, Florida Statutes, provides that any person who falsely executes the oath set forth in . . . Section 876.09 provides that sections 876.05 through 876.10 apply to all employees and elected officers . . . Plaintiffs seek a judgment by this Court declaring sections 876.05 through 876.10 unconstitutional. . . . As noted above, however, pursuant to sections 876.05, 876.-06, 876.08, 876.09 and 876.10, Florida Statutes . . .
. . . relating to elections or registration of electors; (g) That he has taken the oath as required by §§ 876.05-876.10 . . .
. . . . §§ 876.05-876.10, F.S.A. . . .
. . . States District Court for the Middle District of Florida challenging the constitutionality of §§ 876.05-876.10 . . .
. . . , since a purported violation of this section can subject one to criminal prosecution under Section 876.10 . . .
. . . “If any person required by §§ 876.05-876.10 to take the oath herein provided for fails to execute the . . . any such employee to continue in employment after failing to comply with the provisions of §§ 876.05-876.10 . . . “If any person required by the provisions of §§ 876.05-876.10 to execute the oath herein required executes . . . Stat. § 876.10. . . .
. . . Secs. 876.05 through 876.10, Florida Statutes 1953, and F.S.A. . . . support, advice, counsel or influence to the Communist Party * * In the last of the cited statutes, Sec. 876.10 . . .
. . . “privilege” is that shown by Chapter 25046, Laws of Florida, 1949, which is now Sections 876.05 to 876.10 . . .
. . . County Judge of Vo-lusia County, a loyalty oath executed pursuant to the provisions of Section 876.05 to 876.10 . . .
. . . Sections 876.05 through 876.10, F.S. A., were enacted in 1949 as Chapter 25046. . . .
. . . December 31,1940, to be $2,094.27, and for the period from January 1, 1941, to December 7, 1942, to be $876.10 . . .
. . . ” outside the United States, that all of Culver’s profits were made in foreign countries except $2,-876.10 . . .