Oath of loyalty state of florida10/28/2023 Any candidate who fails or refuses to file the oath will have failed to qualify as a candidate for public office and his or her name may not be printed on the ballot as a qualified candidate. In addition, the oath is a prerequisite to qualification for public office. The provisions of the statute apply to all employees and elected officers of the state, including the Governor and constitutional officers and all employees and elected officers of all cities, towns, counties, and political subdivisions, including the school system. The language of the oath clearly provides an option to those for whom swearing is not acceptable: those individuals may affirm that they will support the Florida and United States Constitutions. "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." The statute currently prescribes the following language for the oath: The statute originally was adopted in 1949 and was revised by the 1983 Legislature to delete those portions of the oath that had been judicially invalidated and eliminated by the state and federal courts. Section 876.05, Florida Statutes, prescribes an oath that must be taken as a minimum requirement for elected public service. In order to resolve this matter, you have asked for this office's opinion. He has not been sworn into office and has offered to execute an alternative statement that would include some of the language of the statutory oath and other language that is not reflected in the statute. When he was subsequently asked to take an oath of office pursuant to section 876.05, Florida Statutes, he declined for religious reasons. However, an exception has been recognized by the courts for those persons who are required to take the oath but who are not citizens.Īccording to your letter, the individual in question was elected to the position of Charter Board Member in the City of Tamarac in March 1996. The form of the oath prescribed in section 876.05(1), Florida Statutes, is mandatory and may not be altered. All elected officers of the City of Tamarac are required by law to take the oath set forth in section 876.05, Florida Statutes.Ģ. May the language of the oath prescribed in section 876.05, Florida Statutes, be modified by individual officeholders or employees?ġ. May a person elected to the Charter Board of the City of Tamarac assume that office without taking the statutorily prescribed oath set out in section 876.05, Florida Statutes?Ģ. You have asked for my opinion on substantially the following questions:ġ. RE: LOYALTY OATH-ELECTED OFFICIALS-MUNICIPALITIES-requirement that elected official take loyalty oath.
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