How            Laws Become            Statutes in Florida
Copyright            14 September 2016            by Bob Hurt. All rights reserved.
A            correspondent recently wrote me asking for help to get the            court to declare            Florida statute unconstitutional because it does not contain            the "Be it            enacted" clause.  I            answer with a            clarification regarding a statute dear to my heart – the one            requiring public            employees to swear an oath to support the constitutions of the            US and Florida. 
The            law constitutes a vehicle for creating, changing, and            destroying statutes. Let            us look at how the current Florida Constitution Article III            grants the            Legislature authority.  
SECTION                6. Laws.—Every law shall embrace but one              subject and matter              properly connected therewith, and the subject shall be              briefly expressed in the              title. No law shall be revised or amended by reference to              its title only. Laws              to revise or amend shall set out in full the revised or              amended act, section,              subsection or paragraph of a subsection. The enacting clause              of every law shall              read: "Be                It Enacted by                the Legislature of the State of Florida:".
Accordingly,            the Legislature enacts laws using the proper language "be it            enacted" and            records them in one of the chapters of laws, identified by            year and chapter            number.  The enactment            authorizes creation,            addition, deletion, or repeal of corresponding text in            statutes.  Statutes            exist in an arrangement of chapters            relating to various topics.  The            laws            changing the statutes specify the statutes upon which they            operate and provide            the exact wording for deletion (by lining through deleted            text) or addition (by            underlining added text) to those statutes.             The statutes then contain a history note identifying            the source laws,            including the section number, and the Law year and chapter            number.
With            respect to the loyalty oaths and related statutes about the            flouting of which I            raised such a stink in my 2006 article Loyalty              Oaths in Florida, the            Supreme Court justices            asked the Legislature to modify the law to make better sense.            The legislature            responded in Laws 2007-30 and 2011-40 which modified            876.05-876.10, the main            loyalty oath statute and most if not all of the statutes that            reference it.  In            particular, they moved to the candidate            statute the oath statute provision requiring candidates to            swear the oath.
Notice            the history note of the two post-article changes, one in 2007            and one in 2011:
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, except candidates for federal 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; s. 55, ch. 2007-30; s. 77, ch. 2011-40.
The            most recent of those changes came from this Laws of Florida            document posted on            the web at http://laws.flrules.org/2011/40, from            which I provide the            following excerpt. It shows the beginning of the law which            contains a summary of all the              statutes and text it changed,              added, deleted, or repealed, followed by              the enactment language, followed by 80 sections showing the              specific changes            including the references to 876.05              and 876.07,              followed by the end of the law.  The              document comprises 88 pages.
CHAPTER 2011-40
Committee            Substitute for
Committee            Substitute for House Bill No. 1355
An act relating to elections;            amending s. 97.012, F.S.; expanding the list of            responsibilities of the            Secretary of State when acting in his or her capacity as chief            election            officer; amending s. 97.021, F.S.;
…
amending s. 876.05, F.S.;            deleting a requirement for all candidates for public office to            record an oath            to support the Constitution of the United States and of the            State of Florida; repealing s.            876.07,              F.S., relating to            a requirement that a person make an oath to support the            Constitution of the United            States and of the State of Florida in order to be qualified as            a candidate for            office; providing for severability of the act; providing            effective dates.
Be It Enacted by the Legislature of the State of            Florida:
Section 1.            Subsection (16) is            added to section 97.012, Florida Statutes, to read:
…
Section 77. Subsection            (1) of section            876.05, Florida Statutes, is amended to read:
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, except candidates for federal 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.
Section 78. Section              876.07,              Florida Statutes,              is repealed.
Section 79.              If any              provision of this act or its application to any person or              circumstance is held              invalid, the invalidity does not affect other provisions or              applications of the              act which can be given effect without the invalid provision              or application, and              to this end the provisions of this act are severable.
Section 80.            Except as            otherwise expressly provided in this act, this act shall take effect upon              becoming a law.
Approved by the Governor            May 19, 2011.
Filed            in Office Secretary of State May 19, 2011.
I searched for all instances of 876.05, the            loyalty oath            statute.  The law            mentions it 7            times.  The following            appears on page 56:
Section 51.            Paragraph (b) of            subsection (4) of section 105.031, Florida Statutes, is            amended to read:
105.031            Qualification; filing            fee; candidate's oath; items required to be            filed.—
(4)            CANDIDATE'S            OATH.—
(b) All            candidates for            judicial office shall subscribe to an oath or affirmation in            writing to be            filed with the appropriate qualifying officer upon qualifying.            A printed copy            of the oath or affirmation shall be furnished to the candidate            by the            qualifying officer and shall be in substantially 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 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; and that he                or she will support the                Constitution of the United States and the Constitution of                the State of Florida.
Notice that while striking 876.05-876.10            from the candidate's            oath, the law added separate language with the same effect as            that struck.  So the            legislators are not idiots, are            they?  They agree that            candidates should            swear to support the constitution.
Please look this law up for yourself and            share it with your            inmates in a lecture.  They            need to know            how government PROPERLY creates and changes laws and statutes            and how it            documents them for the public to read. Show them this letter            if you wish.
Remember that            the law is            based on reason, logic, and common sense.             Stay away from patriot myth mongers who make            irrational, illogical,            false, and unsupported claims about the law and legal            processes.  Look up the            law and related court opinions            for yourself, and read them carefully before accepting someone            else's            strange-sounding ideas about their wording or meaning. Learn            the law.  Become            disposed to using it. No substitute            exists for knowing the law. 
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