The Florida Senate

250.35  Courts-martial.--

(1)  The Uniform Code of Military Justice, 10 U.S.C. ss. 801 et seq., and the 1984 Manual for Courts-Martial, as amended to January 1, 1992, are hereby adopted for use by the organized militia and the Florida National Guard, except as otherwise provided by this chapter.

(2)  Courts-martial may try any member of the organized militia or the Florida National Guard for any crime or offense made punishable by the Uniform Code of Military Justice as of January 1, 1992, except that a commissioned officer may not be tried by summary courts-martial.

(3)  Courts-martial in the state shall be of three kinds, namely: general courts-martial, special courts-martial, and summary courts-martial. General courts-martial and special courts-martial shall be tried by a military judge and a panel of officers and noncommissioned officers as designated in applicable National Guard regulations. The military judge shall be qualified by attendance at appropriate Judge Advocate General schools and shall be certified as qualified by the Adjutant General of Florida. In a general and special court-martial, the defendant may waive trial by panel and request trial by judge alone. The granting of such waiver shall be in the military judge's discretion.

(4)  General courts-martial in the Florida National Guard may be convened by order of the Governor, and such courts shall have the power to adjudge a fine not exceeding $500, confinement not in excess of 200 days, forfeiture of all pay and allowances, reprimand, dismissal or dishonorable discharge from the service, and reduction to the lowest enlisted grade. Any two or more of such punishments may be combined in the sentence herein authorized to be adjudged by such courts.

(5)  When not in the active service of the United States, the commanding officer of each major command of the Florida National Guard or his or her superior commander may convene a special court-martial empowered to adjudicate a bad conduct discharge for that command, subject to the procedural protections provided in 10 U.S.C. s. 819. Special courts-martial with bad conduct discharge authority shall have the same powers of punishment as do general courts-martial, except that fines adjudged by such special courts-martial shall not exceed $300 and confinement may not exceed 100 days. Special courts-martial with bad conduct discharge authority shall specifically have the authority to adjudicate dismissal or a bad conduct discharge from the service.

(6)  When not in the active service of the United States, the commanding officer of each garrison, fort, post, camp, division, brigade, group, regiment, battalion, wing, or squadron may convene special courts-martial for his or her command; but such special courts-martial may in any case be convened by superior commanders when by the latter deemed advisable. Special courts-martial shall have the same powers of punishment as do general courts-martial, except that fines adjudged by such special courts-martial shall not exceed $300 and confinement may not exceed 100 days.

(7)  When not in active service of the United States, the commanding officer of each battalion, higher headquarters, or similar type unit may convene summary courts-martial for such place or command. Any person who may convene a general court-martial or special court-martial may convene a summary court-martial. A summary court shall have the power to adjudge a fine not in excess of $200 per offense, confinement not in excess of 25 days per court-martial, forfeiture of pay and allowances, and reduction by one grade per court-martial of members whom the convening authority had the authority to promote to their present grade. Any two or more of such punishments may be combined in the sentence authorized to be imposed by such courts.

(8)  When not in the active service of the United States, commanders may impose nonjudicial punishment in accordance with 10 U.S.C. s. 815, except that punishment may not exceed:

(a)  Oral or written reprimand.

(b)  Extra duty for 14 days.

(c)  Restriction for 14 days.

(d)  Fines of $200.

(e)  Reduction by one grade of a member whom the commander had the authority to promote.

(f)  Any combination of paragraphs (a) through (e).

(9)(a)  A finding of guilt and the sentence of a court-martial convened under this chapter, as approved by the convening authority, may be appealed to the District Court of Appeal for the district in which the court-martial was held.

(b)  Any dismissal of a general or special court-martial by the military judge that does not violate the defendant's constitutional rights may be appealed to the District Court of Appeal for the district in which said court-martial was held.

(10)  A finding of guilt and the sentence of a summary court-martial may be appealed to the convening authority. In cases where a sentence of imprisonment has been adjudged the findings and sentence may be appealed to the Adjutant General.

(11)  When the Florida National Guard is not in the service of the United States, sentence of dismissal from the service or dishonorable discharge from same, imposed by court-martial, shall not be executed until approved by the Governor.

History.--ss. 44-47, 49, ch. 8502, 1921; s. 7, ch. 9337, 1923; ss. 5, 6, ch. 10185, 1925; CGL 2057-2060, 2062; s. 1, ch. 25112, 1949; s. 78, ch. 77-104; s. 2, ch. 85-168; s. 1, ch. 88-72; s. 4, ch. 92-86; s. 1, ch. 94-261; s. 839, ch. 95-148; s. 1, ch. 96-333.

Note.--Former ss. 250.51, 250.52, 250.53, 250.54, 250.56.