CopyCited 8 times | Published | District Court, M.D. Florida | 1969 U.S. Dist. LEXIS 10046
...yees 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....
CopyPublished | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 15951, 1990 WL 185893
...yroll. 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. Section
876.10, Florida Statutes, provides that any person who falsely executes the oath set forth in section
876.05 is guilty of perjury. [1] Section
876.09 provides that sections
876.05 through
876.10 apply to all employees and elected officers of the State, as well as all cities, towns, counties and political subdivisions in Florida....
...Plaintiff City of Orlando and the City's Chief Administrative Officer, Plaintiff Robert C. Haven, allege that they will be required to discharge Amadi or suffer criminal penalties if Plaintiff Amadi fails to execute the oath. Plaintiffs seek a judgment by this Court declaring sections
876.05 through
876.10 unconstitutional....
...equirement 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 attached for the failure of public employers to require execution of the prescribed oath....
