Law regarding oath and verification
Bob Hurt
Kristi:
After doing a little homework, I found the below oaths law. It corroborates my position in my earlier e-mail about oaths. Without a witness to the oath, the public officer has a legal loophole for violating the oath.
The oath document requires the authenticated jurat by notary or court seal. Otherwise, the below laws have no purpose. Implicitly, 92.50’s use of the phrase “may be taken” does not permit a public officer to take an unwitnessed oath. It simply lets the public officer choose the method of witness (notary, judge, clerk, or deputy clerk). After all, if an oath has such importance that an political candidate must swear it before a witness in order to qualify, how much more important the need to swear a public officer oath before a witness?
As I see it, public officers in Florida must swear these oaths:
- Public employee oath (Florida Statute 876.05)
- Public officer oath (Florida Constitution Article II Section 5)
- If an attorney or judge – bar oath (Florida Bar Bylaws 2-2.1)
- If a judge or voter – elector’s oath (Florida Constitution Article VI Section 3)
- If an elected official – candidate’s oath (Florida Statute 99.021)
- Public officer financial statement (FL Constitution Article II Section 8)
Essentially, though not precisely an oath, the sworn financial statement shows intent to remain free of financial entanglements that might suborn the public officer, so it amounts to a minimum good-faith implementation of the oath sworn.
I see no reason to sacrifice security of reliance upon oath integrity to the convenience of eliminating the notary’s jurat from the oath document.
*************************
Bob Hurt
2460 Persian Drive #70
Clearwater, FL 33763
727 799-4878
http://bobhurt.com
*************************
Florida Constitution
Article II, SECTION 5. Public officers.--
(a) No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.
(b) Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:
"I
do solemnly swear (or affirm) that I will support, protect, and defend the
Constitution and Government of the United States and of the State of Florida;
that I am duly qualified to hold office under the Constitution of the state;
and that I will well and faithfully perform the duties of (title of office)
on which I am now about to enter. So help me God.",
and thereafter shall devote personal attention to the duties of the office, and
continue in office until a successor qualifies.
(c) The powers, duties, compensation and method of payment of state and county officers shall be fixed by law.
Article II SECTION 8. Ethics in government.--A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right:
(a) All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.
(b) All elected public officers and candidates for such offices shall file full and public disclosure of their campaign finances.
<snip>
(i) Schedule--On the effective date of this amendment and until changed by law:
(1) Full and public disclosure of financial interests shall mean filing with the custodian of state records by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of $1,000 and its value together with one of the following:
a. A copy of the person's most recent federal income tax return; or
b. A sworn statement which identifies each separate source and amount of income which exceeds $1,000. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection (f), and such rules shall include disclosure of secondary sources of income.
(2) Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to subsection (i)(1).
(3) The independent commission provided for in subsection (f) shall mean the Florida Commission on Ethics.
History.--Proposed by Initiative Petition filed with the Secretary of State July 29, 1976; adopted 1976; Ams. proposed by Constitution Revision Commission, Revision Nos. 8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
Article VI, SECTION 3. Elector’s Oath.--Each eligible citizen upon registering shall subscribe the following: "I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and the Constitution of the State of Florida, and that I am qualified to register as an elector under the Constitution and laws of the State of Florida."
Florida Statute
92.50 Oaths, affidavits, and acknowledgments; who may take or administer; requirements.--
(1) IN THIS STATE.--Oaths, affidavits, and acknowledgments required or authorized under the laws of this state (except oaths to jurors and witnesses in court and such other oaths, affidavits and acknowledgments as are required by law to be taken or administered by or before particular officers) may be taken or administered by or before any judge, clerk, or deputy clerk of any court of record within this state, including federal courts, or before any United States commissioner or any notary public within this state. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of such officer or person taking or administering the same; however, when taken or administered before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person.
(2) IN OTHER STATES, TERRITORIES, AND DISTRICTS OF THE UNITED STATES.--Oaths, affidavits, and acknowledgments required or authorized under the laws of this state, may be taken or administered in any other state, territory, or district of the United States, before any judge, clerk or deputy clerk of any court of record, within such state, territory, or district, having a seal, or before any notary public or justice of the peace, having a seal, in such state, territory, or district; provided, however, such officer or person is authorized under the laws of such state, territory, or district to take or administer oaths, affidavits and acknowledgments. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of such officer or person taking or administering the same; provided, however, when taken or administered by or before any judge, clerk, or deputy clerk of a court of record, the seal of such court may be affixed as the seal of such officer or person.
(3) IN FOREIGN COUNTRIES.--Oaths, affidavits, and acknowledgments, required or authorized by the laws of this state, may be taken or administered in any foreign country, by or before any judge or justice of a court of last resort, any notary public of such foreign country, any minister, consul general, charge d'affaires, or consul of the United States resident in such country. The jurat, or certificate of proof or acknowledgment, shall be authenticated by the signature and official seal of the officer or person taking or administering the same; provided, however, when taken or administered by or before any judge or justice of a court of last resort, the seal of such court may be affixed as the seal of such judge or justice.
History.--s. 1, ch. 48, 1845; RS 1299; GS 1730; RGS 2945; CGL 4669; s. 1, ch. 23156, 1945; s. 7, ch. 24337, 1947; s. 15, ch. 73-334; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
Note.--Former s. 90.01.
92.52 Affirmation equivalent to oath.--Whenever an oath shall be required by any law of this state in any proceeding, an affirmation may be substituted therefor.
92.525 Verification of documents; perjury by false written declaration, penalty.--
(1) When it is authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; or
(b) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: "Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true," followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words "to the best of my knowledge and belief" may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.
(3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) As used in this section:
(a) The term "administrative agency" means any department or agency of the state or any county, municipality, special district, or other political subdivision.
(b) The term "document" means any writing including, without limitation, any form, application, claim, notice, tax return, inventory, affidavit, pleading, or paper.
(c) The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words of that import or effect.
99.021 Form of candidate oath.--
(1)(a) Each
candidate, whether a party candidate, a candidate with no party affiliation, or
a write-in candidate, in order to qualify for nomination or election to any
office other than a judicial office as defined in chapter 105, shall take and
subscribe to an oath or affirmation in writing. A printed copy of the oath or
affirmation shall be furnished to the candidate by the officer before whom such
candidate seeks to qualify and shall be substantially in the following form:
State of Florida
County of_____
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 concurrent 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.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this _____ day of _____, (year) , at _____ County, Florida.
(Signature and title of officer administering oath)
(b) In addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing:
1. The party of which the person is a member.
2. That the person is not a registered member of any other political party and has not been a candidate for nomination for any other political party for a period of 6 months preceding the general election for which the person seeks to qualify.
3. That the person has paid the assessment levied against him or her, if any, as a candidate for said office by the executive committee of the party of which he or she is a member.
(c) The officer before whom such person qualifies shall certify the name of such person to the supervisor of elections in each county affected by such candidacy so that the name of such person may be printed on the ballot. Each person seeking election as a write-in candidate shall subscribe to the oath prescribed in this section in order to be entitled to have write-in ballots cast for him or her counted.
(2) The provisions of subsection (1) relating to the oath required of candidates, and the form of oath prescribed, shall apply with equal force and effect to, and shall be the oath required of, a candidate for election to a political party executive committee office, as provided by law. The requirements set forth in this section shall also apply to any person filling a vacancy on a political party executive committee.
History.--ss. 22, 23, ch. 6469, 1913; RGS 326, 327; CGL 383, 384; s. 3, ch. 19663, 1939; s. 3, ch. 26870, 1951; s. 10, ch. 28156, 1953; s. 1, ch. 57-742; s. 1, ch. 61-128; s. 2, ch. 63-269; s. 1, ch. 63-66; s. 1, ch. 65-376; s. 1, ch. 67-149; s. 2, ch. 70-269; s. 19, ch. 71-355; s. 6, ch. 77-175; s. 3, ch. 79-365; s. 27, ch. 79-400; s. 2, ch. 81-105; s. 3, ch. 86-134; s. 535, ch. 95-147; s. 7, ch. 99-6; s. 8, ch. 99-318.
Note.--Former ss. 102.29, 102.30.
876.05 Public employees; oath.--
(1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, and all candidates for public office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form:
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.
(2) Said oath shall be filed with the records of the governing official or employing governmental agency prior to the approval of any voucher for the payment of salary, expenses, or other compensation.
History.--s. 1, ch. 25046, 1949; s. 22, ch. 83-214.
Rules Regulating The Florida Bar (http://floridabar.org)
2 BYLAWS OF THE FLORIDA BAR
2-2 MEMBERSHIP
BYLAW 2-2.1
ATTAINING MEMBERSHIP
Persons shall initially become a
member of The Florida Bar, in good standing, only upon certification by the
Supreme Court of Florida in accordance with the rules governing the Florida
Board of Bar Examiners and administration of the required oath.
Oath of Admission to The Florida Bar
The general principles which should ever control the
lawyer in the practice of the legal profession are clearly set forth in the
following oath of admission to the Bar, which the lawyer is sworn on admission
to obey and for the willful violation to which disbarment may be had.
“I do solemnly swear:
“I will support the Constitution of the United
States and the Constitution of the State of Florida;
“I will maintain the respect due to courts of justice and judicial
officers;
“I will not counsel or maintain any suit or proceedings which shall
appear to me to be unjust, nor any defense except such as I believe to be
honestly debatable under the law of the land;
“I will employ for the purpose of maintaining the causes confided to me
such means only as are consistent with truth and honor, and will never seek to
mislead the judge or jury by any artifice or false statement of fact or law;
“I will maintain the confidence and preserve inviolate the secrets of my
clients, and will accept no compensation in connection with their business
except from them or with their knowledge and approval;
“I will abstain from all offensive personality and advance no fact
prejudicial to the honor or reputation of a party or witness, unless required
by the justice of the cause with which I am charged;
“I will never reject, from any consideration personal to myself, the
cause of the defenseless or oppressed, or delay anyone’s cause for lucre
or malice. So help me God.”
[Updated: 07-01-2005 ]