The Florida Senate

250.01  Definitions.

250.02  Militia.

250.03  National Defense Act.

250.04  Naval militia; marine corps.

250.05  Department of Military Affairs.

250.06  Commander in chief.

250.07  Composition of Florida National Guard; organization of departments for army and air.

250.08  Florida National Guard organized.

250.09  Appropriations, property and equipment.

250.10  Appointment and duties of the Adjutant General.

250.12  Appointment of commissioned and warrant officers.

250.13  General officers.

250.16  Authority to incur charge against state.

250.175  Federal Law Enforcement Trust Fund.

250.18  Commissioned officers and warrant officers, clothing and uniform allowance.

250.19  Expenses for travel on military business.

250.20  Maintenance allowances.

250.21  Retired list of the Florida National Guard.

250.22  Retirement.

250.23  Pay for active service in state.

250.24  Pay and expenses; appropriation; procedures.

250.25  Governor and Comptroller authorized to borrow money.

250.26  Transfer of funds.

250.27  Active service defined; orders to specify allowance of pay, travel, or expenses.

250.28  Order for troops to aid civil authorities.

250.29  Duty of officer receiving order to aid civil authority; penalty for failure to comply.

250.30  Orders of civil authorities; tactical direction of troops; efforts to disperse before attack.

250.31  Liability of members of the organized militia; defense of actions or proceedings.

250.32  Commanding officer's control of arms sales.

250.33  Powers of commanding officer in active service.

250.34  Injury or death in active service.

250.341  Cancellation of health insurance.

250.35  Courts-martial.

250.36  Mandates and process.

250.37  Expenses of courts-martial.

250.375  Medical officer authorization.

250.38  Liability.

250.39  Penalty for contempt.

250.40  Armory Board; armories, how obtained.

250.41  Armory defined; control and management of state military properties; annual report of Armory Board.

250.42  Armory Board; authority to convey, lease, or release certain lands or acquire, renovate, or construct certain facilities.

250.43  Wearing of uniform and insignia of rank; penalty.

250.44  Military equipment regulations; penalties.

250.45  Military uniform discriminated against; penalty.

250.46  Salaried employees not entitled to additional pay.

250.47  Governor's permission for unit to leave state.

250.48  Leaves of absence.

250.481  Reserve components; employment discrimination prohibited.

250.482  Troops ordered into state active service; not to be penalized by employers and postsecondary institutions.

250.49  Annual encampment.

250.51  Insult to troops; penalty.

250.52  Unlawful to persuade citizens not to enlist; penalty.

250.5201  Stay of proceedings where troops called out into state active service.

250.5202  Actions for rent or possession by landlord during state active duty.

250.5204  Installment contracts for purchase of property; penalty.

250.5205  Mortgages, trust deeds, etc.; penalty.

250.01  Definitions.--

(1)  For the purpose of this chapter the words "National Defense Act" shall be taken to mean an Act of the Congress entitled "An Act for making further and more effectual provisions for the national defense, and for other purposes," approved by the President June 3, 1916, and any and all acts that have been enacted or may hereafter be enacted by the Congress amendatory thereof and supplementary thereto.

(2)  The designations of all military units shall be the same as similar units are designated in the tables of organization of federal military establishments.

History.--s. 3, ch. 8502, 1921; CGL 2014; s. 1, ch. 25112, 1949.

Note.--Former s. 250.03.

250.02  Militia.--

(1)  The militia shall consist of all able-bodied citizens of this state, and all other able-bodied persons who shall have declared their intention to become citizens.

(2)  The organized militia shall be composed of the National Guard and such other organized military forces as are now or may be authorized by law.

(3)  The unorganized militia shall be composed of all persons subject to military duty but who are not members of units of the organized militia.

(4)  Only persons exempt from military duty by the terms of the National Defense Act shall be exempt from military duty in this state.

History.--s. 4, ch. 8502, 1921; CGL 2015; s. 1, ch. 25112, 1949; s. 1, ch. 73-93.

Note.--Former ss. 250.04, 250.05.

250.03  National Defense Act.--All provisions of the National Defense Act and all laws amendatory thereof and supplemental thereto insofar as they relate to the Florida National Guard, and are not inconsistent with the State Constitution, are declared to be a part of the military laws of the state and the Governor of Florida, as commander in chief, may do and perform all acts and make and publish such rules and regulations to raise and keep the Florida National Guard in every respect up to the standard required by the laws of the United States and the rules and regulations of the Secretary of Defense governing the National Guard, now existing or which may hereafter be enacted or promulgated for the National Guard.

History.--s. 16, ch. 8502, 1921; CGL 2028; s. 1, ch. 25112, 1949.

Note.--Former s. 250.18.

250.04  Naval militia; marine corps.--The Governor is authorized in his or her discretion to organize a naval militia and a marine corps in accordance with the laws now existing or which may hereafter be enacted by the Congress governing the Naval Militia or Marine Corps of the United States, and regulations issued by the Secretary of the Navy for the government of the United States Navy, Naval Militia and Marine Corps.

History.--s. 17, ch. 8502, 1921; CGL 2029; s. 1, ch. 25112, 1949; s. 99, ch. 95-148.

Note.--Former s. 250.19.

250.05  Department of Military Affairs.--

(1)  The agency of the state government heretofore known as the Military Department shall henceforth be known as the Department of Military Affairs of the State, which shall be composed of the military forces as provided in the laws of this state.

(2)  "Military personnel of the Department of Military Affairs" includes any person who is required to wear a military uniform in the performance of his or her official duties, and who is required to serve in the Florida National Guard as a condition of his or her employment by the department.

History.--ss. 5, 40, ch. 8502, 1921; CGL 2016, 2052; s. 1, ch. 25112, 1949; s. 1, ch. 57-82; s. 2, ch. 73-93; s. 1, ch. 90-67; s. 100, ch. 95-148.

Note.--Former s. 250.46.

250.06  Commander in chief.--

(1)  The Governor of Florida shall be the commander in chief of all the militia of the state.

(2)  The Governor of Florida, as commander in chief, may alter, increase, divide, annex, consolidate, disband, organize or reorganize an organization, department, corps, or staff, so as to conform as far as practicable to any organization, system, drill, instruction, corps or staff, uniform or equipment, or period of enlistment, now or hereafter prescribed by the laws of the United States, and the rules and regulations promulgated thereunder by the Department of Defense, for the organization, armament, training, and discipline of the organized militia.

(3)  The Governor shall have the power, in order to preserve the public peace, execute the laws of the state, suppress insurrection, repel invasion, respond to an emergency as defined in s. 252.34(3) or imminent danger thereof, or in case of the calling of all or any portion of the militia of Florida into the services of the United States, to increase the organized militia of this state and organize the same in accordance with the existing rules and regulations governing the Armed Forces of the United States, or in accordance with such other system as the Governor may consider the exigency to require; and such organization and increase may be either pursuant to or in advance of any call made by the President. The Governor shall have the power, in order to preserve the public peace, execute the laws of the state, or respond to an emergency as defined in s. 252.34(3), to order into active service of the state all or any part of the militia that he or she may deem proper. During the absence of any organization in the service of the United States, its state designation shall not be given to any new organization.

(4)  The Governor may authorize all or any part of the organized militia to participate in any parade, review, or other public exercise or to serve for escort duty, to provide extraordinary support to law enforcement upon request, and to provide humanitarian relief in situations for which it is uniquely qualified; and such expenses incidental thereto as the Governor may authorize may be paid as hereinafter provided for active service.

History.--ss. 7, 8, ch. 8502, 1921; CGL 2018, 2019; s. 1, ch. 25112, 1949; s. 3, ch. 73-93; s. 12, ch. 83-334; s. 101, ch. 95-148; s. 2, ch. 96-333.

Note.--Former ss. 250.07, 250.08.

250.07  Composition of Florida National Guard; organization of departments for army and air.--The Florida National Guard shall consist of members of the militia enlisted therein and of commissioned officers and warrant officers who are citizens of the United States, organized, armed, equipped, and federally recognized, in accordance with the laws of the state and the laws and regulations of the Department of the Army and the Department of the Air Force. The state headquarters of the Florida National Guard shall be organized so as to establish a department for army and a department for air. The state headquarters will be under the administration of the state Adjutant General, who shall hold the rank of major general or such higher rank as may be authorized by applicable tables of organization of the Department of the Army. There shall be an Assistant Adjutant General for Army who shall hold rank, not higher than brigadier general, and who shall assist and advise the Adjutant General in the supervision and operation of the Florida Army National Guard, and an Assistant Adjutant General for Air who shall hold rank, not higher than brigadier general, and who shall assist and advise the Adjutant General in the supervision and operation of the Florida Air National Guard. Each of the three aforementioned officers shall be a federally recognized officer of the Florida National Guard, who shall have served therein as such for at least 5 years and has attained the rank of major or higher.

History.--s. 6, ch. 8502, 1921; s. 1, ch. 10185, 1925; s. 1, ch. 12089, 1927; CGL 2017; s. 1, ch. 25112, 1949; s. 1, ch. 59-67.

Note.--Former s. 250.06.

250.08  Florida National Guard organized.--The Governor of Florida may perform any and all acts, and make and publish all such rules and regulations, as he or she may deem necessary to effect the organization or reorganization of the Florida National Guard, in conformity to the terms of the National Defense Act, and the rules, regulations, and proclamations promulgated by the President or the Department of Defense, relating to the National Guard of this or the several states.

History.--s. 1, ch. 8502, 1921; CGL 2012; s. 1, ch. 25112, 1949; s. 102, ch. 95-148.

Note.--Former s. 250.01.

250.09  Appropriations, property and equipment.--The Governor of Florida may take all necessary steps to obtain all appropriations, property and equipment, now or hereafter provided by the United States or authorized by law for the use, aid, equipment, benefit, or instruction of the National Guard.

History.--s. 2, ch. 8502, 1921; CGL 2013; s. 1, ch. 25112, 1949.

Note.--Former s. 250.02.

250.10  Appointment and duties of the Adjutant General.--

(1)  In case of a vacancy, the Governor shall, subject to confirmation by the Senate, appoint a federally recognized officer of the Florida National Guard who shall have served therein as such for the preceding 5 years and attained the rank of colonel or higher, to be the Adjutant General of the state with the rank of not less than brigadier general or such higher rank as may be authorized by applicable tables of organization of the Department of the Army. The Adjutant General and all other officers of the Florida National Guard on permanent duty with the Department of Military Affairs and who are paid from state funds shall receive the pay and allowances of their respective grade as prescribed by applicable pay tables of the national military establishment for similar grade and period of service of personnel, unless a different rate of pay and allowances be specified in the appropriation bill, in which event such pay shall be the amount therein specified. An officer, with his or her consent, may be ordered to active state service for administrative duty with the Department of Military Affairs at a grade lower than the officer currently holds.

(2)  The Adjutant General of the state shall be the Chief of the Department of Military Affairs. He or she shall:

(a)  Supervise the receipt, preservation, repair, distribution, issue, and collection of all arms and military stores of the state.

(b)  Supervise all troops, arms, and branches of the militia, such supervisory powers covering primarily all duties pertaining to their organization, armament, discipline, training, recruiting, inspection, instruction, pay, subsistence, and supplies.

(c)  Maintain records of all officers and men and women of the organized militia, and keep on file in the Adjutant General's office, copies of all orders, reports, and communications received and issued by him or her.

(d)  Cause the law and orders relating to the militia of Florida to be indexed, printed, and bound, and prepare and publish blank books, forms, and stationery when necessary, and furnish them at the expense of the state.

(e)1.  Prepare and publish by order of the Governor such orders, rules and regulations, consistent with law, as are necessary to bring the organization, armament, equipment, training, and discipline of the Florida National Guard to a state of efficiency as nearly as possible to that of the regular United States Army and Air Force, and the Adjutant General shall attest all orders of the commander in chief relating to the militia.

2.  Establish by directive an organized and supervised physical fitness program for state active duty personnel of the Department of Military Affairs, provided that the program does not exceed 1 hour per day, for a maximum of 3 hours per week, and originates and terminates at the normal work site. All fees, membership dues, equipment, and clothing relating to such physical fitness program shall be at no cost to the state. Administrative leave, not to exceed 3 hours per week, shall be provided by the department to all state active duty personnel participating in the physical fitness program.

(f)  Prepare such reports and returns as the Secretary of Defense may prescribe and require.

(g)  Provide military police or security guards to secure or guard any state military reservation or armory that the Adjutant General finds necessary to secure or guard.

(h)  Perform such other duties as may be required of the Adjutant General by the commander in chief.

(i)  The Adjutant General may employ such clerical help as is necessary for the proper conduct of the Department of Military Affairs, and he or she is authorized to accept such clerical, technical, or other assistants as may be provided by the Federal Government.

(j)  Establish and maintain as part of the Adjutant General's office a repository of records of the services of Florida troops, including Florida officers and enlisted personnel, during all wars, and shall be the custodian of all records, relics, trophies, colors, and histories relating to such wars, now in possession of or which may be acquired by the state.

(k)  The Adjutant General shall have a seal of office, to be approved by the commander in chief, and all copies of papers in his or her office, duly certified and authenticated under the said seal, shall be admissible in evidence in all cases in like manner as if the original were produced.

(l)  The Adjutant General shall, upon request, provide a summary to the Governor on the number and condition of the organized militia, and the number and condition of the arms and accouterments in the custody of the state, and shall transmit to the Governor at said time a detailed report of all funds and moneys received and disbursed by the Department of Military Affairs. The Adjutant General may also make such recommendations as to needed legislation as he or she may deem proper.

(3)  There shall be furnished suitable buildings for conducting the business of the Department of Military Affairs and for the proper storage, repair and issuance of military property.

(4)  The Adjutant General shall employ a federally recognized officer of the Florida National Guard who shall have served therein as such for the preceding 5 years and have obtained the rank of colonel or higher, to be the Assistant Adjutant General for Army who shall perform such duties as the Adjutant General may require.

¹(5)  The Adjutant General shall employ a federally recognized officer of the Florida National Guard as the state quartermaster who under the direction of the Adjutant General is accountable for all funds accruing to the Department of Military Affairs and shall receive, preserve, repair, issue, distribute, and account for all Department of Military Affairs property, including real estate pertaining to the State Armory Board, and shall construct, maintain, improve, and repair facilities pertaining to the Department of Military Affairs and the armory board. The state quartermaster will be the recorder of the armory board and will perform such other duties as may be required of him or her by the Adjutant General.

(6)  The Adjutant General shall employ a federally recognized officer of the Florida National Guard, who shall have served therein as such for the preceding 5 years and have attained the rank of colonel or higher, to be the Assistant Adjutant General for Air who shall perform such duties as the Adjutant General may require.

(7)  The Adjutant General and representatives of the Board of Regents, the State Board of Community Colleges, and the State Board of Education shall design and develop a tuition assistance program for members in good standing of the active Florida National Guard who enroll in a public institution of higher learning in the state in accordance with the provisions of subsection (8).

(a)  The program shall set forth application requirements which include, but are not limited to, requirements that the applicant shall:

1.  Be 17 years of age or older.

2.  Be presently domiciled in the state.

3.  Be a member in good standing in the active Florida National Guard at the beginning of and throughout the entire academic term for which benefits are received.

4.  Maintain continuous satisfactory participation in the active Florida National Guard for any school term for which exemption benefits are received.

5.  Agree in writing to serve in the active Florida National Guard for 3 years after completion of the studies for which an exemption is granted.

(b)  The program shall include, but not be limited to, the following penalties:

1.  When a member of the active Florida National Guard receives an exemption from tuition and fees for any academic term and fails to maintain satisfactory participation in the Florida National Guard during such academic term, the exemption shall immediately be forfeited and the member shall be required to pay to the institution all tuition charges and student fees for the current academic term for which the exemption has been granted.

2.  When a member of the active Florida National Guard leaves the Florida National Guard during the 3-year period such member had agreed to serve after completing the courses for which exemptions were granted, the member shall be required to reimburse the state for all tuition charges and student fees for which such member received exemptions, unless the Adjutant General determines there are justifiable extenuating circumstances.

3.  If the service of a member of the active Florida National Guard is terminated or the member is placed on scholastic probation while receiving exemption benefits, the exemption shall be immediately forfeited and the member shall pay to the institution all tuition charges and student fees for the current academic term for which the member has received an exemption.

(c)  The program shall define those members of the active Florida National Guard ineligible to participate in the program and those courses of study not authorized for the program.

1.  Such members shall include, but not be limited to:

a.  Any member, commissioned officer or warrant officer or enlisted person, who has a baccalaureate degree.

b.  Any member who has 15 years or more of total military service creditable toward retirement.

c.  Any member who has not completed basic military training.

2.  Courses not authorized include noncredit courses, courses which do not meet degree requirements, or courses which do not meet requirements for completion of vocational-technical training.

(d)  The Adjutant General, together with the Board of Regents, the State Board of Community Colleges, and the State Board of Education, shall promulgate rules for the overall policy, guidance, administration, implementation, and proper utilization of the program. Such rules shall include, but not be limited to, guidelines for certification by the Adjutant General of a guard member's eligibility, procedures for notification to an institution of a guard member's termination of eligibility, and procedures for restitution when a guard member fails to comply with the penalties described in paragraph (b).

(8)  The Department of Military Affairs is authorized to administer an educational tuition assistance program for members of the Florida National Guard who qualify pursuant to subsection (7).

(a)  Members of the Florida National Guard shall be exempt from payment of one-half of tuition and fees subject to the following limitations:

1.  Participation in the program shall not exceed a period of 10 years from the date of enrollment in the tuition assistance program, or shall continue until graduation or termination of the full-time or part-time student, whichever occurs earlier.

2.  Florida National Guard members shall be admitted on a space-available basis.

(b)  Notwithstanding paragraph (a) and subject to appropriations, the Department of Military Affairs may pay the full cost of tuition and fees for required courses for members of the Florida National Guard if a member is unable to obtain admittance on a space-available basis and, at least on one previous occasion, the member was denied admission to the required course.

(c)  Subject to appropriations, the Department of Military Affairs may pay the full cost of tuition and fees for required courses for members of the Florida National Guard who enlist after June 30, 1997.

History.--ss. 10, 101/2, 12, 13, ch. 8502, 1921; s. 2, ch. 10185, 1925; CGL 2021, 2022, 2024, 2025; s. 4, ch. 20849, 1941; s. 1, ch. 25112, 1949; s. 83, ch. 73-333; s. 5, ch. 77-85; s. 114, ch. 79-400; s. 1, ch. 86-239; s. 2, ch. 90-165; s. 1, ch. 91-302; s. 2, ch. 92-86; s. 1, ch. 94-229; s. 838, ch. 95-148; s. 24, ch. 95-196; s. 1, ch. 95-422; s. 8, ch. 97-100; ss. 1, 2, ch. 97-158; s. 28, ch. 98-34; s. 1, ch. 98-179.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

Note.--Former ss. 250.11, 250.12, 250.14, 250.15.

250.12  Appointment of commissioned and warrant officers.--The appointment of commissioned officers and warrant officers shall conform in number, rank and designation, and shall be based upon and made in conformity with tables of organization for the National Guard as prescribed in National Guard regulations published by the National Guard Bureau. The appointees shall hold their appointments subject to continuance of federal recognition, or attainment of age 64 years, unless relieved by reason of resignation, disability, or for a cause to be determined by a court-martial or efficiency board, legally convened for that purpose. Vacancies shall, when practicable, be filled by appointment from personnel of the National Guard of this state.

History.--s. 11, ch. 8502, 1921; s. 1, ch. 14761, 1931; s. 7, ch. 20849, 1941; CGL 2023; s. 1, ch. 25112, 1949.

Note.--Former s. 250.13.

250.13  General officers.--All general officers of the Florida National Guard shall be appointed by the Governor, subject to confirmation by the Senate.

History.--s. 18, ch. 8502, 1921; CGL 2030; s. 1, ch. 25112, 1949; s. 6, ch. 77-85.

Note.--Former s. 250.20.

250.16  Authority to incur charge against state.--No officer of the militia or National Guard shall make any purchases or enter into any contract or agreement for purchases or services as a charge against the state without the authority of the Adjutant General.

History.--s. 29, ch. 8502, 1921; s. 3, ch. 10185, 1925; CGL 2041; s. 1, ch. 25112, 1949.

Note.--Former s. 250.32.

250.175  Federal Law Enforcement Trust Fund.--

(1)  The Federal Law Enforcement Trust Fund is created within the Department of Military Affairs. The department may deposit into the trust fund receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing programs. The trust fund is exempt from the service charges imposed by s. 215.20.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

(3)  Pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the trust fund shall, unless terminated sooner, be terminated on July 1, 2002. Prior to its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 98-394.

250.18  Commissioned officers and warrant officers, clothing and uniform allowance.--

(1)  Acceptance of appointment as a commissioned or warrant officer in the National Guard of Florida shall involve an obligation upon the part of the appointee to immediately supply such arms, uniform, and articles of personal military equipment as are prescribed under Department of the Army and Department of the Air Force regulations for commissioned or warrant officers of the National Guard or officers of the Army or Air Force of the United States, of like grade and office.

(2)  There shall be paid, upon appointment, to each federally recognized commissioned and warrant officer in the Florida National Guard, upon the officer's requisition, approved by the Adjutant General, the sum of $100 as a uniform allowance.

History.--s. 41, ch. 8502, 1921; s. 6, ch. 9337, 1923; s. 4(e), ch. 12089, 1927; CGL 2053(e); s. 4, ch. 14761, 1931; CGL 1936 Supp. 2039(1); s. 1, ch. 25112, 1949; s. 1, ch. 91-139.

Note.--Former s. 250.30.

250.19  Expenses for travel on military business.--Any officer or enlisted person of the Florida National Guard, traveling on military business not with troops, in obedience to the orders of the Governor, shall be reimbursed for expenses incurred in the performance of such duties as prescribed by law for state officers and employees.

History.--s. 28, ch. 8502, 1921; CGL 2040; s. 1, ch. 25112, 1949; s. 103, ch. 95-148.

Note.--Former s. 250.31.

250.20  Maintenance allowances.--

(1)  There shall be paid quarterly to the post commander of each National Guard armory from funds appropriated to the Department of Military Affairs, upon the approval of the Adjutant General, a monetary allowance based on a calculation of need as determined by the Adjutant General, exclusive of any space utilized and maintained by a federally funded activity of the Florida National Guard. The allowance shall cover costs for the operation, maintenance, and repair of the armory facilities, and for necessary expenses of the units located at the armory. The amount of the allowance shall be computed by the Adjutant General as of June 30 of each year for purposes of determining the total amounts payable for inclusion in his or her budget request to the Legislature.

(2)  Payment of all allowances authorized under this section shall be subject to such rules as may be prescribed by the Adjutant General and all moneys so paid shall be treated as public moneys and accounted for as prescribed by rules.

(3)  In the event an insufficient appropriation be made to the Department of Military Affairs to pay the allowances hereinabove set forth in subsection (1), or if for other sufficient reason said amounts require redistribution among the National Guard armories, then the amount to be paid to such armories shall be adjusted as may be administratively determined by the Adjutant General.

History.--s. 41, ch. 8502, 1921; s. 6, ch. 9337, 1923; s. 4, ch. 12089, 1927; CGL 2053; s. 1, ch. 13639, 1929; CGL 1936 Supp. 2053; s. 1, ch. 25112, 1949; s. 1, ch. 59-271; s. 1, ch. 77-22; s. 104, ch. 95-148.

Note.--Former s. 250.47.

250.21  Retired list of the Florida National Guard.--

(1)  A commissioned officer, warrant officer, or enlisted person who has served 20 years in the active elements of the Florida National Guard may, upon application, be placed upon the retired list.

(2)  A place on the retired list being a distinction only given in recognition of long and meritorious service, no officer or enlisted person will ever be retired whose service has not been honest and faithful; nor will any officer or enlisted person be retired as a means of punishment.

(3)  Individuals making application for retirement shall be retired with rank held by the person at the time of making such application or with highest rank attained while serving in the Florida National Guard or the federal forces.

(4)  The names of officers and enlisted personnel on the retired list shall be kept on a separate roster under the supervision of the Adjutant General. They shall report to the Adjutant General once a year by letter, during the month of December, and failing to do so, their names may be dropped from the rolls of the retired list of the Florida National Guard. They shall also report to the Adjutant General any change in their place of residence and address.

(5)  Individuals now carried on the retired list roster of the state Adjutant General are hereby placed on the retired list of the Florida National Guard.

History.--s. 441/2, ch. 8502, 1921; ss. 7, 8, ch. 12089, 1927; CGL 2056; s. 2, ch. 13639, 1929; s. 1, ch. 25112, 1949; s. 4, ch. 73-93; s. 2, ch. 91-139.

Note.--Former s. 250.50.

250.22  Retirement.--

(1)  Any person who is at least 62 years of age and who has completed not less than 30 years of service as an officer or enlisted person in the Florida National Guard (exclusive of time served on the inactive or retired lists) on, before, or subsequent to the passage of this section is eligible upon application, whether on the active or retired list of the Florida National Guard, to be retired under the provisions of this section at the highest rank attained while serving in the Florida National Guard or the federal military forces, and shall receive pay in an amount equal to one-half of the base pay as is now or hereafter may be prescribed in the applicable pay tables for similar grades and periods of service of personnel in the United States Army or Air Force; provided that, in computing service in the Florida National Guard, service in federal military forces during a period of war or upon order of the President of the United States, in any military duty, where the applicant has been inducted from the Florida National Guard shall be included; and provided further that, in computing such service performed after July 1, 1955, only federally recognized service shall be included. Eligibility for retirement under this section is in addition to any other retirement that such person is eligible to receive; provided, however, that retirement pay under this section shall be reduced by any amount of retirement pay, pension, or compensation which such person is eligible to receive from the Federal Government for military service.

(2)  Any person who is at least 60 years of age (but less than 62 years of age) and is otherwise qualified to receive the retirement pay provided in subsection (1) may elect to retire and thereafter receive a reduced benefit which would be the actuarial equivalent of the person's benefit under subsection (1).

(3)  Sufficient money to meet the requirements of this section is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, and payments under this section will be made to those eligible to receive the same on the first day of each calendar month from the General Revenue Fund by the Comptroller upon prescribed pay vouchers certified to by the Adjutant General of the state.

(4)  In computing time of service of an officer or enlisted person in the Florida National Guard for purposes of retirement under this section, service in federal military forces during the period from August 27, 1940, to December 31, 1946, from June 29, 1950, to January 31, 1955, from August 5, 1964, to May 7, 1975, and from August 1, 1990, to September 1, 1991, all dates inclusive, when inducted into such federal service from the Florida National Guard, shall be included at double the time of actual service.

(5)  Upon the death of any person receiving monthly benefits under this section, the monthly benefits shall be paid through the last day of the month of death and shall terminate on that date.

(6)  All powers, duties, and functions related to the administration of this section are vested in the Division of Retirement.

History.--ss. 1, 2, ch. 20848, 1941; s. 1, ch. 23018, 1945; s. 1, ch. 25112, 1949; ss. 1, 2, ch. 29725, 1955; s. 3, ch. 77-124; s. 8, ch. 80-130; s. 1, ch. 88-112; s. 1, ch. 89-119; s. 3, ch. 91-139; s. 3, ch. 92-86; s. 101, ch. 92-279; s. 55, ch. 92-326; s. 38, ch. 94-249.

Note.--Former ss. 250.76, 250.78.

250.23  Pay for active service in state.--

(1)  Officers and enlisted personnel of the Florida National Guard, when ordered to active service by the state, as now defined by law, shall receive the pay and allowance as prescribed in the applicable pay tables for similar grades and periods of service of personnel in the United States Army or Air Force. Enlisted personnel shall be provided subsistence in kind or commutation therefor in such amount as may be prescribed by the Adjutant General.

(2)  Enlisted personnel of the Florida National Guard who are ordered to active service by the state, as now defined by law, shall be paid $20 per day in addition to any and all other compensation provided.

History.--s. 30, ch. 8502, 1921; s. 4, ch. 9337, 1923; s. 3, ch. 12089, 1927; CGL 2042(a); s. 2, ch. 14761, 1931; CGL 1936 Supp. 2042(1); s. 1, ch. 22038, 1943; s. 1, ch. 25112, 1949; s. 1, ch. 81-140; s. 1, ch. 82-92.

Note.--Former s. 250.33.

250.24  Pay and expenses; appropriation; procedures.--

(1)  The pay and expenses of troops ordered out in active service of the state shall be paid from any appropriation for preserving the public peace or from the pay and expenses of troops ordered out in aid of civil authorities. Payments shall be made upon prescribed forms of payrolls and vouchers, accompanied by copies of the order under which troops were acting, certified by the Adjutant General and approved by the Governor. In those instances where the payment will be made from the Department of Military Affairs annual appropriation, the payroll need not be approved by the Governor. The Adjutant General shall be the sole authority of said pay.

(2)  An estimated cost for pay, allowances, and expenses shall be calculated by the Adjutant General as soon as possible after the troops are ordered out in active service of the state; and the Adjutant General shall request a release of moneys for such purpose.

(3)  Notwithstanding the provision of s. 216.271, moneys for pay and allowances of the troops ordered out in active service of the state shall be deposited in a separate revolving fund, which shall be approved by the Comptroller and shall be subject to the provisions of s. 18.101(2). The Department of Military Affairs shall administer the fund. Frequency of payments to such troops shall be at the discretion of the Adjutant General. The Department of Military Affairs shall present to the Comptroller audit documentation of such payments. The Department of Military Affairs shall maintain all employee records relating to payments made pursuant to this subsection and shall furnish to the Comptroller the information necessary to update the payroll master record of each employee.

(4)  The fund balance remaining in this separate revolving fund after a final accounting of all expenditures for pay and allowances of the troops shall be returned for deposit to the State Treasury within 45 days after the termination of active duty of the troops, except that an operating balance in an amount mutually agreed upon by the Comptroller and the Department of Military Affairs shall be retained in the fund.

(5)  Vouchers for expenditures other than such pay and allowances shall be presented to the Comptroller for approval and payment as prescribed by law.

History.--s. 30, ch. 8502, 1921; s. 4, ch. 9337, 1923; s. 3, ch. 12089, 1927; CGL 2042; s. 1, ch. 25112, 1949; s. 5, ch. 73-93; s. 2, ch. 82-92; s. 13, ch. 83-132; s. 3, ch. 96-333.

Note.--Former s. 250.34.

250.25  Governor and Comptroller authorized to borrow money.--When there is no state appropriation available for the pay and expenses of troops called out in active service to preserve the peace or in aid of civil authorities, and funds are not immediately available for this purpose, the Governor and Comptroller may borrow money to make such payments, in such sum or sums as may from time to time be required, and any such loans, so obtained, shall be promptly repaid out of the first funds that become available for such use.

History.--s. 30, ch. 8502, 1921; s. 4, ch. 9337, 1923; s. 3, ch. 12089, 1927; CGL 2042; s. 1, ch. 25112, 1949.

Note.--Former s. 250.35.

250.26  Transfer of funds.--Where the available funds are not sufficient for the purposes specified in ss. 250.23, 250.24, and 250.34, the Governor and Comptroller may transfer from any available fund in the State Treasury, such sum as may be necessary to meet such emergency, and the said moneys, so transferred, shall be repaid to the fund from which transferred when moneys become available for that purpose by legislative appropriation or otherwise.

History.--s. 30, ch. 8502, 1921; s. 4, ch. 9337, 1923; s. 3, ch. 12089, 1927; CGL 2042; s. 1, ch. 25112, 1949.

Note.--Former s. 250.36.

250.27  Active service defined; orders to specify allowance of pay, travel, or expenses.--The troops ordered into the service of the state for the enforcement of the law, the preservation of the peace, or for the security of the rights or lives of citizens, protection of property, or ceremonies shall be deemed to be in active service. Officers and enlisted personnel employed under orders of the Governor in recruiting; making tours of instruction; inspection of troops, armories, storehouses, campsites, rifle ranges, and military property; sitting on general or special courts-martial, boards of examination, courts of inquiry, or boards of officers; or making and assisting in the physical examinations, shall be deemed to be in active service when it is so specified in orders. Orders shall specify in every case if pay and travel or expenses are allowed.

History.--s. 31, ch. 8502, 1921; CGL 2043; s. 1, ch. 25112, 1949; s. 4, ch. 91-139.

Note.--Former s. 250.37.

250.28  Order for troops to aid civil authorities.--When an invasion or insurrection in the state is made or threatened, or whenever there exists a riot, mob, unlawful assembly, breach of the peace or resistance to the execution of the laws of the state, or there is imminent danger thereof, and the civil authorities are unable to suppress the same, the Governor, or in case the Governor cannot be reached and the emergency will not permit of awaiting his or her orders, the Adjutant General, shall issue an order to the officer in command of the body of troops best suited for the duty for which a military force is required, directing the officer to proceed with the troops, or as many thereof as may be necessary, with all possible promptness, to suppress the same.

History.--s. 32, ch. 8502, 1921; s. 5, ch. 9337, 1923; CGL 2044; s. 1, ch. 25112, 1949; s. 5, ch. 91-139; s. 105, ch. 95-148.

Note.--Former s. 250.38.

250.29  Duty of officer receiving order to aid civil authority; penalty for failure to comply.--Any officer receiving such orders shall immediately notify the officers and enlisted personnel under his or her command, and as soon as the officer's troops can be assembled, proceed to the place where such mob or body of riotous persons assembled to break the law may be, and the officer or the sheriff of the county or other peace officer accompanying the officer, shall warn all such persons to desist and disperse, and use such force as may be necessary to restore peace and overcome resistance. Any officer failing to comply with the provisions of this section and any officer or enlisted person so notified by his or her commanding officer, who shall fail to obey such order, unless prevented by physical disability, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and may also be dismissed or dishonorably discharged by sentence of court-martial.

History.--s. 33, ch. 8502, 1921; CGL 2045, 8124; s. 1, ch. 25112, 1949; s. 145, ch. 71-136; s. 6, ch. 91-139; s. 106, ch. 95-148.

Note.--Former s. 250.39.

250.30  Orders of civil authorities; tactical direction of troops; efforts to disperse before attack.--When an armed force is called out in aid of the civil authorities, the orders of the civil officer or officers may extend to a direction of the general or specific objects to be accomplished and the duration of service by the active militia, but the tactical direction of the troops, the kind and extent of force to be used, and the particular means to be employed to accomplish the objects specified by the civil officers, are left solely to the officers of the active militia. Every endeavor consistent with the preservation of life and property must be made, both by the civil officers and officers commanding the troops, to induce rioters or persons lawlessly assembled to disperse before an attack is made upon them by which their lives may be endangered.

History.--s. 34, ch. 8502, 1921; CGL 2046; s. 1, ch. 25112, 1949.

Note.--Former s. 250.40.

250.31  Liability of members of the organized militia; defense of actions or proceedings.--

(1)  Members of the organized militia ordered into the active service of the state or ordered into federal training or duty shall not be liable, civilly or criminally, for any lawful act or acts done by them in the performance of their duty, while acting in good faith and while acting in the scope of either state or federal duty. For purposes of this section, Florida National Guard personnel serving in any drug interdiction program under the authority of the Governor shall be considered to be in the active service of the state.

(2)  In any action or proceeding of any nature, civil or criminal, commenced in any court by any person or by the state against any member of the organized militia because of any such act done or caused, ordered, or directed to be done, the defendant in such action or proceeding, upon his or her request, shall be defended at the expense of the state by a qualified attorney or attorneys designated by the Department of Legal Affairs. However, nothing in this section shall prohibit any such defendant from employing his or her own private counsel at the defendant's own expense.

(3)  Such defendant may be ordered to state active duty with full pay and allowances for such time as his or her presence is required in defense of such actions or proceedings.

(4)  In any such action or proceeding, in the event that the plaintiff shall dismiss his or her suit, or a verdict or judgment in favor of the defendant or defendants is entered, the court shall award costs and reasonable attorney's fees incurred by the state and the defendant in the defense of such action or proceeding.

History.--s. 35, ch. 8502, 1921; CGL 2047; s. 1, ch. 25112, 1949; s. 1, ch. 73-92; s. 1, ch. 87-379; s. 13, ch. 91-139; s. 1, ch. 91-259; s. 107, ch. 95-148.

Note.--Former s. 250.41.

250.32  Commanding officer's control of arms sales.--When any part of the militia of Florida is in active service by the order of the Governor to aid in the enforcement of the laws, the commanding officer of such troops may order the closing of any places where arms, ammunition, dynamite, explosives, or intoxicating liquors, are sold, and forbid the selling, bartering, lending or giving away of any of said commodities in the city, town, or village where the troops are on duty, or in the vicinity of such place, for so long as any of the troops remain on duty in said vicinity. Such orders shall take effect whether any civil officer has issued a similar order; and the commanding officer of such troops may continue said prohibition in force until the departure of the troops, although the sheriff, mayor or intendant of the county, city, town or village may have prescribed an earlier or different date after which such selling, bartering, lending or giving away shall be carried on.

History.--s. 36, ch. 8052, 1921; CGL 2048; s. 1, ch. 25112, 1949.

Note.--Former s. 250.42.

250.33  Powers of commanding officer in active service.--The commanding officer of troops in camp, garrison, or other active service may incarcerate and detain until such person can be turned over to the civil authorities, any person guilty of drunkenness, breach of the peace, or disorderly conduct, within 1 mile of such camp, garrison, or station. Such commanding officer may also abate any menace to the health or safety of his or her command, camp, garrison, or station.

History.--s. 38, ch. 8502, 1921; CGL 2050; s. 1, ch. 25112, 1949; s. 108, ch. 95-148.

Note.--Former s. 250.44.

250.34  Injury or death in active service.--

(1)  Every member of the organized militia who shall be injured or disabled while in the active military service of the state under competent orders shall be furnished medical attention and necessary hospitalization at the expense of the state, and shall be continued in a pay status in the active service of the state until such time as a board of inquiry, appointed by the Adjutant General, may determine that the disability no longer justifies such pay, hospitalization or medical attention; provided that in no instance will such pay, hospitalization or medical attention be provided for a period extending more than 1 year from the date that such injury or disability was incurred; and provided further, that such injury or disability was incurred in line of duty and not due to the misconduct of such individual so injured or disabled, as determined by a line of duty board appointed by the Adjutant General.

(2)  The pay such individual shall be entitled to during the period of 1 year from the date of injury or disability shall be either the full military pay and allowances to which such individual would be entitled if on full-time state active service or the amount of compensation provided under ss. 440.14 [F. S. 1973] and 440.15 [F. S. 1973], based on such individual's average weekly wages in his or her civilian occupation or employment at the time of entry into active service of the state during which such injury arose, whichever amount is greater. If a person receiving pay under this subsection obtains gainful employment, whether part time or full time, the pay that he or she is entitled to under this subsection shall be reduced during the duration of that gainful employment by an amount equal to the amount earned from that gainful employment.

(3)  After the expiration of 1 year from the date of injury or disability, such individual shall be provided hospitalization, medical services and supplies, and compensation for wages and compensation for disability based on the average weekly wages of such injured individual on pay status in the active service of the state or in his or her civilian occupation or employment, whichever is greater, in amounts provided under chapter 440 [F. S. 1973], as if such individual were covered under the Workers' Compensation Law, except that payments made during the first year after such injury shall not be duplicated after the expiration of that year. The Division of Risk Management of the Department of Insurance is responsible for processing all claims for benefits under this subsection.

(4)  Every member of the organized militia who shall be killed, or who shall die as the result of injuries incurred, while in active military service of the state under competent orders shall qualify for benefits as a law enforcement officer pursuant to the provisions of s. 112.19 or any successor statute providing for death benefits for law enforcement officers, and the decedent's survivors or estate shall be entitled to the death benefits provided therein. However, nothing in this section shall prohibit survivors or the estate of any such decedent from presenting a claim bill for approval of the Legislature in addition to the death benefits provided in this section.

(5)  Benefits may not be provided under this section for any injury or disability incurred by a member of the organized militia during the period when the member was continued in a pay status in the active service of the state pursuant to subsection (1).

History.--s. 39, ch. 8502, 1921; CGL 2051; s. 3, ch. 14761, 1931; CGL 1936 Supp. 2051, 2053(1); s. 8, ch. 20849, 1941; s. 1, ch. 25112, 1949; s. 1, ch. 73-319; s. 66, ch. 79-40; s. 109, ch. 95-148; s. 2, ch. 95-422; s. 10, ch. 97-96.

Note.--Former s. 250.45.

250.341  Cancellation of health insurance.--Any health insurance policy, certificate, or evidence of health coverage, which was in effect on April 30, 1991, or which is issued or renewed after such date that provides coverage to a member of the Florida National Guard, or a member of any branch of the United States military reserves who is a resident of this state, called to active military duty, must:

(1)  Continue all coverages which were in effect for the person, or the person's dependents covered by the same policy, at the premium in effect for all insured under the same contract, unless the employee requests coverage changes which might alter the premium he or she was paying prior to such activation during the time he or she serves on active duty.

(2)  Reinstate the coverage for any such person who elects not to continue it while on active duty, at the person's request upon return from active duty, without a waiting period or disqualification for any condition which existed at the time he or she was called to active duty. Such reinstatement must be requested within 30 days after returning to work with the same employer or within 60 days if the policy is an individual policy.

(3)  Any coverage available to the insured employee's dependent under the CHAMPUS program will be considered in the payment of any benefits.

(4)  The employee must notify his or her employer of his or her reserve or National Guard status and the employee's intent to invoke the provisions of subsections (1) and (2) prior to leaving his or her employer to report for active military duty.

(5)  Nothing in this section is intended to require an employee group health insurance policy to provide coverage to a person serving on active military duty.

History.--s. 1, ch. 91-38; s. 110, ch. 95-148.

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.

250.36  Mandates and process.--

(1)  Military courts may issue all process and mandates, including writs, warrants, and subpoenas, necessary and proper to carry into full effect the powers vested in said courts. Such mandates and process may be directed to the sheriff of any county and shall be in such form as may, from time to time, be prescribed and published by the Adjutant General in the rules and regulations issued by him or her under this chapter. All officers to whom such mandates and process are directed shall execute the same and make returns of their acts thereunder, according to the requirements of the form of process. Any sheriff or other officer who shall neglect or refuse to perform the duty enjoined upon him or her by this chapter shall be subject to the same liabilities, penalties, and punishments as are prescribed by the law for neglect or refusal to perform any other duty of his or her office.

(2)  When not in the active service of the United States, the Adjutant General and military judges of the Florida National Guard may:

(a)  Execute a pretrial confinement warrant directing the sheriff of any county to hold an accused who has failed to appear for court-martial for a period of 48 hours. The Adjutant General may extend such pretrial confinement for a period not to exceed 15 days;

(b)  Issue subpoenas and subpoenas duces tecum and enforce by attachment the attendance of witnesses and the production of books and papers; and

(c)  Sentence for a refusal to be sworn or to answer as provided in actions before civil courts.

Such warrants, subpoenas, and other process shall run throughout the state as in the trial of civil actions in the circuit courts of the state.

(3)  The Adjutant General or military judge may issue warrants, directed to the sheriff of any county in the state, directing the sheriff to arrest the accused and to bring the accused before the court for trial whenever any such accused shall have disobeyed an order in writing, such order having been delivered to the accused in person or mailed to the accused's last known address from the convening authority to appear before such courts, a copy of the charges having been delivered to the accused with such orders.

(4)  When a sentence of confinement is imposed by any court-martial of the Florida National Guard, the Adjutant General or the Adjutant General's designee whose approval makes effective the sentence imposed by the court-martial shall issue his or her warrant directing the sheriff of the appropriate county to take the delinquent into custody and confine him or her in the jail of such county for the period specified in the sentence of the court. Any sheriff receiving such warrant shall promptly execute the same by taking the delinquent into custody and causing him or her to be confined in said jail. The sheriff or jailer in charge of any county jail shall receive any person committed for confinement in such jail under proper process from a court-martial, and provide for the care, subsistence, and safekeeping of such prisoner just as the sheriff or jailer would a prisoner properly committed for custody under the sentence of any civil court.

(5)  All sums of money collected through fines adjudged by a general, special, or summary court-martial or through the imposition of nonjudicial punishment, of the Florida National Guard shall be paid over at once by the officer collecting the fine to the commanding officer of the organization to which the member belongs and be deposited in accordance with s. 250.40(6)(a)1.

History.--ss. 50, 52, ch. 8502, 1921; ss. 9, 11, ch. 9337, 1923; s. 8, ch. 10185, 1925; CGL 2063, 2065; s. 1, ch. 25112, 1949; s. 22, ch. 73-334; s. 3, ch. 85-168; s. 1, ch. 88-297; s. 5, ch. 92-86; s. 111, ch. 95-148.

Note.--Former ss. 250.57, 250.59.

250.37  Expenses of courts-martial.--

(1)  All expenses incurred in a court-martial proceeding, including the payment of court reporters, sheriff's fees for service of warrants, summons, subpoenas and all other necessary and lawful fees to civil officers for service, and witness fees at the same rate allowed by law in criminal cases, together with the pay, subsistence, and necessary expenses of the members of the court, shall, except as provided in subsection (4) below, be paid by the state in the usual manner upon the approval of the Governor. Members of the court shall be reimbursed for travel expenses as provided in s. 112.061. Courts-martial may subpoena any witness residing within the state to appear and testify before it, and the sheriff of any county upon receiving any subpoena issued by direction of a court-martial, and signed by the military judge or president thereof or summary court officer, shall make service and return of service as provided by law in criminal cases.

(2)  The employment of a court reporter shall be authorized by the convening authority for all general courts-martial, and may be authorized by the convening authority for special courts-martial. When a court reporter is employed, he or she shall be paid upon the certificate of the military judge or president of the court and the approval of the Adjutant General from the military appropriation, such fees as are provided for official reporters.

(3)  Fees for the service of all process issuing out of military courts and for the attendance of witnesses to attend such courts shall be the same as provided by law for the service of similar process issued by the civil courts of the state.

(4)  In trials by summary court, the sheriff's costs and fees, including costs of subsistence of the soldier or soldiers, if sentenced to confinement, shall be paid by the county in which the summary court convenes and exercises its jurisdiction and powers. Such costs, fees and subsistence charges to be made from the fine and forfeiture fund of any such county.

History.--ss. 48, 51, 54, 55, ch. 8502, 1921; ss. 8, 10, ch. 9337, 1923; ss. 7, 9, ch. 10185, 1925; CGL 2061, 2064, 2067, 2068; s. 1, ch. 25112, 1949; s. 10, ch. 26484, 1951; s. 19, ch. 63-400; s. 4, ch. 85-168; s. 112, ch. 95-148.

Note.--Former ss. 250.55, 250.58, 250.61, 250.62.

250.375  Medical officer authorization.--Physicians who hold an active license to practice medicine in any other state or Puerto Rico, while serving in Florida as medical officers in the Florida National Guard, pursuant to federal or state orders, are expressly authorized to practice medicine in Florida on military personnel or civilians during an emergency, declared disaster, or during federal military training.

History.--s. 12, ch. 91-139.

250.38  Liability.--No action or proceeding shall be prosecuted or maintained against a member of the military court or officer or person acting under its authority or reviewing its proceeding, on account of the approval or imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, execution, process or mandate of any military court. The jurisdiction of the courts and boards established by the code shall be presumed, and the burden of proof will rest upon any person seeking to oust such courts or boards of jurisdiction in any action or proceeding.

History.--s. 56, ch. 8502, 1921; CGL 2069; s. 1, ch. 25112, 1949.

Note.--Former s. 250.63.

250.39  Penalty for contempt.--Any person who shall be guilty of disorderly, contemptuous, or indecorous language or expression to or before any military court, or any member of such court, in open court, tending to interrupt its proceedings, or to impair the respect due its authority, or who shall commit any breach of the peace, or make any noises or other disturbances, directly tending to interrupt its proceedings, may be committed by warrant under the hand of the Adjutant General or a military judge to the jail of the county in which said court shall sit, there to remain without bail in confinement for a time to be limited, not exceeding 3 days.

History.--s. 53, ch. 8502, 1921; s. 12, ch. 9337, 1923; CGL 2066; s. 1, ch. 25112, 1949; s. 6, ch. 92-86.

Note.--Former s. 250.60.

250.40  Armory Board; armories, how obtained.--

(1)  The Armory Board of the state shall consist of the Governor, the Adjutant General, the Assistant Adjutants General, the state quartermaster, and commanders reporting directly to the Adjutant General, in the active National Guard of the state. This board is charged with the supervision and control of all military buildings and real property within the state applied to military uses.

(2)  The term of each member of the Armory Board shall be the period during which the member possesses the qualifications for such membership under the provisions of subsection (1) of this section.

(3)  The members of the Armory Board shall perform the duties imposed upon them by the provisions of this chapter without any special compensation for their services; members of the Armory Board shall be reimbursed for travel expenses as provided in s. 112.061 and shall be paid from the appropriation for the expenses of the Florida National Guard.

(4)  It shall be the duty of the Armory Board to consider and approve the plans for or of all armories and other buildings before such buildings are rented, constructed, or otherwise acquired for military uses by the state.

(5)  Since our national military policy as enunciated in the National Defense Act recognized the National Guard as an important and necessary component of the Army of the United States, and as the defense of the country is a joint responsibility of all political divisions and subdivisions thereof, and since the National Guard is a citizen force by reason of its militia status, it is considered equitable that the expense of the maintenance of the National Guard be not only shared by the state with the Federal Government, but that it should properly be shared also by the counties, cities, and other subdivisions of the state. As the Federal Government is providing liberally for the equipment and training of the National Guard and the state for its administration and management, an equitable division of the responsibility of maintenance would leave with the communities in which units of the National Guard are established the duty of supplying the necessary personnel and adequate housing for the organization.

(6)  In order to provide for the cooperative support of the National Guard, and in order that armories may be provided which will furnish suitable training facilities and adequate storage accommodations for all arms, equipment, and other military property, the Armory Board is authorized to receive, from counties, municipalities, and other sources, donations of land and contributions of money to aid in providing, improving, and maintaining arsenals, armories, campsites, target ranges, and other facilities throughout the state.

(a)1.  Any contributions of money so donated, any moneys derived from the rental of armories and other facilities, any money derived from the rental of billeting operations at Camp Blanding Training Site, the maintenance allowances provided in s. 250.20, and all sums of money collected through fines imposed by a general, special, or summary court of the Florida National Guard, as provided in s. 250.36(5), shall be received by the commanding officer of such facility and shall be deposited in an account in a banking institution in the county in which such facility is located.

2.  The funds so received shall be disbursed for the purposes enumerated in this subsection at the discretion of the post council according to rules and regulations established by the Armory Board. The post council shall be made up of such members as are designated in the rules and regulations of the Armory Board; and the council is authorized to employ personnel to perform such functions as bookkeeping, maintenance, and janitorial services.

(b)  Any property so donated shall be held as other property for the use of the state, and such counties and municipalities are authorized and empowered to make such donations of lands by deed or long-term lease and contributions of moneys for the purposes herein set forth, and to issue bonds or certificates of indebtedness to provide funds for such purposes; and boards of county commissioners are authorized to levy taxes, not to exceed 1 mill, to provide funds for the construction of armories or for the retirement of such bonds or certificates of indebtedness issued to provide funds for the construction of armories.

(7)  Counties and municipalities are authorized to construct armories upon state-owned land which may be made available for such purpose by action of the Armory Board.

(8)  Counties and municipalities are also authorized to grant to the State Armory Board, for military uses, by deed or long-term leases, property that may have been acquired, or buildings that may have been constructed by them, for use as armories and rifle ranges.

(9)  Whenever it becomes necessary in the public interest to acquire private property in order to provide necessary land for campgrounds, rifle ranges, or armories for the organized militia of the state, and the same cannot be acquired by agreement satisfactory to the Armory Board and the parties interested in, or the owners of, such private property, the armory board is authorized and empowered to exercise the right of eminent domain and to proceed to condemn such property in the manner provided by law. Any suit or action brought by the Armory Board to condemn property, as provided for under this section, shall be brought in the name of the Armory Board; and it shall be the duty of the Department of Legal Affairs of the state to conduct the proceedings for and to act as the counsel of the board in such matters.

(10)  The county commissioners, or municipal authorities, may, in their discretion, appropriate a sufficient sum, not otherwise appropriated, to pay the necessary expenses of any unit of the organized militia of the state located in their respective counties or municipalities, to be accounted for to the Adjutant General by the organization receiving such appropriation as other military funds.

History.--ss. 42, 43, 63, ch. 8502, 1921; s. 4, ch. 10185, 1925; s. 5, ch. 12089, 1927; CGL 2054, 2073; s. 6, ch. 20849, 1941; s. 1, ch. 25112, 1949; s. 19, ch. 63-400; ss. 11, 35, ch. 69-106; s. 1, ch. 84-174; s. 1, ch. 90-68; s. 113, ch. 95-148; s. 1, ch. 97-57.

Note.--Former ss. 250.48, 250.70.

250.41  Armory defined; control and management of state military properties; annual report of Armory Board.--

(1)  The term "armory," as used in this chapter, shall be understood to mean a building used primarily for the housing and training of troops, and no building will be used for those purposes, or for storing of arms and other military property, that is not under full control and supervision of the properly constituted military authorities.

(2)  The Armory Board shall also constitute a board for the general management and control of all armories when established, and may adopt and prescribe rules for their government and management. All United States and state military property must be kept therein, and the commanders of troops using the armories will be held responsible for the safekeeping and proper care of such property and its protection against misappropriation or loss. Armories, while occupied and in use by troops, shall be considered military posts, and be under exclusive control and jurisdiction of the officer commanding the post.

(3)  The Armory Board shall also be charged with the supervision and management of any permanent campsite, target range or ranges, which are now or may hereafter become the property of the state; or which, being the property of the United States, may be provided to the state to be used for military purposes; such board may provide for the maintenance and proper equipment of the same from any funds which may be available for that purpose. Any and all moneys accruing to the Armory Board from the operation and management of properties hereinabove mentioned are hereby appropriated for the maintenance of state properties under control of the Armory Board.

(4)  The Armory Board shall make a report annually of the proceedings incident to the location and management of armories, respectively, and also as to the management of other property entrusted to its care, and with a detailed account of all disbursements; which report shall be filed in the office of the Adjutant General, and shall be printed in the report of his or her department.

History.--s. 43, ch. 8502, 1921; s. 6, ch. 12089, 1927; CGL 2055; s. 1, ch. 25112, 1949; s. 114, ch. 95-148.

Note.--Former s. 250.49.

250.42  Armory Board; authority to convey, lease, or release certain lands or acquire, renovate, or construct certain facilities.--

(1)  The Armory Board may convey, lease, or release any lands under its ownership, supervision, or control which are in the opinion of said board not required for military uses.

(2)  The Armory Board may acquire, renovate, or construct facilities throughout the state to be used as armories by the Florida National Guard. To that end, the Armory Board may enter into a lease-purchase, sale-leaseback, or tax-exempt leveraged lease contract or other financing arrangement for the acquisition, renovation, or construction of such a facility. The exercise of any such financial option for these purposes shall be subject to authorization by the appropriations act. Each capital outlay project or other contract, agreement, or transaction under this subsection shall also require specific legislative approval.

History.--ss. 1, 2, ch. 20717, 1941; s. 1, ch. 25112, 1949; s. 2, ch. 89-119.

Note.--Former s. 250.75.

250.43  Wearing of uniform and insignia of rank; penalty.--

(1)  The uniform or insignia of rank worn by officers of the Florida National Guard shall be worn only by persons entitled thereto by commission under the laws of the state or the United States. Any person violating any provision of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.

(2)  Every person other than an officer or enlisted person of the National Guard, naval militia, or marine corps of this state or any other state, or of the United States Army, Navy, Marine Corps, Air Force, or Revenue Service, who wears the uniform of the United States Army, Navy, Marine Corps, Air Forces, or Revenue Service, or National Guard, Air National Guard, Naval Militia, or Marine Corps or any part of such uniform, or a uniform or part of uniform similar thereto, or in imitation thereof, within the bounds of the state, except in cases where the wearing of such uniform is permitted by the laws of the United States and the regulations of the Secretary of Defense, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in this chapter shall be construed as prohibiting persons in the theatrical profession from wearing such uniforms while actually engaged in such profession, in any playhouse or theater, in a production in no way reflecting upon such uniform; and provided, that nothing in this chapter shall prohibit the uniform rank of civic societies parading or traveling in a body or assembling in a lodge room; and provided further, that this section shall not apply to cadets of any military school or to Boy Scouts or Girl Scouts.

History.--ss. 58, 59, ch. 8502, 1921; CGL 2071, 8125, 8126; s. 1, ch. 25112, 1949; s. 146, ch. 71-136; s. 7, ch. 91-139.

Note.--Former ss. 250.65, 250.66.

250.44  Military equipment regulations; penalties.--

(1)  Any person who shall sell, or offer for sale, barter or exchange, pledge, loan or give away, secrete, or retain after demand made by civil or military officers of the state, any clothing, arms, military outfits or accouterments, furnished by or through the state to any member of the militia, or who shall receive by purchase, barter, exchange, pledge, loan or gift, any such clothing, arms, military outfits or accouterments, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  All personnel in the military service of the Florida National Guard, to whom shall have been entrusted any military property by reason of their being in such military service, shall account for the same to the proper military authority in accordance with the rules and regulations or special orders made by superior authority in reference to the same, and such military property shall not be removed beyond the limits of the county in which the post is located without authority of the Adjutant General, and any person, whether in the military service or not, or whether the person's enlistment or appointment shall have expired or not, who shall fail to account for or return to proper military authority any property which shall have come into the person's possession to which the state military authorities may be entitled, or who shall conceal or convert the same to the person's own use, or remove the same from the county in which the same came into the person's possession, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any prosecution had under the provisions of this section may be abated upon full satisfaction being made for such property to the military authorities of the state and the payment of all court costs accruing by reason of the institution of any such prosecution.

(3)  The clothing, arms, military outfits and accouterments, furnished by or through the state to any member of the militia, shall not be sold, bartered, loaned, exchanged, pledged or given away, and no person not a member of the military forces of this state or the United States, or duly authorized agent of this state or the United States, who has possession of such clothing, arms, military outfits, or accouterments so furnished, and which have been subject to any such unlawful disposition, shall have any right, title or interest therein, but the same shall be seized and taken wherever found by any civil or military officer of the state, and shall thereupon be delivered to any commanding officer, or other officer authorized to receive the same, who shall make an immediate report to the Adjutant General. The possession of any such clothing, arms, military outfits or accouterments by any person not a member of the military forces of this state, or any other state, or of the United States, shall be presumptive evidence of such sale, barter, loan, exchange, pledge or gift.

History.--ss. 61, 62, ch. 8502, 1921; s. 9, ch. 12089, 1927; CGL 2072, 8128; s. 1, ch. 25112, 1949; s. 147, ch. 71-136; s. 8, ch. 91-139.

Note.--Former ss. 250.68, 250.69.

250.45  Military uniform discriminated against; penalty.--Any proprietor, manager or employee of any theater or other public place of entertainment or amusement within this state, who shall discriminate against any person lawfully wearing the uniform of any branch of the military or naval service of the United States or of the state, because of that uniform, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.

History.--s. 60, ch. 8502, 1921; CGL 8127; s. 1, ch. 25112, 1949; s. 148, ch. 71-136.

Note.--Former s. 250.67.

250.46  Salaried employees not entitled to additional pay.--Officers and enlisted personnel of the militia employed by the ¹military department of the state, who receive monthly salaries from the state for military duties, shall not be entitled to any other pay from the state for military service of any character; provided, that the provisions of this section shall not prohibit any officer or enlisted person from receiving pay from the United States for participation in maneuvers, camps, field service, or other service or duty.

History.--s. 15, ch. 8502, 1921; CGL 2027; s. 1, ch. 25112, 1949; s. 9, ch. 91-139.

¹Note.--Renamed the Department of Military Affairs by s. 2, ch. 73-93.

Note.--Former s. 250.17.

250.47  Governor's permission for unit to leave state.--No unit of the National Guard shall go out of the state without first securing permission of the Governor.

History.--s. 24, ch. 8502, 1921; CGL 2036; s. 1, ch. 25112, 1949.

Note.--Former s. 250.26.

250.48  Leaves of absence.--Any officer or employee of the state, of any county of the state, or of any municipality or political subdivision of the state who is a member of the Florida National Guard is entitled to leave of absence from his or her respective duties, without loss of pay, time, or efficiency rating, on all days during which the officer or employee is engaged in active state duty, pursuant to s. 250.28 or s. 252.36. However, a leave of absence without loss of pay, granted under the provisions of this section, may not exceed 30 days at any one time.

History.--s. 26, ch. 8502, 1921; s. 2, ch. 12089, 1927; CGL 2038; s. 5, ch. 20849, 1941; s. 1, ch. 25112, 1949; s. 11, ch. 83-227; s. 1, ch. 93-283; s. 115, ch. 95-148.

Note.--Former s. 250.28.

250.481  Reserve components; employment discrimination prohibited.--Any person who seeks or holds an employment position shall not be denied employment or retention in employment, or any promotion or advantage of employment, because of any obligation as a member of a reserve component of the Armed Forces.

History.--s. 1, ch. 87-381.

250.482  Troops ordered into state active service; not to be penalized by employers and postsecondary institutions.--

(1)  In the event that a member of the Florida National Guard is ordered into active service pursuant to this chapter, no private or public employer, and no employing or appointing authority of this state, its counties, municipalities, political subdivisions, community colleges, or universities, shall discharge, reprimand, or in any other way penalize such member because of his or her absence by reason of state active duty.

(2)  If the Adjutant General certifies that there is probable cause to believe there has been a violation of this section, an employee who has been employed for a period of at least 1 year prior to being ordered into active service so injured by a violation of this section may bring civil action against an employer violating the provisions of this section in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business, or in the county wherein the alleged violation occurred. Upon adverse adjudication, the defendant shall be liable for actual damages or $500, whichever is greater. The prevailing party in any litigation proceedings shall be entitled to recover their reasonable attorney's fees and reasonable court costs.

(3)  The certification of probable cause may not be issued until the Adjutant General has investigated the issues. All employers and other personnel involved with the issues of such investigation must cooperate with the Adjutant General in the investigation.

History.--s. 1, ch. 80-227; s. 164, ch. 81-259; s. 1, ch. 88-330; s. 116, ch. 95-148; s. 1, ch. 96-340; s. 31, ch. 97-96.

250.49  Annual encampment.--Subject to the restrictions of the National Defense Act, the Governor may annually order into service the whole, or such portion of the Florida National Guard as the Governor may deem proper; the period of such service to be fixed by the Governor, subject to the restrictions mentioned above. When so ordered into the service of the state, and such rations are not furnished by the United States Government, the state shall furnish rations for the officers and enlisted personnel of the same quality as the rations furnished by the regular army, and pay such expenses of said encampment as the Governor may deem proper, including the travel expenses of officers and enlisted personnel incurred in obeying such orders, when such expenses are not paid by the Government of the United States.

History.--s. 37, ch. 8502, 1921; CGL 2049; s. 1, ch. 25112, 1949; s. 10, ch. 91-139.

Note.--Former s. 250.43.

250.51  Insult to troops; penalty.--When troops of the organized militia of the state are at drill in their respective armories, on the streets, public roads or other places, where such drills are conducted or when they are performing other duties required of them by the state or the United States, it is unlawful for any person to make any disloyal or insulting remark either to or about said troops or to make any sign, motion, or gesture calculated to insult or humiliate said troops, and any person found guilty of making any such disloyal or insulting remark, or of making any such sign, motion, or gesture, for the purpose and in the manner as aforesaid, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 64, ch. 8502, 1921; CGL 8129; s. 1, ch. 25112, 1949; s. 149, ch. 71-136.

Note.--Former s. 250.71.

250.52  Unlawful to persuade citizens not to enlist; penalty.--Whenever the United States is at war, or our foreign relations tend to indicate an impending war or state of war, it is unlawful for any person or persons to solicit or persuade a citizen or citizens of the United States not to enlist or serve in the Army, Air Force, Marine Corps, Coast Guard, or Navy thereof, or in any reserve component thereof, or in the National Guard or active militia of the state, or to publicly attempt to dissuade any such citizen or citizens from so enlisting; the provisions of this chapter shall not apply to such soliciting or persuading done by any person related by affinity or consanguinity to the person solicited or persuaded or whose advice is requested by the person solicited or persuaded. Any person adjudged guilty of a violation of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, ch. 7392, 1917; RGS 1422, 1423; CGL 2076, 2077; s. 1, ch. 25112, 1949; s. 1, ch. 67-332; s. 150, ch. 71-136.

Note.--Former s. 250.73.

250.5201  Stay of proceedings where troops called out into state active service.--

(1)  Any civil action or proceeding in any court which involves a person called out into state active service as defined in subsection (3) may be stayed by the court during such service and for a period thereafter not exceeding 30 days.

(2)  The stay may be granted by the court on its own motion, and shall be granted upon the motion of a plaintiff or defendant unless, in the opinion of the court, the ability to prosecute or defend the action is not materially affected by reason of the movant's state active service.

(3)  Notwithstanding the definition in s. 250.27, "state active service" as used in ss. 250.5201-250.5205 is limited to service that exceeds 17 days and that is ordered by the Governor for the enforcement of the law, the preservation of the peace, the security of the rights or lives of citizens, or protection of the property.

(4)  Before a soldier shall be entitled to any of the provisions of this section, that soldier shall furnish to the affected creditor, landlord, court, or other affected person a copy of the soldier's orders, together with a written statement from the Adjutant General of the State of Florida, that the soldier has served continuously on state orders for the period commencing with the date of the orders through the date of the statement. The creditor, landlord, court, or other affected person may require the soldier to furnish a recertification every 30 days thereafter which shall be furnished to the soldier by the Adjutant General upon request.

History.--s. 2, ch. 96-342.

250.5202  Actions for rent or possession by landlord during state active duty.--

(1)  An eviction, distress action, or requirement for deposit of accrued rent into the registry of the court, as provided in part II of chapter 83, may not proceed as to any such person who is called into state active military service for this state during the period of such state active service provided the service person has given written notice to the affected landlord with regard to any premises where the agreed upon rent does not exceed $1,200 per month and where the rental unit is occupied chiefly as a residential dwelling by the service member, the service member's spouse, or dependent. Notwithstanding, a court of competent jurisdiction may allow such an action to proceed based upon a finding of no substantive prejudice to the service person as a result of the ordered military service.

(2)  The court may on its own motion and shall, on application, stay the proceedings for not longer than 3 months unless, in the opinion of the court, the ability of the tenant to pay the agreed rent has not been materially affected by reason of state active duty status.

History.--s. 3, ch. 96-342.

250.5204  Installment contracts for purchase of property; penalty.--

(1)  A creditor who has received a deposit or installment of the purchase price under an installment contract for the purchase of real or personal property from a member of the Florida National Guard, who after the date of the payment of such deposit or installment is called into state active service, and provided that written notice of the state active military service has been given to the creditor, may not exercise any right or option under such contract to rescind or terminate the contract or resume possession of the property for nonpayment of any installment thereunder due, or for any other breach of the terms thereof occurring during the period of state active service, except upon affirmative authorization by a court of competent jurisdiction.

(2)  Upon the hearing of such action the court may order the repayment of prior installments or deposits or any part thereof, as a condition of terminating the contract and resuming possession of the property, or may, in its discretion, on its own motion, and shall, on application to it by such person in state active duty or some person on his or her behalf, order a stay of proceedings, unless, in the opinion of the court, the ability of the defendant to comply with the terms of the contract is not materially affected by reason of such service. Alternatively, the court may otherwise dispose of the case as is in the interest of all parties.

History.--s. 4, ch. 96-342; s. 32, ch. 97-96.

250.5205  Mortgages, trust deeds, etc.; penalty.--

(1)  In any proceeding commenced during the period of state active service to enforce obligations secured by mortgage, trust deed, or other security upon real or personal property owned prior to the commencement of a period of active service, the court may on its own motion stay the proceedings or otherwise dispose of the case as is equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person or agent of the person in state active service unless, in the opinion of the court, the ability of the defendant to comply with the terms of the obligations is not materially affected.

(2)  A sale, foreclosure, or seizure of property for nonpayment of any sum due under any obligation, or for breach of the terms of such obligation, is not valid if made during the period of state active service or within 30 days thereafter, unless upon an order previously granted by the court and a return thereto made and approved by the court.

(3)  This section applies only to obligations secured by a mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in state active service at the commencement of the period of state active service and still owed by her or him, which obligation originated prior to such person's period of state active service.

History.--s. 5, ch. 96-342; s. 33, ch. 97-96; s. 34, ch. 97-100.

250.531  Drug interdiction responsibilities.

250.533  Purpose.

250.534  Entry into force and withdrawal.

250.535  Definitions; mutual assistance and support.

250.536  Responsibilities.

250.537  Delegation.

250.538  Limitations.

250.539  Construction and severability.

250.531  Drug interdiction responsibilities.--When authorized or directed by the Governor, the Florida National Guard may assist federal law enforcement agencies in interdicting the importation of controlled substances into this state. When so authorized or directed, the Florida National Guard shall be deemed to be a state investigative law enforcement agency and shall be authorized to receive property and revenues pursuant to 19 U.S.C. s. 1613b(a)(3)(f).

History.--s. 14, ch. 91-139; s. 2, ch. 91-259.

250.533  Purpose.--The purposes of this compact are to:

(1)  Provide for mutual assistance and support among the party states in the utilization of the National Guard in drug interdiction, counter-drug activities, and demand reduction.

(2)  Permit the National Guard of this state to enter into mutual assistance and support agreements, on the basis of need, with one or more law enforcement agencies operating within this state, for activities within this state, or with a National Guard of one or more other states, whether said activities are within or without this state, in order to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counter-drug activities, and demand reduction.

(3)  Permit the National Guard of this state to act as a receiving and responding state as defined within this compact to ensure the prompt and effective delivery of National Guard personnel, assets, and services to agencies or areas that are in need of increased support and presence.

(4)  Permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency.

(5)  Maximize the effectiveness of the National Guard in those situations which call for its utilization under this compact.

(6)  Provide protection for the rights of National Guard personnel when performing duties in other states in counter-drug activities.

(7)  Ensure uniformity of state laws in the area of National Guard involvement in interstate counter-drug activities by incorporating said uniform laws within the compact.

History.--s. 2, ch. 93-283.

250.534  Entry into force and withdrawal.--

(1)  This compact shall enter into force when enacted into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(2)  Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the Governor of the withdrawing state has given notice in writing of such withdrawal to the Governors of all other party states.

History.--s. 2, ch. 93-283.

250.535  Definitions; mutual assistance and support.--

(1)  As used in this compact:

(a)  "Drug interdiction and counter-drug activities" means the use of National Guard personnel, while not in federal service, in any law enforcement support activities that are intended to reduce the supply or use of illegal drugs in the United States. These activities include, but are not limited to:

1.  Providing information obtained during either the normal course of military training or operations or during counter-drug activities, to federal, state, or local law enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of such officials.

2.  Making available any equipment, including associated supplies or spare parts, base facilities, or research facilities of the National Guard to any federal, state, or local civilian law enforcement official for law enforcement purposes, in accordance with other applicable law or regulations.

3.  Providing available National Guard personnel to train federal, state, or local civilian law enforcement in the operation and maintenance of equipment, including equipment made available by subparagraph 2., in accordance with other applicable law.

4.  Providing available National Guard personnel to operate and maintain equipment provided to federal, state, or local law enforcement officials pursuant to activities defined and referred to in this compact.

5.  Operation and maintenance of equipment and facilities of the National Guard or law enforcement agencies used for the purposes of drug interdiction and counter-drug activities.

6.  Providing available National Guard personnel to operate equipment for the detection, monitoring, and communication of the movement of air, land, and sea traffic; to facilitate communication in connection with law enforcement programs; to provide transportation for civilian law enforcement personnel; and to operate bases of operations for civilian law enforcement personnel.

7.  Providing available National Guard personnel, equipment, and support for administrative, interpretive, analytic, or other purposes.

8.  Providing available National Guard personnel and equipment to aid federal, state, and local officials and agencies otherwise involved in the prosecution or incarceration of individuals processed within the criminal justice system who have been arrested for criminal acts involving the use, distribution, or transportation of controlled substances as defined in 21 U.S.C. ss. 801 et seq., or otherwise by law, in accordance with other applicable law.

(b)  "Demand reduction" means providing available National Guard personnel, equipment, support, and coordination to federal, state, local, and civic organizations, institutions, and agencies for the purposes of the prevention of drug abuse and reduction in the demand for illegal drugs.

(c)  "Requesting state" means the state whose Governor requested assistance in the area of counter-drug activities.

(d)  "Responding state" means the state furnishing assistance or requested to furnish assistance in the area of counter-drug activities.

(e)  "Law enforcement agency" means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substance laws.

(f)  "Official" means the appointed, elected, designated, or otherwise duly selected representative of an agency, institution, or organization authorized to conduct those activities for which support is requested.

(g)  "Mutual assistance and support agreement" or "agreement" means an agreement between the National Guard of this state and one or more law enforcement agencies or between the National Guard of this state and the National Guard of one or more other states, consistent with the purposes of this compact.

(h)  "State" means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.

(i)  "Party state" refers to a state that has lawfully enacted this compact.

(2)  Upon the request of a Governor of a party state for assistance in the area of drug interdiction, counter-drug activities, and demand reduction, the Governor of a responding state shall have authority under this compact to send without the borders of his or her state and place under the temporary operational control of the appropriate National Guard or other military authorities of the requesting state, for the purposes of providing such requested assistance, all or any part of the National Guard forces of his or her state as he or she may deem necessary, and the exercise of his or her discretion in this regard shall be conclusive.

(3)  The Governor of a party state may, within his or her discretion, withhold the National Guard forces of his or her state from such use and recall any forces or part or member thereof previously deployed in a requesting state.

(4)  The National Guard of this state is hereby authorized to engage in counter-drug activities and demand reduction.

(5)  The Adjutant General of this state, in order to further the purposes of this compact, may enter into a mutual assistance and support agreement with one or more law enforcement agencies of this state, including federal law enforcement agencies operating within this state, or with the National Guard of one or more other party states to provide personnel, assets, and services in the area of counter-drug activities and demand reduction, provided that all parties to the agreement are not specifically prohibited by law to perform said activities.

(6)  The agreement must set forth the powers, rights, and obligations of the parties to the agreement, where applicable, as follows:

(a)  Its duration.

(b)  The organization, composition, and nature of any separate legal entity created thereby.

(c)  The purpose of the agreement.

(d)  The manner of financing the agreement and maintaining its budget.

(e)  The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.

(f)  Provision for administering the agreement, which may include creation of a joint board responsible for such administration.

(g)  The manner of acquiring, holding, and disposing of real and personal property used in this agreement, if necessary.

(h)  The minimum standards for National Guard personnel implementing the provisions of this agreement.

(i)  The minimum insurance required of each party to the agreement, if necessary.

(j)  The chain of command or delegation of authority to be followed by National Guard personnel acting under the provisions of the agreement.

(k)  The duties and authority that the National Guard personnel of each state may exercise.

(l)  Any other necessary and proper matters.

(7)  Agreements prepared under the provisions of this section are exempt from any general law pertaining to intergovernmental agreements.

(8)  As a condition precedent to an agreement becoming effective under this part, the agreement must be submitted to and receive the approval of the Office of the Florida Attorney General. The Florida Attorney General may delegate his or her approval authority to the appropriate attorney for the National Guard subject to those conditions which he or she decides are appropriate. Said delegation must be in writing.

(a)  The Florida Attorney General, or his or her agent in the National Guard, shall approve an agreement submitted under this part unless he or she finds that it is not in proper form, does not meet the requirements set forth in this part, or otherwise does not conform to the laws of this state. If the Attorney General disapproves an agreement, he or she shall provide a written explanation to the Adjutant General of the National Guard.

(b)  If the Florida Attorney General or the Attorney General's authorized agent does not disapprove an agreement within 30 days after its submission, it is considered approved.

(9)  Whenever National Guard forces of any party state are engaged in the performance of duties in the area of drug interdiction, counter-drug activities, and demand reduction, pursuant to orders, they shall not be held personally liable for any acts or omissions which occur during the performance of their duty.

History.--s. 2, ch. 93-283; s. 117, ch. 95-148.

250.536  Responsibilities.--

(1)  Nothing in this compact shall be construed as a waiver of any benefits, privileges, immunities, or rights otherwise provided for National Guard personnel performing duty pursuant to Title 32, U.S.C., nor shall anything in this compact be construed as a waiver of coverage provided for under the Federal Tort Claim Act. In the event that National Guard personnel performing counter-drug activities do not receive the rights, benefits, privileges, and immunities otherwise provided for National Guard personnel, the following provisions shall apply:

(a)  Whenever National Guard forces of any responding state are engaged in another state in carrying out the purposes of this compact, the members thereof so engaged shall have the same powers, duties, rights, privileges, and immunities as members of National Guard forces of the requesting states. The requesting state shall save and hold members of the National Guard forces of responding states harmless from civil liability, except as otherwise provided herein, for acts or omissions which occur in the performance of their duty while engaged in carrying out the purposes of this compact, whether responding forces are serving the requesting state within the borders of the responding state or are attached to the requesting state for purposes of operational control.

(b)  Subject to the provisions of this compact, all liability that may arise under the laws of the requesting state or the responding state, on account of or in connection with a request for assistance or support shall be assumed and borne by the requesting state.

(c)  Any responding state rendering aid or assistance pursuant to this compact shall be reimbursed by the requesting state for any loss or damage to or expense incurred in the operation of any equipment answering a request for aid, and for the cost of the materials, transportation, and maintenance of National Guard personnel and equipment incurred in connection with such request, provided that nothing herein contained shall prevent any responding state from assuming such loss, damage, expense, or other cost.

(d)  Unless there is a written agreement to the contrary, each party shall provide, in the same amounts and manner as if they were on duty within their state for pay and allowances of the personnel of its National Guard units while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact.

(e)  Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its National Guard forces, in case such members sustain injuries or are killed within their own state, shall provide for the payment of compensation and death benefits in the same manner and on the same terms in the event such members sustain injury or are killed while rendering assistance or support pursuant to this compact. Such benefits and compensation shall be deemed items of expense reimbursable pursuant to the compact.

(2)  Officers and enlisted personnel of the National Guard performing duties subject to proper orders pursuant to this compact shall be subject to and governed by the provisions of their home state code of military justice, whether they are performing duties within or without their home state. In the event that any National Guard member commits, or is suspected of committing, a criminal offense while performing duties pursuant to this compact without the member's home state, he or she may be returned immediately to his or her home state and said home state shall be responsible for any disciplinary action to be taken. However, nothing in this section shall abrogate the general criminal jurisdiction of the state in which the offense occurred.

History.--s. 2, ch. 93-283; s. 118, ch. 95-148.

250.537  Delegation.--Nothing in this compact shall be construed to prevent the Governor of a party state from delegating any of his or her responsibilities or authority respecting the National Guard, provided that such delegation is otherwise in accordance with law. For purposes of this compact, however, the Governor shall not delegate the power to request assistance from another state.

History.--s. 2, ch. 93-283; s. 119, ch. 95-148.

250.538  Limitations.--Nothing in this compact shall:

(1)  Authorize or permit National Guard units or personnel to be placed under the operational control of any person not having the National Guard rank or status required by law for the command in question.

(2)  Deprive a properly convened court of jurisdiction over an offense or a defendant merely because of the fact that the National Guard, while performing duties pursuant to this compact, was utilized in achieving an arrest or indictment.

History.--s. 2, ch. 93-283.

250.539  Construction and severability.--This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of the United States or of any state or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

History.--s. 2, ch. 93-283.

250.540  Purposes.

250.541  Entry into force and withdrawal.

250.542  Definitions; mutual aid.

250.543  Delegation.

250.544  Limitations.

250.545  Construction and severability.

250.546  Payment of liability to responding state.

250.547  Status, rights, and benefits of forces engaged pursuant to compact.

250.548  Injury or death while going to or returning from duty.

250.549  Authority of responding state required to relieve from assignment or reassign officers.

250.540  Purposes.--The purposes of this compact are to:

(1)  Provide for mutual aid among the party states in the utilization of the National Guard to cope with emergencies.

(2)  Permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency.

(3)  Maximize the effectiveness of the National Guard in those situations which call for its utilization under this compact.

(4)  Provide protection for the rights of National Guard personnel when serving in other states on emergency duty.

History.--s. 3, ch. 93-283.

250.541  Entry into force and withdrawal.--

(1)  This compact shall enter into force when enacted into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(2)  Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 1 year after the Governor of the withdrawing state has given notice in writing of such withdrawal to the Governors of all other party states.

History.--s. 3, ch. 93-283.

250.542  Definitions; mutual aid.--

(1)  As used in this compact:

(a)  "Emergency" means an occurrence or condition, temporary in nature, in which police and other public safety officials and locally available National Guard forces are, or may reasonably be expected to be, unable to cope with substantial and imminent danger to the public safety.

(b)  "Requesting state" means the state whose Governor requests assistance in coping with an emergency.

(c)  "Responding state" means the state furnishing aid or requested to furnish aid.

(2)  Upon request of the Governor of a party state for assistance in an emergency, the Governor of a responding state shall have authority under this compact to send without the borders of his or her state and place under the temporary command of the appropriate National Guard or other military authorities of the requesting state all or any part of the National Guard forces of his or her state as he or she may deem necessary, and the exercise of the Governor's discretion in this regard shall be conclusive.

(3)  The Governor of a party state may withhold the National Guard forces of his or her state from such use and recall any forces or part or member thereof previously deployed in a requesting state.

(4)  Whenever National Guard forces of any party state are engaged in another state in carrying out the purposes of this compact, the members thereof so engaged shall have the same powers, duties, rights, privileges, and immunities as members of National Guard forces in such other state. The requesting state shall hold members of the National Guard forces of the responding states harmless from civil liability for acts or omissions in good faith which occur in the performance of their duty while engaged in carrying out the purposes of this compact, whether the responding forces are serving the requesting state within its borders or are in transit to or from such service.

(5)  Subject to the provisions of subsections (6), (7), and (8), all liability that may arise under the laws of the requesting state, the responding state, or a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

(6)  Any responding state rendering aid pursuant to this compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of materials, transportation, and maintenance of National Guard personnel and equipment incurred in connection with such request, provided that nothing herein contained shall prevent any responding state from assuming such loss, damage, expense, or other cost.

(7)  Each party state shall provide, in the same amounts and manner as if they were on duty within their state, for the pay and allowances of the personnel of its National Guard units while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact. Such pay and allowances shall be deemed items of expense reimbursable under subsection (6) by the requesting state.

(8)  Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its National Guard forces in case such members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this compact. Such compensation and death benefits shall be deemed items of expense reimbursable pursuant to subsection (6).

History.--s. 3, ch. 93-283; s. 120, ch. 95-148.

250.543  Delegation.--Nothing in this compact shall be construed to prevent the Governor of a party state from delegating any of his or her responsibilities or authority respecting the National Guard, provided that such delegation is otherwise in accordance with law. For purposes of this compact, however, the Governor shall not delegate the power to request assistance from another state.

History.--s. 3, ch. 93-283; s. 121, ch. 95-148.

250.544  Limitations.--Nothing in this compact shall:

(1)  Expand or add to the functions of the National Guard, except with respect to the jurisdictions within which such functions may be performed.

(2)  Authorize or permit National Guard units to be placed under the field command of any person not having the military or National Guard rank or status required by law for the field command position in question.

(3)  Authorize or permit the use of military force by the National Guard of the State of Florida at any place outside the State of Florida except in an emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under 18 U.S.C. s. 1385.

When requested to render mutual aid or exercises and training for mutual aid, the National Guard shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms thereof, provided that it is understood that the National Guard when rendering aid may withhold resources to the extent necessary to provide reasonable protection for the state. The National Guard shall afford to the emergency forces of any other member state, while operating within its state limits under the terms and conditions of this compact, the same powers (except those of arrest), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of the National Guard regular leaders, but the organizational units will come under the operations control of the Adjutant General of the state receiving assistance. Under no circumstances will the assisting member states use force within the boundaries of the other states without express federal authority. The assisting member states may assist in the support of a state using authorized police powers within its own boundaries but will not participate as part of the state police force without express federal authority. The assisting member state shall not be used to suppress riots or tumults or provide direct support to these activities without federal authority.

History.--s. 3, ch. 93-283; s. 2, ch. 96-244.

250.545  Construction and severability.--This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

History.--s. 3, ch. 93-283.

250.546  Payment of liability to responding state.--Upon presentation of a claim therefor by an appropriate authority of a state whose National Guard forces have aided this state pursuant to the compact, any liability of this state pursuant to this compact shall be paid out of the General Revenue Fund.

History.--s. 3, ch. 93-283.

250.547  Status, rights, and benefits of forces engaged pursuant to compact.--In accordance with this compact, members of the National Guard forces of this state shall be deemed to be in state service at all times when engaged pursuant to this compact, and shall be entitled to all rights and benefits provided pursuant to the laws of this state.

History.--s. 3, ch. 93-283.

250.548  Injury or death while going to or returning from duty.--All benefits to be paid under the foregoing compact shall include any injury or death sustained while going to or returning from such duty.

History.--s. 3, ch. 93-283.

250.549  Authority of responding state required to relieve from assignment or reassign officers.--Nothing in the foregoing compact shall authorize or permit state officials or military officers of the requesting state to relieve from assignment or reassign officers or noncommissioned officers of National Guard units of the responding state without authorization by the appropriate authorities of the responding state.

History.--s. 3, ch. 93-283.