The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . attorney, and trial judge did not comply with the filing of an oath of office as required by section 876.05 . . .
. . . Griffin requests that the court “[djeclare that Florida Statute § 876.05-§ 876.10 requirement is still . . .
. . . He or she has taken the oath required by sections 876.05-.10, Florida Statutes; 4. . . . Statement of Party under section 99.021 and (not relevant here) the Loyalty Oath required by sections 876.05 . . .
. . . Sib-ley relies on section 876.05, Florida Statutes. . . . earlier executed written, notarized oaths of office in full compliance with the dictates of section 876.05 . . . Section 876.05 does not relate to the jurisdiction or authority of judicial officers. . . . For these reasons, we examine the origins and purposes of section 876.05. . . . Section 876.05 was first enacted in 1949. See ch. 25046, § 1, at 104, Laws of Fla. (1949). . . .
. . . The loyalty oath required by § 876.05, signed by the candidate and duly acknowledged. 4. . . .
. . . . § 876.05). . . .
. . . Stat. ch. 876.05. . . . .
. . . elected or in which he or she desires to be retained; that he or she has taken the oath required by ss. 876.05 . . .
. . . . § 876.05 — requires him to avoid such unlawful conduct. . . .
. . . file, the Court finds as follows: At issue in this case is the facial constitutionality of section 876.05 . . . Section 876.05(1) is a loyalty oath which is required of all State of Florida employees and officers. . . . The form of this oath, as set forth in section 876.05(1), is as follows: I, _, a citizen of the State . . . 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. . . .
. . . action by a school teacher challenging the constitutionality of a loyalty oath required by section 876.05 . . .
. . . relating to elections or registration of electors; (g) That he has taken the oath as required by §§ 876.05 . . .
. . . . §§ 876.05-876.10, F.S.A. . . .
. . . United States District Court for the Middle District of Florida challenging the constitutionality of §§ 876.05 . . . Stat. § 876.05. . . .
. . . concur also in the majority’s holding that the oath prescribed by the Florida statute (F.S.A., Section 876.05 . . . the United States or of Florida by force or violence”, which provisions are now contained in Section 876.05 . . . The corresponding provisions of Sec. 876.07 of course fall with the portions of Sec. 876.05 held unconstitutional . . . County, Florida, school system, seeks on behalf of herself and others similarly situated to have Section 876.05 . . . Plaintiff alleges that (1) the loyalty oath contained in Section 876.05 of the Florida Statutes, F.S.A . . . that she sign a loyalty oath; it appears, however, that the plaintiff had some knowledge of Section 876.05 . . . The section reads in full: “876.05 State employees; oath “All persons who now or hereafter are employed . . . The following language of Section 876.05 of the Florida Statutes is constitutional, and the state may . . .
. . . In 1964 petitioner also purchased, at a cost of $876.05, an additional 5,340 feet of 2-inch down to 1 . . .
. . . becomes our duty to eliminate the objectionable language from the loyalty oath prescribed by Section 876.05 . . . For the guidance of the appellee and others charged with the enforcement of Section 876.05, Florida Statutes . . .
. . . . § 876.05. (Italics added.) . . . “If any person required by §§ 876.05-876.10 to take the oath herein provided for fails to execute the . . . permit any such employee to continue in employment after failing to comply with the provisions of §§ 876.05 . . . “If any person required by the provisions of §§ 876.05-876.10 to execute the oath herein required executes . . .
. . . Cramp who was plaintiff below seeks reversal of a final decree sustaining the validity of Sections 876.05 . . . discovered that through an oversight, he had never been required to execute the oath required iby Section 876.05 . . . By Section 876.05, Florida Statutes, F.S.A., all persons employed by the State or any county or city, . . . Sections 876.05-876.06, supra, were Sections 1 and 2, Chapter 25046, Laws of Florida 1949. . . . Appellant contends further that the oath prescribed by Section 876.05, supra, is unconstitutional for . . .
. . . the so-called loyalty or non-communist oath required of all public officials and employees by Section 876.05 . . . Cramp, in actuality, affirmed each and all of the statements required by Section 876.05, supra. . . . Appellant here contends that there is a reasonable probability that Section 876.05, Florida Statutes, . . . Also, it is presently unnecessary to consider the constitutionality of Section 876.05, supra. . . .
. . . Secs. 876.05 through 876.10, Florida Statutes 1953, and F.S.A. . . . We are immediately concerned with the first of the statutes, Sec. 876.05, supra, which provides, in brief . . . As we understand the record, the ruling constituted a decision that Sec. 876.05, supra, was unconstitutional . . . Chapter 25046, Laws of Florida, Acts of 1949, F.S.A. § 876.05 et seq. . . . Then followed the enactment of Chapter 25046, supra, one section of which, now 876.05, supra, we are . . .
. . . right” and a “privilege” is that shown by Chapter 25046, Laws of Florida, 1949, which is now Sections 876.05 . . .
. . . office as County Judge of Vo-lusia County, a loyalty oath executed pursuant to the provisions of Section 876.05 . . .
. . . . § 876.05 et seq., was enacted, imposing the loyalty oath for officers and employees of the State, there . . .
. . . Sections 876.05 through 876.10, F.S. A., were enacted in 1949 as Chapter 25046. . . .