The Florida Senate

115.01  Leave of absence for military service.

115.02  Governor to grant application; proviso.

115.03  Appointment of deputy; bond.

115.04  Applicability of ss. 115.01-115.06 to certain officers.

115.05  Duties of deputy.

115.06  Reassumption of duties.

115.07  Officers and employees' leaves of absence for reserve or guard training.

115.08  Definitions.

115.09  Leave to public officials for military service.

115.10  Leave to be granted by Governor.

115.11  Leave not to extend beyond term of office; temporarily unoccupied position.

115.12  Rights during leave.

115.13  Resumption of official duties.

115.14  Employees.

115.15  Adoption of federal law for employees.

115.01  Leave of absence for military service.--Any county or state official of the state, subject to the provisions and conditions hereinafter set forth, may be granted leave of absence from his or her office, to serve in the volunteer forces of the United States, or in the National Guard of the state, or in the regular Army or Navy of the United States, when the same shall be called into active service of the United States during war between the United States and a foreign government.

History.--s. 1, ch. 7393, 1917; RGS 400; CGL 465; s. 732, ch. 95-147.

115.02  Governor to grant application; proviso.--When any such officer shall volunteer or be called into the service of the United States during war, the Governor shall, upon application being made by such officer, grant such officer leave of absence during the time he or she shall be retained in such military service; provided, such service shall not extend beyond the term of office of such officer, in which event the office shall be filled by election at the expiration thereof.

History.--s. 2, ch. 7393, 1917; RGS 401; CGL 466; s. 733, ch. 95-147.

¹115.03  Appointment of deputy; bond.--Before applying for a leave of absence, the officer shall appoint a capable and competent deputy to take over and perform the duties of the office, and any bond required of the officer must remain in full force during the remainder of his or her term of office. Such deputy may be required to furnish bond in a sum of not more than one-half of the amount of the bond of the officer appointing him or her as such deputy, for the faithful performance of such duties.

History.--s. 3, ch. 7393, 1917; RGS 402; CGL 467; s. 734, ch. 95-147; s. 19, ch. 98-34.

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]."

115.04  Applicability of ss. 115.01-115.06 to certain officers.--The provisions of ss. 115.01-115.06 shall only apply to such officers as are now authorized by law to appoint deputies.

History.--s. 4, ch. 7393, 1917; RGS 403; CGL 468.

115.05  Duties of deputy.--Any deputy qualifying under the provisions of ss. 115.01-115.06 shall perform all of the duties that may devolve upon the officer appointing him or her, and the deputy shall sign all official papers and documents in the name of the officer so appointing him or her as such deputy, and his or her said acts as such deputy shall in all respects be as binding as if performed by the officer appointing such deputy.

History.--s. 5, ch. 7393, 1917; RGS 404; CGL 469; s. 735, ch. 95-147.

115.06  Reassumption of duties.--Upon being mustered out of the service of the United States, such officer granted leave under s. 115.01 shall immediately enter into the duties of his or her office for the remainder of the term for which he or she was elected.

History.--s. 6, ch. 7393, 1917; RGS 405; CGL 470; s. 736, ch. 95-147.

115.07  Officers and employees' leaves of absence for reserve or guard training.--

(1)  All officers or employees of the state, of the several counties of the state, and of the municipalities or political subdivisions of the state who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval service or members of the National Guard are entitled to leaves of absence from their respective duties, without loss of vacation leave, pay, time, or efficiency rating, on all days during which they are engaged in training ordered under the provisions of the United States military or naval training regulations for such personnel when assigned to active or inactive duty.

(2)  Leaves of absence granted as a matter of legal right under the provisions of this section shall not exceed 17 working days in any one annual period. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay and shall be granted by the employing or appointing authority of any state, county, municipal, or political subdivision employee and when so granted shall be without loss of time or efficiency rating.

(3)  With respect to any officer or employee whose working day consists of a shift measured in hours, each such 12-hour shift or less shall equal 1 working day leave of absence. All other shifts over 12 hours and up to 24 hours shall equal 2 working days leave of absence.

(4)  When an employee's assigned employment duty conflicts with ordered active or inactive duty training, it shall be the responsibility of the employing agency of the state, county, municipal, or political subdivision to provide a substitute employee, if necessary, for the assumption of such employment duty while the employee is on assignment for such training.

(5)  It is the intent of the Legislature that the state, its several counties, and its municipalities and political subdivisions shall grant leaves of absence for active or inactive training to all employees who are members of the United States Reserve Forces or the National Guard, to ensure the state and national security at all times through a strong armed force of qualified and mobilization-ready personnel.

History.--s. 1, ch. 17975, 1937; CGL 1940 Supp. 470(1); s. 1, ch. 26852, 1951; s. 10, ch. 83-227; ss. 1, 2, ch. 85-279.

115.08  Definitions.--

(1)  The term "active military service" as used in this law shall signify active duty in the Florida defense force or federal service in training or on active duty with any branch of the Army of the United States, the United States Navy, the Marine Corps of the United States, the Coast Guard of the United States, and service of all officers of the United States Public Health Service detailed by proper authority for duty either with the army or the navy, and shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause.

(2)  The term "period of active military service" as used in this law shall begin with the date of entering upon active military service, and shall terminate with death or a date 30 days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first.

History.--s. 2, ch. 20718, 1941.

115.09  Leave to public officials for military service.--All officials of the state, the several counties of the state, and the municipalities or political subdivisions of the state, including district school and community college officers, which officials are also officers or enlisted personnel in the National Guard or a reserve component of the Armed Forces of the United States may, subject to the provisions and conditions hereafter set forth, be granted leave of absence from their respective offices and duties to perform active military service, the first 30 days of any such leave of absence to be with full pay.

History.--ss. 1, chs. 20718, 20863, 1941; s. 1, ch. 69-300; s. 1, ch. 91-3.

115.10  Leave to be granted by Governor.--Application for such leave of absence shall be made to the Governor of the state and may be granted or denied by the Governor in his or her discretion, as the public interest may require.

History.--s. 3, ch. 20718, 1941; s. 737, ch. 95-147.

115.11  Leave not to extend beyond term of office; temporarily unoccupied position.--

(1)  In the event that the term of office of an official on leave shall expire during such leave, the office of that official shall be filled by election or appointment as may be required by law; provided, however, that said official on leave shall have the right to qualify and become a candidate for such office and, if nominated or elected, shall have the same rights and privileges herein accorded to an incumbent.

(2)  Should such military leave of absence for any elected municipal officer extend for more than 60 days, the temporarily unoccupied position created by such leave may be filled by majority vote of the remaining members of the legislative body of the municipality. This temporary appointment shall terminate upon the elected official's return from active military service or upon the expiration of his or her original term of office, whichever occurs first.

History.--s. 4, ch. 20718, 1941; s. 1, ch. 91-92; s. 738, ch. 95-147.

115.12  Rights during leave.--During such leave of absence such official shall be entitled to preserve all seniority rights, efficiency ratings, promotional status and retirement privileges. The period of active military service shall, for purposes of computation to determine whether such person may be entitled to retirement under the laws of the state, be deemed continuous service in the office of said official. While absent on such leave without pay, said official shall not be required to make any contribution to any retirement fund.

History.--s. 5, ch. 20718, 1941.

115.13  Resumption of official duties.--Upon said officer terminating his or her active military service, he or she shall immediately enter upon the duties of office for the unexpired portion of the term for which he or she was elected or appointed.

History.--s. 6, ch. 20718, 1941; s. 739, ch. 95-147.

115.14  Employees.--All employees of the state, the several counties of the state, and the municipalities or political subdivisions of the state may, in the discretion of the employing authority of such employee, be granted leave of absence under the terms of this law; upon such leave of absence being granted said employee shall enjoy the same rights and privileges as are hereby granted to officials under this law, insofar as may be. Notwithstanding the provisions of s. 115.09, the employing authority may supplement the military pay of its officials and employees who are reservists called to active military service for the first 30 days with full pay and, thereafter, in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The employing authority may also, in its discretion, continue to provide any health insurance and other existing benefits to such officials and employees.

History.--s. 7, ch. 20718, 1941; s. 2, ch. 91-3.

115.15  Adoption of federal law for employees.--The provisions of section 8 of chapter 720 Acts of Congress of the United States, approved September 16, 1940 (Title 50 App. Section 308, U.S.C.A.), insofar as it relates to the reemployment of public employees granted a leave of absence on active military duty under this law, shall be applicable in this state and the refusal of any state, county, or municipal official to comply therewith shall subject him or her to removal from office.

History.--s. 8, ch. 20718, 1941; s. 740, ch. 95-147.