HB 1759 2003
1	A bill to be entitled
2	An act relating to military affairs; amending s. 250.01,
3	F.S.; providing definitions; amending s. 250.02, F.S.;
4	providing editorial changes in provisions which specify
5	the composition of the militia; amending s. 250.03, F.S.;
6	providing clarifying language and editorial changes in
7	provisions relating to the military law of the state;
8	amending s. 250.04, F.S.; providing clarifying language
9	and editorial changes in provisions relating to the
10	organization of a naval militia and marine corps; amending
11	s. 250.05, F.S.; providing clarifying language and
12	editorial changes in provisions relating to the Department
13	of Military Affairs; designating the Adjutant General as
14	the head of the Department of Military Affairs; amending
15	s. 250.06, F.S.; providing additional authority of the
16	Governor as commander in chief of the militia of the
17	state; authorizing the Governor to delegate to the
18	Adjutant General the authority to convene a general
19	courts-martial; providing clarifying language and
20	editorial changes; amending s. 250.07, F.S.; providing
21	that persons declaring an intention to become citizens may
22	be members of the Florida National Guard; specifying
23	qualifications for general officers of the Florida
24	National Guard; revising provisions relating to the
25	organization of the Florida National Guard; amending s.
26	250.08, F.S.; providing clarifying language and editorial
27	changes in provisions relating to the organization of the
28	Florida National Guard; amending s. 250.09, F.S.;
29	providing clarifying language and editorial changes in
30	provisions relating to appropriations, property, and
31	equipment of the Florida National Guard; amending s.
32	250.10, F.S.; revising the qualifications and duties of
33	the Adjutant General; authorizing the Adjutant General to
34	order troops to state active duty under certain
35	circumstances; specifying qualifications for Assistant
36	Adjutant Generals of the Florida National Guard;
37	specifying requirements for education assistance programs
38	and a tuition exemption program for members of the Florida
39	National Guard; providing penalties for failure to comply
40	with program requirements; providing clarifying language
41	and editorial changes; amending s. 250.115, F.S.;
42	requiring the Adjutant General to appoint a president of
43	the board of directors of the direct-support organization
44	of the Department of Military Affairs; providing for the
45	appointment of a specified number of members of the board
46	of directors by the president of the board; specifying the
47	duties of the Department of Military Affairs with respect
48	to the organization; amending s. 250.12, F.S., relating to
49	appointment of commissioned and warrant officers;
50	providing editorial changes; amending s. 250.16, F.S.,
51	relating to the authority to incur a charge against the
52	state; providing editorial changes; renaming the Armory
53	Board Trust Fund within the Department of Military Affairs
54	as the Cooperative Agreement Trust Fund; providing
55	legislative intent to codify specified existing trust
56	funds within s. 250.175, F.S.; amending s. 250.175, F.S.;
57	revising provisions relating to funds deposited within the
58	Federal Law Enforcement Trust Fund and the uses thereof;
59	removing an exemption from specified service charges;
60	consolidating specified existing trust funds within the
61	provisions of the section; clarifying language with
62	respect to the Emergency Response Trust Fund; providing
63	for the source and use of funds deposited within the Camp
64	Blanding Management Trust Fund; providing for the source
65	and use of funds deposited within the Cooperative
66	Agreement Trust Fund; amending s. 250.18, F.S.; revising
67	provisions with respect to equipment and uniforms of
68	commissioned officers and warrant officers; amending s.
69	250.19, F.S., relating to expenses for travel on military
70	business; providing editorial changes; amending s. 250.20,
71	F.S.; revising provisions with respect to armory
72	operations allowances; eliminating necessary expenses of
73	units located at an armory as an allowance category;
74	providing for deposit of funds; providing responsibility
75	of the post commander with respect to receipt and
76	distribution of the post armory operations allowance;
77	providing editorial changes; amending s. 250.23, F.S.,
78	relating to pay for state active duty; providing editorial
79	changes; amending s. 250.24, F.S., relating to pay and
80	expenses for troops on state active duty; providing for
81	deposit of moneys for pay and allowances of troops ordered
82	to state active duty in the Emergency Response Trust Fund;
83	providing editorial changes; amending s. 250.25, F.S.,
84	relating to the authority of the Governor and the Chief
85	Financial Officer to borrow money; providing editorial
86	changes; amending s. 250.26, F.S., relating to transfer of
87	funds; providing editorial changes; amending s. 250.28,
88	F.S.; specifying additional circumstances under which the
89	Adjutant General may activate troops; amending s. 250.29,
90	F.S., relating to the duty of an officer receiving an
91	order to provide emergency aid to a civil authority;
92	increasing the penalty for failure to comply with such an
93	order; providing editorial changes; amending s. 250.30,
94	F.S., relating to orders of civil authorities, tactical
95	direction of troops, and efforts to disperse attack;
96	providing editorial changes; amending s. 250.31, F.S.,
97	relating to liability of members of the Florida National
98	Guard; providing editorial changes; amending s. 250.32,
99	F.S., relating to a commanding officer's control of arms
100	sales and intoxicating liquors; providing editorial
101	changes; amending s. 250.33, F.S., relating to powers of
102	commanding officers on state active duty; conforming
103	provisions to changes made by the act; amending s. 250.34
104	F.S., relating to injury or death on state active duty;
105	clarifying that injuries resulting from a preexisting
106	condition are not compensable; providing for coverage
107	under the Workers’ Compensation Law under certain
108	circumstances; providing requirements of the Division of
109	Risk Management of the Department of Financial Services
110	and the Department of Military Affairs with respect to
111	specified payments and legal costs; providing editorial
112	changes; amending s. 250.341, F.S.; providing requirements
113	for the continuation or reinstatement of health insurance
114	upon call to active duty or state active duty; providing
115	exceptions to specified notice requirements to an
116	employer; providing editorial changes; amending s. 250.35,
117	F.S., relating to courts-martial; prohibiting the trial of
118	a warrant officer or cadet by a summary court-martial;
119	revising provisions relating to the convening of general
120	courts-martial and punishments adjudged with respect
121	thereto; limiting punishments of special courts-martial
122	with bad conduct discharge authority; revising provisions
123	relating to the convening of special courts-martial and
124	punishments adjudged with respect thereto; revising
125	provisions relating to punishments adjudged pursuant to
126	summary courts-martial; limiting certain nonjudicial
127	punishments; revising provisions relating to the appeal of
128	a finding of guilt and the sentence of a court-martial and
129	the dismissal of a general or special court-martial;
130	providing editorial changes; creating s. 250.351, F.S.;
131	providing for applicability of ch. 250, F.S., and the
132	Uniform Code of Military Justice; providing for
133	jurisdiction of a court-martial or court of inquiry;
134	amending s. 250.36, F.S., relating to mandates and
135	process; authorizing the Adjutant General and certain
136	other military officers to issue pretrial confinement
137	warrants and subpoenas and enforce the attendance of
138	witnesses and the production of documents; providing
139	editorial changes; amending s. 250.37, F.S., relating to
140	expenses of courts-martial; providing editorial changes;
141	amending s. 250.375, F.S., relating to the authority of
142	medical officers to practice medicine on military
143	personnel or civilians under certain circumstances;
144	providing editorial changes; amending s. 250.38, F.S.,
145	which prohibits actions or proceedings against a member of
146	a military court or person acting under the military
147	court's authority; providing editorial changes; amending
148	s. 250.39, F.S.; revising penalties imposed for contempt;
149	providing editorial changes; amending s. 250.40, F.S.,
150	relating to the Armory Board; revising provisions with
151	respect to the membership, organization, duties, and
152	responsibilities of the Armory Board; providing additional
153	duties; providing duties and requirements of the state
154	quartermaster; revising provisions relating to receipt of
155	funds and donations by the Armory Board and the use and
156	deposit of funds; providing editorial changes; amending s.
157	250.43, F.S.; increasing the penalties for violations
158	involving wearing a uniform or insignia of rank without
159	authorization; amending s. 250.44, F.S.; revising
160	provisions which provide penalties for actions which
161	constitute theft of military clothing, arms, outfits, or
162	property; providing editorial changes; amending s. 250.45,
163	F.S.; increasing the penalty for discriminating against
164	military personnel; amending s. 250.46, F.S., relating to
165	entitlement of specified military personnel to additional
166	pay; providing editorial changes; amending s. 250.47,
167	F.S., relating to the required permission of the Governor
168	for a unit of the Florida National Guard to leave the
169	state; providing editorial changes; amending s. 250.48,
170	F.S.; including officers and employees of school districts
171	within provisions which provide entitlement to leave of
172	absence; qualifying time limitations for leaves of
173	absence; amending s. 250.481, F.S., relating to the
174	prohibition of discrimination against a person due to any
175	obligation as a reservist; incorporating by reference
176	specified federal law with respect to reservists serving
177	on active duty; amending s. 250.482, F.S.; including
178	school districts and vocational and technical schools
179	within entities that may not penalize a member of the
180	Florida National Guard ordered into state active duty;
181	amending s. 250.49, F.S., which provides for rations and
182	payment of expenses for officers and enlisted personnel
183	under certain circumstances; providing editorial changes;
184	amending s. 250.51, F.S.; increasing the penalty for
185	making an insulting remark or gesture toward the Florida
186	National Guard; providing editorial changes; amending s.
187	250.52, F.S.; increasing the penalty for unlawfully
188	persuading a person not to enlist in the United States
189	Armed Forces; providing editorial changes; amending s.
190	250.5201, F.S., relating to stay of civil action or
191	proceedings involving a person called into state active
192	duty or active duty; providing editorial changes; amending
193	s. 250.5202, F.S., relating to actions for rent or
194	possession by a landlord against a service member called
195	into state active duty or active duty; providing editorial
196	changes; amending s. 250.5204, F.S., relating to
197	restrictions on creditors with respect to installment
198	contracts with Florida National Guard members called into
199	state active duty or active duty; providing editorial
200	changes; amending s. 250.5205, F.S., relating to stay of
201	proceedings to enforce obligations secured by mortgage,
202	trust deed, or other security upon certain real or
203	personal property commenced during a period of state
204	active duty or active duty; providing editorial changes;
205	requiring the Florida National Guard to provide training,
206	training support, and facilities for the state’s drug
207	interdiction efforts, subject to annual appropriation;
208	repealing s. 250.13, F.S., relating to appointment of
209	general officers of the Florida National Guard; repealing
210	s. 250.21, F.S., relating to the retired list of the
211	Florida National Guard; repealing s. 250.27, F.S.,
212	relating to the definition of "active service" and
213	required specifications in orders; repealing s. 250.41,
214	F.S., relating to the definition of "armory," the control
215	and management of state military properties, and a
216	required annual report of the Armory Board; repealing s.
217	250.42, F.S., relating to the authority of the Armory
218	Board to convey, lease, or release certain lands or to
219	acquire, renovate, or construct certain facilities;
220	amending s. 932.7055, F.S.; correcting a reference, to
221	conform; providing an effective date.
222
223	Be It Enacted by the Legislature of the State of Florida:
224
225	Section 1. Section 250.01, Florida Statutes, is amended to
226	read:
227	(Substantial rewording of section. See
228	s. 250.01, F.S., for present text.)
229	250.01 Definitions.--As used in this chapter, the term:
230	(1) “Active duty” means full-time duty in the active
231	military service of the United States. The term includes federal
232	duty such as full-time training, annual training, and attendance
233	while a person is in the active military service attending a
234	school designated as a service school by law or by the secretary
235	of the applicable military department. The term does not mean
236	full-time duty in the National Guard.
237	(2) “Air National Guard” means that part of the National
238	Guard of a state or territory of the United States, Puerto Rico,
239	or the District of Columbia, whether active or inactive, which
240	is:
241	(a) An air force.
242	(b) Trained, and has its officers appointed, under the
243	United States Constitution.
244	(c) Organized, armed, and equipped wholly or partially at
245	federal expense.
246	(d) Federally recognized.
247	(3) “Air National Guard of the United States” means the
248	reserve component of the Air Force, the membership of which
249	consists of members of the Air National Guard.
250	(4) “Armed forces” means the United States Army, Navy, Air
251	Force, Marine Corps, and Coast Guard.
252	(5) “Armory” means a building or group of buildings used
253	primarily for housing and training troops or for storing
254	military property, supplies, or records.
255	(6) “Army National Guard” means that part of the National
256	Guard of a state or territory of the United States, Puerto Rico,
257	or the District of Columbia, whether active or inactive, which
258	is:
259	(a) A land force.
260	(b) Trained, and has its officers appointed, under the
261	United States Constitution.
262	(c) Organized, armed, and equipped wholly or partially at
263	federal expense.
264	(d) Federally recognized.
265	(7) “Army National Guard of the United States” means the
266	reserve component of the Army, the membership of which consists
267	of members of the Army National Guard.
268	(8) “Convening authority” means a commissioned officer in
269	command and his or her successors in command.
270	(9) “Enlisted personnel” means a person enlisted,
271	inducted, called, or conscripted into a branch of the United
272	States Armed Forces in an enlisted grade.
273	(10) “Grade” means a step or degree in a graduated scale
274	of office or military rank which is established and designated
275	as a grade by law or rule.
276	(11) “Military judge” means the presiding officer of a
277	general or special court-martial. Except as otherwise expressly
278	provided, in the context of a summary court-martial, “military
279	judge” includes the summary court-martial officer.
280	(12) “Military post” means any armory, facility,
281	installation, or real property under the supervision or control
282	of the Armory Board which is used primarily for housing and
283	training troops; performing administrative duties; or storing
284	military property, supplies, or records.
285	(13) “National Guard” means the Army National Guard
286	and the Air National Guard.
287	(14) “National Guard Bureau” means the Joint Bureau of the
288	Department of the Army and the Department of the Air Force
289	within the Department of Defense, as defined in 10 U.S.C. s.
290	10501.
291	(15) “Offense” means a criminal charge under the
292	Uniform Code of Military Justice (2002 Edition).
293	(16) “Officer” means a commissioned officer or warrant
294	officer.
295	(17) “Post commander” means the officer in charge of
296	a military post or training site, a National Guard armory, or a
297	portion of a National Guard armory when colocated in an Armed
298	Forces Reserve Center.
299	(18) “Rank” means the order of precedence among members of
300	the United States Armed Forces.
301	(19) “State active duty” means full-time duty in the
302	active military service of the State of Florida when
303	ordered by the Governor or Adjutant General in accordance
304	with s. 250.06, s. 250.10, or s. 250.28 to preserve the
305	public peace, execute the laws of the state, suppress
306	insurrection, repel invasion, enhance domestic security and
307	respond to terrorist threats or attacks, respond to an
308	emergency as defined in s. 252.34 or imminent danger of an
309	emergency, enforce the laws, carry out counter-drug
310	operations, provide training, provide for the security of
311	the rights or lives of the public, protect property, or
312	conduct ceremonies. The term includes the duties of
313	officers or enlisted personnel who are employed under the
314	order of the Governor in recruiting; making tours of
315	instruction; inspecting troops, armories, storehouses,
316	campsites, rifle ranges, or military property; sitting on
317	general or special courts-martial, boards of examination,
318	courts of inquiry, or boards of officers; and making or
319	assisting in physical examinations.
320	(20) “Troops” includes personnel of the Army National
321	Guard and the Air National Guard.
322	Section 2. Section 250.02, Florida Statutes, is amended to
323	read:
324	250.02 Militia.--
325	(1) The militia consistsshall consistof all able-bodied
326	citizens of this state, and all other able-bodied persons who
327	shallhave declared their intention to become citizens.
328	(2) The organized militia isshall becomposed of the
329	National Guard and anysuch other organized military forces that
330	as are now or may beauthorized by law.
331	(3) The unorganized militia isshall becomposed of all
332	persons who aresubject to military duty but who are not members
333	of units of the organized militia.
334	(4) Only persons exempt from military duty by the terms of
335	federal law arethe National Defense Act shall beexempt from
336	military duty in this state.
337	Section 3. Section 250.03, Florida Statutes, is amended to
338	read:
339	250.03 Military law of the stateNational Defense
340	Act.--Federal laws thatAll provisions of the National Defense
341	Act and all laws amendatory thereof and supplemental thereto
342	insofar as they relate to the Florida National Guard, and that
343	are not inconsistent with the State Constitution, or state law,
344	are declared to be a part of the military laws of the state.and
345	The Governor of Florida, as commander in chief, may do and
346	perform all acts and make and publish such rules and regulations
347	to raise and keep the Florida National Guard atin every respect
348	up tothe standard required by the laws of the United States and
349	the rules and regulations of the Secretary of Defense governing
350	the National Guard, now existing or which may hereafter be
351	enacted or promulgated for the National Guard.
352	Section 4. Section 250.04, Florida Statutes, is amended to
353	read:
354	250.04 Naval militia; marine corps.--The Governor mayis
355	authorized in his or her discretion toorganize a naval militia
356	and a marine corps in accordance with federal lawthe laws now
357	existing or which may hereafter be enacted by the Congress
358	governing the Naval Militia or Marine Corps of the United
359	States,and regulations issued by the Secretary of the Navy for
360	the governinggovernmentof the United States Navy, Naval
361	Militia,and Marine Corps.
362	Section 5. Section 250.05, Florida Statutes, is amended to
363	read:
364	250.05 Department of Military Affairs.--
365	(1) The agency of the state government heretofore known as
366	the Military Department shall henceforth be known as the
367	Department of Military Affairs of the State, which shall be
368	organizedcomposed of the military forcesas provided in the
369	laws of this state.
370	(2) "Military personnel of the Department of Military
371	Affairs" includes any person who is required to wear a military
372	uniform in performingthe performance ofhis or her official
373	duties, and who is required to serve in the Florida National
374	Guard as a condition of his or her employment by the department.
375	(3) The head of the Department of Military Affairs is the
376	Adjutant General.
377	Section 6. Section 250.06, Florida Statutes, is amended to
378	read:
379	250.06 Commander in chief.--
380	(1) The Governor of Florida isshall bethe commander in
381	chief of all the militia of the state.
382	(2) The Governor of Florida, as commander in chief, may
383	alter, increase, divide, annex, consolidate, disband, organize,
384	or reorganize an organization, department, corps, or staff,so
385	as to conform as far as practicable to any organization, system,
386	drill, instruction, corps or staff, uniform or equipment, or
387	period of enlistment, now or hereafterprescribed by the laws of
388	the United States, and the rules and regulations adopted
389	promulgated thereunder by the Department of Defense,for the
390	organization, armament, training, and discipline of the Florida
391	National Guard organized militia.
392	(3) The Governor mayshall have the power, in order to
393	preserve the public peace, execute the laws of the state,
394	suppress insurrection, repel invasion, respond to an emergency
395	as defined in s. 252.34(3) or imminent danger thereof, or in
396	case of the calling of all or any portion of the militia of
397	Florida into the services of the United States, maytoincrease
398	the Florida National Guardorganized militia of this stateand
399	organize itthe same in accordance with the existingrules and
400	regulations governing the Armed Forces of the United States., or
401	in accordance with such other system as the Governor may
402	consider the exigency to require; andSuch organization and
403	increase may be eitherpursuant to or in advance of any call
404	made by the President of the United States. If the Florida
405	National Guard is activated into service of the United States,
406	another organization may not be designated as the Florida
407	National Guard.
408	(4) The Governor mayshall have the power, in order to
409	preserve the public peace, execute the laws of the state,
410	enhance domestic security, respond to terrorist threats or
411	attacks,or respond to an emergency as defined in s. 252.34(3)
412	or imminent danger thereof, or respond to any need for emergency
413	aid to civil authorities as specified in s. 250.28,toorder
414	into state active dutyactive service of the stateall or any
415	part of the militia whichthat he or she deemsmay deem proper.
416	During the absence of any organization in the service of the
417	United States, its state designation shall not be given to any
418	new organization.
419	(5)(4) The Governor may authorize all or any part of the
420	Florida National Guardorganized militiato participate in any
421	parade, review, inspection, ceremony, or other public exercise;
422	or to serve for escort duty; to participate in training;,to
423	provide extraordinary support to law enforcement upon request;,
424	and to provide humanitarian relief in situations for which it is
425	uniquely qualified.; and Such expenses incidental thereto and
426	authorized byas the Governor may authorize may be paid as
427	hereinafter provided for state active dutyactive service.
428	(6) The Governor may convene general courts-martial and
429	may delegate the authority to convene general courts-martial to
430	the Adjutant General.
431	Section 7. Section 250.07, Florida Statutes, is amended to
432	read:
433	250.07 Florida National Guard; composition; departmental
434	organization.--
435	(1) The Florida National Guard shall consist of members of
436	the militia enlisted personnel,therein and ofcommissioned
437	officers,and warrant officers who are citizens of the United
438	States or have declared their intention to become citizens of
439	the United States, organized, armed, equipped, and federally
440	recognized, in accordance with the laws of the state and the
441	laws and regulations of the Department of the Army and the
442	Department of the Air Force. The state headquarters of the
443	Florida National Guard shall include separate components for the
444	Army and Air Force.
445	(2) All general officers of the Florida National Guard
446	must be federally recognized and appointed by the Governor,
447	subject to confirmation by the Senatebe organized so as to
448	establish a department for army and a department for air. The
449	state headquarters will be under the administration of the state
450	Adjutant General, who shall hold the rank of major general or
451	such higher rank as may be authorized by applicable tables of
452	organization of the Department of the Army. There shall be an
453	Assistant Adjutant General for Army who shall hold rank, not
454	higher than brigadier general, and who shall assist and advise
455	the Adjutant General in the supervision and operation of the
456	Florida Army National Guard, and an Assistant Adjutant General
457	for Air who shall hold rank, not higher than brigadier general,
458	and who shall assist and advise the Adjutant General in the
459	supervision and operation of the Florida Air National Guard.
460	Each of the three aforementioned officers shall be a federally
461	recognized officer of the Florida National Guard, who shall have
462	served therein as such for at least 5 years and has attained the
463	rank of major or higher.
464	Section 8. Section 250.08, Florida Statutes, is amended to
465	read:
466	250.08 Florida National Guard organized.--The Governor of
467	Florida may perform any and all acts, and make and publish all
468	such rules and regulations, as he or she considersmay deem
469	necessary to organizeeffect the organization or reorganize
470	reorganization of the Florida National Guard, in conformity to
471	federal lawthe terms of the National Defense Act,and the
472	rules, regulations, and proclamations ofpromulgated bythe
473	President of the United States or the Department of Defense,
474	relating to the National Guard of this state or the United
475	Statesseveral states.
476	Section 9. Section 250.09, Florida Statutes, is amended to
477	read:
478	250.09 Appropriations, property and equipment.--The
479	Governor of Florida may take all necessary steps to obtain all
480	appropriations, property, and equipment, now or hereafter
481	provided by the United States or authorized by law for the use,
482	aid, equipment, benefit, or instruction of the FloridaNational
483	Guard.
484	Section 10. Section 250.10, Florida Statutes, is amended
485	to read:
486	250.10 Appointment and duties of the Adjutant General.--
487	(1) In case of a vacancy, the Governor shall, subject to
488	confirmation by the Senate, appoint a federally recognized
489	officer of the Florida National Guard, who hasshall have served
490	in the Florida National Guardtherein as suchfor the preceding
491	5 years and attained the rank of colonel or higher, to be the
492	Adjutant General of the state with the rank of not less than
493	brigadier general or such higher rank as may be authorized by
494	applicable tables of organization of the Department of the Army
495	or the Department of the Air Force. The Adjutant General and all
496	other military personnelofficersof the Florida National Guard
497	on full-time militarypermanentduty with the Department of
498	Military Affairs, except military police and firefighters,and
499	who are paid from state funds shall receive the pay and
500	allowances of their respective grade as prescribed by applicable
501	pay tables of the national military establishment for similar
502	grade and period of service of personnel, unless a different
503	rate of pay and allowances isbe specified in anthe
504	appropriation act of the Legislaturebill, in which event such
505	pay shall be the amount therein specified. An officer, with his
506	or her consent, may be ordered to state active dutyactive state
507	servicefor administrative duty with the Department of Military
508	Affairs at a grade lower than the officer currently holds.
509	(2) The Adjutant General of the state shall be the Chief
510	of the Department of Military Affairs. He or sheshall:
511	(a) Supervise the receipt, preservation, repair,
512	distribution, issue, and collection of all arms and military
513	equipmentstoresof the state.
514	(b) Supervise all troops, arms, and branches of the
515	Florida National Guard, includingmilitia, such supervisory
516	powers covering primarily all duties pertaining totheir
517	organization, armament, discipline, training, recruiting,
518	inspection, instruction, pay, subsistence, and supplies.
519	(c) Maintain records of all military personnel of the
520	Florida National Guard and maintainofficers and men and women
521	of the organized militia, and keep on file in the Adjutant
522	General'soffice,copies of all orders, reports, and
523	communications received and issued by him or her.
524	(d) Cause the law and orders relating to the Florida
525	National Guardmilitia of Floridato be indexed, printed, and
526	bound, and prepare and publish blank books, forms, and
527	stationery when necessary, and furnish them at the expense of
528	the state.
529	(e)1. Prepare and publish by order of the Governor such
530	orders, rules, and regulations, consistent with law, as are
531	necessaryto bring the organization, armament, equipment,
532	training, and discipline of the Florida National Guard to a
533	state of efficiency as nearly as possible to that of the regular
534	United States Army and Air Force, and the Adjutant General shall
535	attest all orders of the commander in chief relating to the
536	Florida National Guardmilitia.
537	2. Establish by directive an organized and supervised
538	physical fitness program for militarystate active duty
539	personnel of the Department of Military Affairs, provided that
540	the program does not exceed 1 hour per day, for a maximum of 3
541	hours per week, and originates and terminates at the normal work
542	site. All fees, membership dues, equipment, and clothing
543	relating to such physical fitness program shall be at no cost to
544	the state. Administrative leave, not to exceed 3 hours per week,
545	shall be provided by the department to all state active duty
546	personnel authorized to participateparticipatingin the
547	physical fitness program.
548	3. Establish by directive a post exchange store for
549	members of the Florida National Guard, their families, guests,
550	and other authorized users. The post exchange store shall be
551	located at the Camp Blanding Training Site. The primary purpose
552	of the store is to provide for the morale, recreation, and
553	welfare of all service members training at the Camp Blanding
554	Training Site. The operation of the post exchange store must be
555	in accordance with state and federal laws, rules, and
556	regulations. Profits of the post exchange store, if any, shall
557	be deposited in the Camp Blanding Management Trust Fund and
558	shall be used to enhance the facilities and services provided by
559	the Camp Blanding Training Site. The Camp Blanding Management
560	Trust Fund may be used to initiate and support the initial
561	operations of the Camp Blanding post exchange store.The
562	Adjutant General may establish an account with a federally
563	insured financial institution in the state to facilitate the
564	operations of the post exchange store.
565	(f) Prepare such reports required byand returns asthe
566	Secretary of Defense may prescribe and require.
567	(g) Provide military police or security guards to secure
568	or guard any state military reservation or armory that the
569	Adjutant General finds necessary to secure or guard.
570	(g)(h) Perform such other duties as may berequired of the
571	Adjutant General by the commander in chief.
572	(h)(i)The Adjutant General may Employ personnelsuch
573	clerical help as isnecessary for the proper conduct of the
574	Department of Military Affairs. The Adjutant General may, and he
575	or she is authorized to accept personnelsuch clerical,
576	technical, or other assistants as may beprovided by the Federal
577	Government.
578	(i)(j)Establish and maintain as part of the Adjutant
579	General's office a repository of records of the services of
580	Florida troops, including Florida officers and enlisted
581	personnel, during all wars, and shallbe the custodian of all
582	records, relics, trophies, colors, and histories relating to
583	such wars which are possessed or, now in possession of or which
584	may beacquired by the state.
585	(j)(k)Maintain the Adjutant General shall have aseal of
586	office, to beapproved by the commander in chief, and all copies
587	of papers in his or her office, duly certified and authenticated
588	under the said seal, which areshall beadmissible in evidence
589	in all cases in like manner as if the original were produced.
590	(k)(l)ProvideThe Adjutant General shall, upon request,
591	providea summary to the Governor on the number and condition of
592	the Florida National Guardorganized militia, and the number and
593	condition of the arms and propertyaccoutermentsin the custody
594	of the state, and shall transmit to the Governor at thatsaid
595	time a detailed report of all funds and moneys received and
596	disbursed by the Department of Military Affairs. The Adjutant
597	General may also recommendmake such recommendations as to
598	needed legislation as he or she deemsmay deemproper.
599	(l)(m)Subject to annual appropriations, administer youth
600	About Face programs and adult Forward March programs at sites to
601	be selected by the Adjutant General.
602	1. About Face shall establish a summer and a year-round
603	after-school life-preparation program for economically
604	disadvantaged and at-risk youths from 13 through 17 years of
605	age.Both programs must provide schoolwork assistance, focusing
606	on the skills needed to master basic high school competencies
607	andpass the high school competency test, and also focus on
608	functional life skills, including teaching students to work
609	effectively in groups; providing basic instruction in computer
610	skills; teaching basic problem-solving, decision making, and
611	reasoning skills; teaching how the business world and free
612	enterprise work through computer simulations; and teaching home
613	finance and budgeting and other daily living skills.
614	1. About Face is a summer and a year-round after-school
615	life-preparation program for economically disadvantaged and at-
616	risk youths from 13 through 17 years of age. The program must
617	provide trainingIn the after-school program, students must
618	train in academic study skills,and the basic skills that
619	businesses require for employment consideration.
620	2. Forward March is a job-readiness program for
621	economically disadvantaged participants who are directed to
622	Forward March by the local regional workforce development boards
623	The Adjutant General shall provide job-readiness services in the
624	Forward March program for WAGES Program participants who are
625	directed to Forward March by local WAGES coalitions. The Forward
626	March program shall provide training on topics that directly
627	relate to the skills required for real-world success. The
628	program shall emphasize functional life skills, computer
629	literacy, interpersonal relationships, critical-thinking skills,
630	business skills, preemployment and work maturity skills, job-
631	search skills, exploring careers activities, how to be a
632	successful and effective employee, and some job-specific skills.
633	The program also shall provide extensive opportunities for
634	participants to practice generic job skills in a supervised work
635	setting. Upon completion of the program, Forward March shall
636	return participants to the local regional workforce development
637	boardWAGES coalitionfor placement in a job placement pool.
638	(m) Order troops to state active duty for training,
639	subject to approved appropriations or grants.
640	(3) The Adjutant GeneralThere shall furnishbe furnished
641	suitable buildings for conducting the business of the Department
642	of Military Affairs and for the proper storage, repair,and
643	issuance of military property.
644	(4) The Adjutant General shall employ, subject to
645	confirmation by the Senate,a federally recognized officer of
646	the Florida National Guard, who hasshall have served in the
647	Florida Army National Guardtherein as suchfor the preceding 5
648	years and attainedhave obtained the rank of colonel or higher
649	at the time of appointment, to be the Assistant Adjutant General
650	for Army. The officerwho shall perform thesuch duties as
651	required by the Adjutant General may require.
652	(5) The Adjutant General shall employ, subject to
653	confirmation by the Senate, a federally recognized officer of
654	the Florida National Guard, who has served in the Florida Air
655	National Guard for the preceding 5 years and attained the rank
656	of colonel or higher at the time of appointment, to be the
657	Assistant Adjutant General for Air. The officer shall perform
658	the duties as required by the Adjutant General.
659	(6)(5)The Adjutant General shall employ a federally
660	recognized officer of the Florida National Guard as the state
661	quartermaster who under the direction of the Adjutant General
662	shall accountis accountablefor all funds accruing to the
663	Department of Military Affairs;andshall receive, preserve,
664	repair, issue, distribute, and account for all Department of
665	Military Affairs property, including real estate pertaining to
666	the State Armory Board;, and mayshallconstruct, maintain,
667	improve, and repair facilities pertaining to the Department of
668	Military Affairs and the armory board. The state quartermaster
669	shallwill be the recorder of the armory board and will perform
670	anysuch other duties as may berequired of him or her by the
671	Adjutant General.
672	(6) The Adjutant General shall employ a federally
673	recognized officer of the Florida National Guard, who shall have
674	served therein as such for the preceding 5 years and have
675	attained the rank of colonel or higher, to be the Assistant
676	Adjutant General for Air who shall perform such duties as the
677	Adjutant General may require.
678	(7) The Adjutant General and representatives of the Board
679	of Regents, the State Board of Community Colleges,and the State
680	Board of Education shall design and develop education assistance
681	programsa tuition assistance programfor members in good
682	standing of the active Florida National Guard who enroll in a
683	public institution of higher learning in the state in accordance
684	with the provisions of subsection (8).
685	(a) The programsprogramshall set forth application
686	requirements, includingwhich include, but arenot limited to,
687	requirements that the applicant shall:
688	1. Be 17 years of age or older.
689	2. Be presently domiciled in the state.
690	3. Be a member in good standing in the active Florida
691	National Guard at the beginning of and throughout the entire
692	academic term for which benefits are received.
693	4. Maintain continuous satisfactory participation in the
694	active Florida National Guard for any school term for which
695	exemption benefits are received.
696	5. Upon enrollment in a program specified in subsection
697	(8) or subsection (9), complete a memorandum of agreement to
698	comply with the rules of the program andAgree in writing to
699	serve in the active Florida National Guard for 3 years after
700	completion of the studies for which an exemption is granted or
701	tuition and fees are paid.
702	(b) The program shall include, but not be limited to, the
703	following penalties:
704	1. When a member of the active Florida National Guard
705	receives an exemption from tuition and fees for any academic
706	term and fails to maintain satisfactory participation in the
707	Florida National Guard during such academic term, the exemption
708	shall immediately be forfeited and the member shall be required
709	to pay to the institution all tuition charges and student fees
710	for the current academic term for which the exemption has been
711	granted.
712	2. When a member of the active Florida National Guard
713	leaves the Florida National Guard during the 3-year period such
714	member had agreed to serve after completing the courses for
715	which exemptions were granted, the member shall be required to
716	reimburse the state for all tuition charges and student fees for
717	which such member received exemptions, unless the Adjutant
718	General determines there are justifiable extenuating
719	circumstances.
720	3. If the service of a member of the active Florida
721	National Guard is terminated or the member is placed on
722	scholastic probation while receiving exemption benefits, the
723	exemption shall be immediately forfeited and the member shall
724	pay to the institution all tuition charges and student fees for
725	the current academic term for which the member has received an
726	exemption.
727	(b)(c) The programsprogramshall define those members of
728	the active Florida National Guard who areineligible to
729	participate in the programsprogram and those courses of study
730	which are not authorized for the programsprogram.
731	1. Such members shall include, but are not belimited to:
732	a. Any member, commissioned officer,or warrant officer,
733	or enlisted person, who has a baccalaureate degree.
734	b. Any member who has 15 years or more of total military
735	service creditable toward retirement.
736	c. Any member who has not completed basic military
737	training.
738	2. Courses not authorized include noncredit courses,
739	courses thatwhich do not meet degree requirements, or courses
740	thatwhichdo not meet requirements for completion of
741	vocational-technical training.
742	(c)(d) The Adjutant General, together with the Board of
743	Regents, the State Board of Community Colleges, andthe State
744	Board of Education, shall adoptpromulgaterules for the overall
745	policy, guidance, administration, implementation, and proper
746	utilization of the programsprogram. Such rules mustshall
747	include, but not be limited to, guidelines for certification by
748	the Adjutant General of a guard member's eligibility, procedures
749	for notification to an institution of a guard member's
750	termination of eligibility, and procedures for restitution when
751	a guard member fails to comply with the penalties described in
752	this sectionparagraph (b).
753	(8) The Department of Military Affairs mayis authorized
754	to administer a tuition exemptionan educational tuition
755	assistance program, known as the State Tuition Exemption Program
756	(STEP),for members of the Florida National Guard who qualify
757	pursuant to subsection (7).
758	(a) Members of the Florida National Guard areshall be
759	exempt from payment of one-half of tuition and fees subject to
760	the following limitations:
761	1. A member may not participateParticipation in the STEP
762	program for more thanshall not exceed a period of 10 years
763	followingfrom the date of enrollment in the tuition exemption
764	assistance program, or shall continue until graduation or
765	termination of the full-time or part-time student, whichever
766	occurs earlier.
767	2. Florida National Guard members shall be admitted on a
768	space-available basis.
769	(b) Notwithstanding paragraph (a) and subject to
770	appropriations, the Department of Military Affairs may pay one-
771	halfthe full costof tuition and fees for required courses for
772	members of the Florida National Guard if a member is unable to
773	obtain admittance on a space-available basis and, at least on
774	one previous occasion, the member was denied admission to the
775	required course.
776	(c) Courses not authorized include noncredit courses,
777	courses that do not meet degree requirements, and courses that
778	do not meet requirements for completion of vocational-technical
779	training.
780	(d) Program penalties include, but are not limited to:
781	1. If a member of the active Florida National Guard
782	receives an exemption from tuition and fees for any academic
783	term and fails to maintain satisfactory participation in the
784	Florida National Guard during that academic term, the member
785	forfeits his or her exemption and shall pay the institution
786	granting the exemption all tuition charges and student fees for
787	the academic term for which the exemption was granted.
788	2. If a member of the active Florida National Guard leaves
789	the Florida National Guard during the 3-year period in which the
790	member has agreed to serve after completing the courses for
791	which an exemption was granted, the member shall reimburse the
792	institution granting the exemption for all tuition charges and
793	student fees for which the member received an exemption, unless
794	the Adjutant General finds there are justifiable extenuating
795	circumstances.
796	3. If the service of a member of the active Florida
797	National Guard is terminated or the member is placed on
798	scholastic probation while receiving the exemption, the
799	exemption shall be immediately forfeited and the member shall
800	pay the institution granting the exemption all tuition charges
801	and student fees for the academic term for which the exemption
802	was granted.
803	4. If a member defaults on any repayment made under this
804	paragraph, the institution may charge the member the maximum
805	interest rate authorized by law.
806	(9)(c)Subject to appropriations, the Department of
807	Military Affairs may pay the full cost of tuition and fees for
808	required courses for members of the Florida National Guard who
809	enlist after June 30, 1997. This program shall be known as the
810	Education Dollars for Duty Program (EDD), and shall be the
811	primary program for members of the Florida National Guard.
812	(a) A member may not participate in the Education Dollars
813	for Duty Program (EDD) for more than 5 years following the date
814	of eligibility for the program.
815	(b) Courses not authorized include noncredit courses,
816	courses that do not meet degree requirements, or courses that do
817	not meet requirements for completing vocational-technical
818	training.
819	(c) College-preparatory classes are authorized courses.
820	(d) Penalties for noncompliance with program requirements
821	include, but are not limited to:
822	1. Reimbursement to the Department of Military Affairs of
823	all tuition charges and student fees for an academic term for
824	which a member received payment if the member of the active
825	Florida National Guard received payment of tuition and fees for
826	any academic term and failed to maintain satisfactory
827	participation in the Florida National Guard during that academic
828	term.
829	2. Reimbursement to the Department of Military Affairs of
830	all tuition charges and student fees for which a member received
831	payments, unless the Adjutant General finds that there are
832	justifiable extenuating circumstances, if the member of the
833	active Florida National Guard leaves the Florida National Guard
834	during the 3-year period in which the member has agreed to serve
835	after completing the courses for which payments were made.
836	3. Reimbursement to the Department of Military Affairs of
837	all tuition charges and student fees for an academic term for
838	which a member received a payment if the service of the member
839	of the active Florida National Guard is terminated or the member
840	is placed on scholastic probation while receiving payments.
841
842	If a member defaults on any reimbursement made under this
843	paragraph, the department may charge the member the maximum
844	interest rate authorized by law.
845	Section 11. Section 250.115, Florida Statutes, is amended
846	to read:
847	250.115 Department of Military Affairs direct-support
848	organization.--
849	(1) DEFINITIONS.--As used in this section, the termFor
850	the purposes of this section:
851	(a) "Direct-support organization" means an organization
852	that is:
853	1. A Florida corporation not for profit, incorporated
854	under the provisions ofchapter 617 and approved by the
855	Department of State.
856	2. Organized and operated exclusively to raise funds;
857	request and receive grants, gifts, andbequests of moneys;
858	acquire, receive, hold, invest, and administer in its own name
859	securities, funds, or property; and make expenditures to or for
860	the direct or indirect benefit of the Department of Military
861	Affairs or the Florida National Guard.
862	3. Determined by the Department of Military Affairs to be
863	operating in a manner consistent with the goals of the
864	Department of Military Affairs and the Florida National Guard
865	and in the best interest of the state. Any organization that is
866	denied certification by the Adjutant General may not use the
867	name of the Florida National Guard or the Department of Military
868	Affairs in any part of its name or its publications.
869	(b) "Personal services" includes full-time or part-time
870	personnel as well as payroll processing.
871	(2) BOARD OF DIRECTORS.--The organization shall be
872	governed by a board of directors. The Adjutant General, or his
873	or her designee, shall appoint aserve aspresident of the
874	board. The board of directors shall consist of up to 15 members
875	appointed by the president of the boardAdjutant General. Up to
876	15 additional members mayshallbe appointed by the board of
877	directors. The terms of office of the members shall be 3 years.
878	Members must be residents of the state and highly knowledgeable
879	about the United States military, its service personnel, and its
880	missions. In making appointments, the board must consider a
881	potential member's background in community service. The board
882	Adjutant Generalmay remove any member for cause and shall fill
883	vacancies that occur.
884	(3) USE OF PROPERTY.--
885	(a) The Department of Military Affairs mayAdjutant
886	General is authorized to permit the use of departmental
887	property, facilities, and personal services of the Department of
888	Military Affairsby the direct-support organization, subject to
889	the provisions of this section.
890	(b) The Department of Military AffairsAdjutant General
891	may prescribe by rule any condition with which a direct-support
892	organization organized under this section must comply in order
893	to use departmental property, facilities, or personal services
894	of the Department of Military Affairs.
895	(c) The Department of Military AffairsAdjutant General
896	may not permit the use of departmentalproperty, facilities, or
897	personal services of the Department of Military Affairsby any
898	direct-support organization organized under this section that
899	does not provide equal employment opportunities to all persons
900	regardless of race, color, national origin, gendersex, age, or
901	religion.
902	(4) ACTIVITIES; RESTRICTIONS.--Any transaction or
903	agreement between the direct-support organization organized
904	pursuant to this section and another direct-support organization
905	or center of technology innovation designated under s. 1004.77
906	must be approved by the Department of Military AffairsAdjutant
907	General.
908	(5) ANNUAL BUDGETS AND REPORTS.--The direct-support
909	organization shall submit to the Department of Military Affairs
910	Adjutant Generalits federal Internal Revenue Service
911	Application for Recognition of Exemption form (Form 1023) and
912	its federal Internal Revenue Service Return of Organization
913	Exempt from Income Tax form (Form 990).
914	(6) ANNUAL AUDIT.--The direct-support organization shall
915	provide for an annual financial audit in accordance with s.
916	215.981.
917	Section 12. Section 250.12, Florida Statutes, is amended
918	to read:
919	250.12 Appointment of commissioned and warrant
920	officers.--The appointment of commissioned officers and warrant
921	officers shall conform in number, rank,and designation, and
922	shall be based upon and made in conformity with tables of
923	organization for the National Guard as prescribed in National
924	Guard regulations published by the National Guard Bureau. The
925	appointees shall hold their appointments subject to continuance
926	of federal recognition, or attainment of age 64 years, unless
927	relieved by reason of resignation or, disability,or for a cause
928	to be determined by a court-martial or efficiency board, legally
929	convened for that purpose. Vacancies shall, when practicable, be
930	filled by appointment from personnel of the FloridaNational
931	Guard of this state.
932	Section 13. Section 250.16, Florida Statutes, is amended
933	to read:
934	250.16 Authority to incur charge against state.--AnNo
935	officer of the militia or Florida National Guard may notshall
936	make any purchases or enter into any contract or agreement for
937	purchases or services as a charge against the state without the
938	authority of the Adjutant General.
939	Section 14. The Armory Board Trust Fund within the
940	Department of Military Affairs, FLAIR number 62-2-039, is
941	renamed the Cooperative Agreement Trust Fund.
942	Section 15. It is the intent of the Legislature through
943	this act to codify s. 250.601, Florida Statutes, the Emergency
944	Response Trust Fund within the Department of Military Affairs,
945	as s. 250.175(2), Florida Statutes; to codify the Camp Blanding
946	Management Trust Fund within the Department of Military Affairs,
947	FLAIR number 62-2-069, as s. 250.175(3), Florida Statutes; and
948	to codify the Armory Board Trust Fund within the Department of
949	Military Affairs, FLAIR number 62-2-039, renamed the Cooperative
950	Agreement Trust Fund by this act, as s. 250.175(4), Florida
951	Statutes. It is the purpose and intent of the Legislature
952	through this act in revising pt. II of chapter 250, Florida
953	Statutes, the Military Code, to rearrange, renumber, reword,
954	reorder, streamline, consolidate, and update the Military Code
955	consistent with current law. The provisions of this act do not
956	create, re-create, or terminate any trust fund and are merely a
957	consolidation of provisions relating to the department's trust
958	funds into a single section.
959	Section 16. Section 250.175, Florida Statutes, is amended,
960	section 250.601, Florida Statutes, is renumbered as subsection
961	(2) of said section, and new subsections (3) and (4) are added
962	to said section, to read:
963	250.175 Trust funds; authorization; purposeFederal Law
964	Enforcement Trust Fund.--
965	(1)(a)The Federal Law Enforcement Trust Fund is created
966	within the Department of Military Affairs. The department shall
967	may deposit into the trust fund moneys received from the
968	forfeiture of assets obtained through illegal drug activities,
969	which shall be used to support law enforcement and counter-drug
970	activities and drug interdiction programs of the Florida
971	National Guardreceipts and revenues received as a result of
972	federal criminal, administrative, or civil forfeiture
973	proceedings and receipts and revenues received from federal
974	asset-sharing programs. The trust fund is exempt from the
975	service charges imposed by s. 215.20.
976	(b)(2) Notwithstanding the provisions ofs. 216.301 and
977	pursuant to s. 216.351, any balance in the trust fund at the end
978	of any fiscal year shall remain in the trust fund at the end of
979	the year and isshall beavailable for carrying out the purposes
980	of the trust fund. The trust fund is exempt from the service
981	charges imposed by s. 215.20.
982	250.601 Emergency Response Trust Fund.--
983	(2)(a)(1)The Emergency Response Trust Fund is created
984	within the Department of Military Affairs.
985	(2) Funds to be credited to the trust fund shall consist
986	ofReimbursements from the Federal Emergency Management Agency
987	for the costs of activating the Florida National Guard and
988	transfers of state funds approved by budget amendments processed
989	underas provided in chapter 216 shall be deposited into the
990	trust fund. The trust fundSuch fundsshall be used to pay all
991	operational costs incurred by the Florida National Guard when
992	called to active duty.
993	(3)(a) The trust fund is exempt from the service charges
994	imposed by s. 215.20.
995	(b)(4)In accordance with s. 19(f)(2), Art. III of the
996	State Constitution, the Emergency Response Trust Fund shall,
997	unless terminated sooner, be terminated on July 1, 2006. Before
998	its scheduled termination, the trust fund shall be reviewed as
999	provided in s. 215.3206(1) and (2).
1000	(c)(b) Notwithstanding s. 216.301,and pursuant to s.
1001	216.351, any balance in the trust fund at the end of anythe
1002	fiscal year shall remain in the trust fund and isshall be
1003	available for carrying out the purposes of the trust fund. The
1004	trust fund is exempt from the service charges imposed by s.
1005	215.20.
1006	(3)(a) The Camp Blanding Management Trust Fund is created
1007	within the Department of Military Affairs. The department shall
1008	deposit funds generated by revenue producing activities on the
1009	Camp Blanding Military Reservation into the trust fund, which
1010	shall be used to support required training of the Florida
1011	National Guard.
1012	(b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
1013	any balance in the trust fund at the end of any fiscal year
1014	shall remain in the trust fund and is available for carrying out
1015	the purposes of the trust fund. The trust fund is exempt from
1016	the service charges imposed by s. 215.20.
1017	(4)(a) The Cooperative Agreement Trust Fund is created
1018	within the Department of Military Affairs. The department shall
1019	deposit into the trust fund federal funds received by the
1020	department under cooperative agreements between the federal and
1021	state governments, which shall be used to perform the functions
1022	and tasks as specified in the agreements. The department shall
1023	also deposit into the trust fund other funds received by the
1024	department.
1025	(b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
1026	any balance in the trust fund at the end of any fiscal year
1027	shall remain in the trust fund and is available for carrying out
1028	the purposes of the trust fund.
1029	Section 17. Section 250.18, Florida Statutes, is amended
1030	to read:
1031	250.18 Commissioned officers and warrant officers,
1032	clothing and uniformsuniform allowance.--Each commissioned
1033	officer and warrant officer of the Florida National Guard must
1034	provide his or her own uniforms
1035	(1) Acceptance of appointment as a commissioned or warrant
1036	officer in the National Guard of Florida shall involve an
1037	obligation upon the part of the appointee to immediately supply
1038	such arms, uniform, and articles of personal military equipment
1039	as areprescribed under Department of the Army and Department of
1040	the Air Force regulations for commissioned or warrant officers
1041	of the National Guard or officers of the Army or Air Force of
1042	the United States, of like grade and office.
1043	(2) There shall be paid, upon appointment, to each
1044	federally recognized commissioned and warrant officer in the
1045	Florida National Guard, upon the officer's requisition, approved
1046	by the Adjutant General, the sum of $100 as a uniform allowance.
1047	Section 18. Section 250.19, Florida Statutes, is amended
1048	to read:
1049	250.19 Expenses for travel on military business.--Any
1050	officer or enlisted person of the Florida National Guard,
1051	traveling on military business not with troops, in obedience to
1052	the orders of the Governor, mustshallbe reimbursed for
1053	expenses incurred in the performance of such duties as
1054	prescribed by law for state officers and employees.
1055	Section 19. Section 250.20, Florida Statutes, is amended
1056	to read:
1057	250.20 Armory operations;Maintenanceallowances.--
1058	(1) A monetary allowanceThereshall be paid quarterly to
1059	the post commander of each FloridaNational Guard armory from
1060	funds appropriated to the Department of Military Affairs, upon
1061	the approval of the Adjutant General, a monetary allowancebased
1062	on a calculation of need asdetermined by the Adjutant General,
1063	exclusive of any space utilized and maintained by a federally
1064	funded activity of the Florida National Guard. The allowance
1065	shall cover costs for the operation, maintenance, and repair of
1066	the armory facilities, and for necessary expenses of the units
1067	located at the armory. The amount of the allowance shall be
1068	computed by the Adjutant General as of June 30 of each year for
1069	purposes of determining the total amounts payable for inclusion
1070	in his or her budget request to the Legislature.
1071	(2) Payment of all allowances authorized under this
1072	section areshall be subject to such rules as may beprescribed
1073	by the Adjutant General and all moneys so paid areshall be
1074	treated as public moneys and must beaccounted for as prescribed
1075	by rules. All funds must be deposited into a federal depository
1076	approved by the Department of Military Affairs.
1077	(3) IfIn the event an insufficient appropriation isbe
1078	made to the Department of Military Affairs to pay the allowances
1079	hereinaboveset forth in subsection (1), or if for other
1080	sufficient reason thesaidamounts require redistribution among
1081	the National Guard armories, thenthe amount to be paid to such
1082	armories shall be adjusted as may beadministratively determined
1083	by the Adjutant General. Each post commander is responsible for
1084	the proper receipt and distribution of the post armory
1085	operations allowance as directed by the Department of Military
1086	Affairs.
1087	Section 20. Section 250.23, Florida Statutes, is amended
1088	to read:
1089	250.23 Pay for state active dutyactive service in
1090	state.--
1091	(1) Officers and enlisted personnel of the Florida
1092	National Guard, when ordered to state active dutyactive service
1093	by the state, as now defined by law,shall receive the pay and
1094	allowance as prescribed in the applicable pay tables for similar
1095	grades and periods of service of personnel in the United States
1096	Army or Air Force. AllEnlistedpersonnel shall be provided
1097	subsistence in kind or commutation therefor in thesuch amount
1098	as may beprescribed by the Adjutant General.
1099	(2) Enlisted personnel of the Florida National Guard who
1100	are ordered to state active dutyactive service by the state, as
1101	now defined by law,shall be paid $20 per day in addition to any
1102	and all other compensation provided.
1103	Section 21. Section 250.24, Florida Statutes, is amended
1104	to read:
1105	250.24 Pay and expenses; appropriation; procedures.--
1106	(1) The pay and expenses of troops ordered to state active
1107	dutyout in active service of the stateshall be paid from any
1108	appropriation for preserving the public peace or from the pay
1109	and expenses of troops ordered out in aid of civil authorities.
1110	Payments shall be made upon prescribed forms of payrolls and
1111	vouchers, accompanied by copies of the order under which troops
1112	were acting, certified by the Adjutant General and approved by
1113	the Governor. In those instances where the payment will be made
1114	from the Department of Military Affairs annual appropriation,
1115	the payroll need not be approved by the Governor. The Adjutant
1116	General shall be the sole authority of said pay for state active
1117	duty.
1118	(2) An estimated cost for pay, allowances, and expenses
1119	shall be calculated by the Adjutant General as soon as possible
1120	after the troops are ordered to state active duty,out in active
1121	service of the state;and the Adjutant General shall request a
1122	release of moneys for such purpose.
1123	(3) Notwithstanding the provision ofs. 216.271, moneys
1124	for pay and allowances of the troops ordered to state active
1125	dutyout in active service of the state shall be deposited in
1126	the Emergency Response Trust Funda separate revolving fund,
1127	which mustshall be approved by the Chief Financial Officer
1128	Comptroller and isshall besubject to the provisions of s.
1129	18.101(2). The Department of Military Affairs shall administer
1130	the fund. Frequency of payments to such troops shall be at the
1131	discretion of the Adjutant General. The Department of Military
1132	Affairs shall present to the Chief Financial OfficerComptroller
1133	audit documentation of such payments. The Department of Military
1134	Affairs shall maintain all employee records relating to payments
1135	made pursuant to this subsection and shall furnish to the Chief
1136	Financial OfficerComptrollerthe information necessary to
1137	update the payroll master record of each employee.
1138	(4) The fund balance remaining in the Emergency Response
1139	Trust Fundthis separate revolving fundafter a final accounting
1140	of all expenditures for pay and allowances of the troops shall
1141	be returned for deposit to the State Treasury within 45 days
1142	after the termination of stateactive duty of the troops, except
1143	that an operating balance in an amount mutually agreed upon by
1144	the Chief Financial OfficerComptrollerand the Department of
1145	Military Affairs shall be retained in the fund.
1146	(5) Vouchers for expenditures other than such pay and
1147	allowances shall be presented to the Chief Financial Officer
1148	Comptrollerfor approval and payment as prescribed by law.
1149	Section 22. Section 250.25, Florida Statutes, is amended
1150	to read:
1151	250.25 Governor and Chief Financial OfficerComptroller
1152	authorized to borrow money.--When athere is nostate
1153	appropriation is notavailable for the pay and expenses of
1154	troops called to state active dutyout in active serviceto
1155	preserve the peace or in aid of civil authorities, and funds are
1156	not immediately available for this purpose, the Governor and the
1157	Chief Financial OfficerComptrollermay borrow money to make
1158	such payments, in thesuch sum or sums as may from time to time
1159	be required, and any such loans, so obtained,shall be promptly
1160	repaid out of the first funds that become available for that
1161	suchuse.
1162	Section 23. Section 250.26, Florida Statutes, is amended
1163	to read:
1164	250.26 Transfer of funds.--Where the available funds are
1165	not sufficient for the purposes specified in ss. 250.23, 250.24,
1166	and 250.34, the Governor and the Chief Financial Officer
1167	Comptrollermay transfer from any available fund in the State
1168	Treasury the, such sum as may be necessary to meet thesuch
1169	emergency, and the said moneys must, so transferred, shallbe
1170	repaid to the fund from which transferred when moneys become
1171	available for that purpose by legislative appropriation or
1172	otherwise.
1173	Section 24. Section 250.28, Florida Statutes, is amended
1174	to read:
1175	250.28 Military support to civil authorityOrder for
1176	troops to aid civil authorities.--When an invasion or
1177	insurrection in the state is made or threatened, or whenever
1178	there exists a threat to security, a terrorist threat or attack,
1179	a riot, a mob, an unlawful assembly, a breach of the peace,or
1180	resistance to the execution of the laws of the state, or there
1181	is imminent danger thereof, whichand thecivil authorities are
1182	unable to suppress the same, the Governor, or in case the
1183	Governor cannot be reached and the emergency will not permit of
1184	awaiting his or her orders, the Adjutant General, shall issue an
1185	order to the officer in command of the body of troops best
1186	suited for the duty for which a military force is required,
1187	directing the officer to proceed with the troops, or as many
1188	thereof as may be necessary, with all possible promptness, to
1189	respond tosuppress the invasion, insurrection, threat to
1190	security, terrorist threat or attack, riot, mob, unlawful
1191	assembly, breach of the peace, or resistance to the execution of
1192	the laws of the state, or imminent danger thereofsame.
1193	Section 25. Section 250.29, Florida Statutes, is amended
1194	to read:
1195	250.29 Duty of officer receiving order to provide
1196	emergency aid tocivil authority; penalty for failure to
1197	comply.--Any officer receiving an order to provide emergency aid
1198	to a civil authority mustsuch orders shallimmediately notify
1199	the officersand enlistedpersonnel under his or her command,
1200	and as soon as the officer'stroops can be assembled, proceed to
1201	the duty site. If responding to a civil disturbance,place where
1202	such mob or body of riotous persons assembled to break the law
1203	may be, and the officer or the sheriff of the county or other
1204	law enforcementpeace officer accompanying the officer,shall
1205	warn all such persons to desist and disperse, and shall use the
1206	such force as may benecessary to restore peace and overcome
1207	resistance. Any officer who failsfailing to comply with the
1208	provisions of this section and any officer or enlisted person
1209	who is so notified by his or her commanding officer, and who
1210	failsshall failto obey such order, unless prevented by
1211	physical disability, commits a misdemeanor of the firstsecond
1212	degree, punishable as provided in s. 775.082 or s. 775.083, and
1213	may also be punished as a court-martial directsdismissed or
1214	dishonorably discharged by sentence of court-martial.
1215	Section 26. Section 250.30, Florida Statutes, is amended
1216	to read:
1217	250.30 Orders of civil authorities; tactical direction of
1218	troops; efforts to disperse before attack.--When an armed force
1219	is called out in aid of the civil authorities, the orders of the
1220	civil officer or officers may extend to a direction of the
1221	general or specific objects to be accomplished and the duration
1222	of service by the Florida National Guardactive militia, but the
1223	tactical direction of the troops, the kind and extent of force
1224	to be used, and the particular means to be employed to
1225	accomplish the objects specified by the civil officers,are left
1226	solely to the officers of the Florida National Guardactive
1227	militia. Every endeavor consistent with the preservation of life
1228	and property must be made, both by the civil officers and
1229	officers commanding the troops, to induce rioters or persons
1230	lawlessly assembled to disperse before an attack is made upon
1231	them by which their lives may be endangered.
1232	Section 27. Section 250.31, Florida Statutes, is amended
1233	to read:
1234	250.31 Liability of members of the Florida National Guard
1235	organized militia; defense of actions or proceedings.--
1236	(1) Members of the Florida National Guardorganized
1237	militia ordered into state active duty, full-time National Guard
1238	duty,the active service of the stateor ordered into federal
1239	training or duty areshall not beliable, civilly or criminally,
1240	for any lawful act or actsdone by them in the performance of
1241	their duty, while acting in good faith and while acting in the
1242	scope of either state or federal duty. For purposes of this
1243	section, Florida National Guard personnel serving in any drug
1244	interdiction program under the authority of the Governor are on
1245	state active dutyshall be considered to be in the active
1246	service of the state.
1247	(2) In any action or proceeding of any nature, civil or
1248	criminal, commenced in any court by any person or by the state
1249	against any member of the Florida National Guardorganized
1250	militia because of any suchact done or caused, ordered, or
1251	directed to be done, the defendant in such action or proceeding,
1252	upon his or her request, shall be defended at the expense of the
1253	state by a qualified attorney or attorneysdesignated by the
1254	Department of Legal Affairs. However, nothing in this section
1255	does notshall prohibit anysuch defendant from employing his or
1256	her own private counsel at the defendant's own expense.
1257	(3) ASuchdefendant may be ordered to state active duty
1258	with full pay and allowances for thesuch time ashis or her
1259	presence is required in defense of such actions or proceedings.
1260	(4) In any such action or proceeding, ifin the event that
1261	the plaintiff dismissesshall dismisshis or her suit, or a
1262	verdict or judgment in favor of the defendant or defendantsis
1263	entered, the court shall award costs and reasonable attorney's
1264	fees incurred by the state and the defendant in the defense of
1265	such action or proceeding.
1266	Section 28. Section 250.32, Florida Statutes, is amended
1267	to read:
1268	250.32 Commanding officer's control of arms sales.--When
1269	any part of the militia of Florida is on state active dutyis in
1270	active serviceby the order of the Governor to aid in the
1271	enforcement of the laws, the commanding officer of such troops
1272	may order the closing of any places where arms, ammunition,
1273	dynamite, explosives, or intoxicating liquors, are sold, and may
1274	forbid the selling, bartering, lending, or giving away of any of
1275	thosesaidcommodities in the city, town, or village where the
1276	troops are on duty, or in the vicinity of such place, for so
1277	long as any of the troops remain on duty in thesaidvicinity.
1278	Such orders shall take effect whether any civil officer has
1279	issued a similar order; and the commanding officer of thesuch
1280	troops may continue to enforce thesaid prohibition in force
1281	until the departure of the troops, although the sheriff, mayor,
1282	or intendant of the county, city, town,or village may have
1283	prescribed an earlier or different date after which such
1284	selling, bartering, lending, or giving away of those commodities
1285	mayshallbe carried on.
1286	Section 29. Section 250.33, Florida Statutes, is amended
1287	to read:
1288	250.33 Powers of commanding officer on state active duty
1289	in active service.--The commanding officer of troops on state
1290	active dutyin camp, garrison, or other active servicemay
1291	incarcerate and detain until such person can be turned over to
1292	the civil authorities,any person guilty of drunkenness, breach
1293	of the peace, or disorderly conduct, within 1 mile of asuch
1294	camp, garrison, or station. TheSuchcommanding officer may also
1295	abate any menace to the health or safety of his or her command,
1296	camp, garrison, or station.
1297	Section 30. Section 250.34, Florida Statutes, is amended
1298	to read:
1299	250.34 Injury or death on state active dutyin active
1300	service.--
1301	(1) Every member of the Florida National Guardorganized
1302	militia who isshall be injured or disabled while on state
1303	active dutyin the active military service of the state under
1304	competent ordersmustshallbe furnished medical attention and
1305	necessary hospitalization at the expense of the state, and must
1306	shall be continued in a pay status on state active dutyin the
1307	active service of the state until such time asa board of
1308	inquiry, appointed by the Adjutant General, determinesmay
1309	determinethat the disability no longer justifies such pay,
1310	hospitalization, or medical attention. However,; provided that
1311	in no instance will such pay, hospitalization,or medical
1312	attention may not be provided for a period extendingmore than 1
1313	year afterfrom the date that thesuchinjury or disability was
1314	incurred,; and theprovided further, that suchinjury or
1315	disability must have beenwas incurred in the line of duty, may
1316	and not have been due to the misconduct of thesuch individual
1317	who wasso injured or disabled, and may not be a preexisting
1318	conditionas determined by a line of duty board appointed by the
1319	Adjutant General.
1320	(2) The pay such individual isshall be entitled to
1321	receive up to during the period of 1 year afterfromthe date of
1322	injury or disability shall be either the full military pay and
1323	allowances to which thesuchindividual would be entitled if on
1324	full-time state active dutyserviceor the amount of
1325	compensation provided under ss. 440.14 [F. S. 1973] and 440.15
1326	[F. S. 1973], based on thesuchindividual's average weekly
1327	wages in his or her civilian occupation or employment at the
1328	time of entry into state active dutyactive service of the state
1329	during which such injury arose, whichever amount is greater. If
1330	a person receiving pay under this subsection obtains gainful
1331	employment, whether part time or full time, the pay that he or
1332	she is entitled to under this subsection shall be reduced during
1333	the duration of that gainful employment by an amount equal to
1334	the amount earned from that gainful employment.
1335	(3) After the expiration of 1 year followingfromthe date
1336	of injury or disability, such individual shall be provided
1337	hospitalization, medical services and supplies, and compensation
1338	for wages and compensation for disability based on the average
1339	weekly wages of such injured individual on pay status on state
1340	active dutyin the active service of the stateor in his or her
1341	civilian occupation or employment, whichever is greater, in
1342	amounts provided under chapter 440 [F. S. 1973], as if such
1343	individual were covered under the Workers' Compensation Law,
1344	except that payments made during the first year after thesuch
1345	injury shall not be duplicated after the expiration of that
1346	year. The Division of Risk Management of the Department of
1347	Insurance shall processis responsible for processing all claims
1348	for benefits under this subsection. The Division of Risk
1349	Management shall forward each January, to the Department of
1350	Military Affairs, an invoice of the payments and associated
1351	legal costs made under this subsection during the prior calendar
1352	year. The Department of Military Affairs shall incorporate the
1353	amount of the invoice in its fiscal year legislative budget
1354	request that begins the following July. The Department of
1355	Military Affairs shall reimburse the Division of Risk Management
1356	for the invoiced amount upon receipt of the funds.
1357	(4) EachEvery member of the Florida National Guard
1358	organized militia who isshall be killed, or who diesshall die
1359	as the result of injuries incurred, while on state active duty
1360	in active military service of the state under competent orders
1361	qualifiesshall qualifyfor benefits as a law enforcement
1362	officer pursuant to the provisions ofs. 112.19 or any successor
1363	statute providing for death benefits for law enforcement
1364	officers, and the decedent's survivors or estate areshall be
1365	entitled to the death benefits provided in s. 112.19therein.
1366	However, nothing in this section does notshallprohibit
1367	survivors or the estate of theany suchdecedent from presenting
1368	a claim bill for approval byofthe Legislature in addition to
1369	the death benefits provided in this section.
1370	(5) Benefits may not be provided under this section for
1371	any injury or disability incurred by a member of the Florida
1372	National Guardorganized militiaduring the period when the
1373	member was continued in a pay status on state active dutyin the
1374	active service of the statepursuant to subsection (1).
1375	Section 31. Section 250.341, Florida Statutes, is amended
1376	to read:
1377	250.341 Cancellation of health insurance.--
1378	(1)Any health insurance policy, certificate, or evidence
1379	of health coverage, which was in effect on April 30, 1991, or
1380	which is issued or renewed after such date thatprovides
1381	coverage to a member of the Florida National Guard,or a member
1382	of any branch of the United States military reserves who is a
1383	resident of this state, called to active military duty or state
1384	active duty, must:
1385	(a)(1) Continue all coverages thatwhichwere in effect
1386	for the person, or the person's dependents covered by the same
1387	policy, at the premium in effect for all insured under the same
1388	contract, unless the employee or insuredrequests coverage
1389	changes thatwhichmight alter the premium he or she was paying
1390	prior to such activation during the time he or she serves on
1391	active duty.
1392	(b)(2)Reinstate the coverage for any such person who
1393	elects not to continue it while on active duty or state active
1394	duty, at the person's request upon return from active duty or
1395	state active duty, without a waiting period or disqualification
1396	for any condition thatwhichexisted at the time he or she was
1397	called to active duty or state active duty. Such reinstatement
1398	must be requested within 30 days after returning to work with
1399	the same employer or within 60 days if the policy is an
1400	individual policy.
1401	(2)(3) Any coverage available to the insured employee's
1402	dependentsdependent under any insurance sponsored by the
1403	Department of Defense mustthe CHAMPUS program willbe
1404	considered in the payment of any benefits.
1405	(3)(4) The employee or other appropriate military
1406	authority shallmustnotify his or her employer of his or her
1407	reserve or National Guard status and the employee's intent to
1408	invoke the provisions of subsection (1)subsections (1) and (2)
1409	prior to leaving his or her employer to report for active
1410	military duty or state active duty. Prior notice to the employer
1411	is not required if such notice is precluded by military
1412	necessity or if such notice is impossible or unreasonable.
1413	(4)(5)Nothing in This section does notis intended to
1414	require an employee group health insurance policy to provide
1415	coverage to a person serving on state active dutyactive
1416	military duty.
1417	Section 32. Section 250.35, Florida Statutes, is amended
1418	to read:
1419	250.35 Courts-martial.--
1420	(1) The Uniform Code of Military Justice, 10 U.S.C. ss.
1421	801 et seq., and the 1984 Manual for Courts-Martial (2002
1422	Edition),as amended to January 1, 1992, are herebyadopted for
1423	use by the organized militia and theFlorida National Guard,
1424	except as otherwise provided by this chapter.
1425	(2) Courts-martial may try any member of the organized
1426	militia or theFlorida National Guard for any crime or offense
1427	made punishable by the Uniform Code of Military Justice (2002
1428	Edition)as of January 1, 1992, except that a commissioned
1429	officer, warrant officer, or cadetmay not be tried by summary
1430	courts-martial.
1431	(3) Courts-martial in the state shall be of three kinds,
1432	namely: general courts-martial, special courts-martial, and
1433	summary courts-martial. General courts-martial and special
1434	courts-martial shall be tried by a military judge and a panel of
1435	officers and noncommissioned officersas designated in
1436	applicable National Guard regulations. However, a panel may
1437	include enlisted members, at the request of an enlisted
1438	defendant. The military judge mustshallbe qualified by
1439	attendance at appropriate Judge Advocate General schools and
1440	mustshallbe certified as qualified by the Adjutant General of
1441	Florida. In a general and special court-martial, the defendant
1442	may waive trial by panel and request trial by militaryjudge
1443	alone. The granting of such waiver shall be in the military
1444	judge's discretion.
1445	(4) General courts-martial in the Florida National Guard
1446	may be convened by order of the President of the United States,
1447	the Governor, or the Adjutant General as delegated by the
1448	Governor, and such courts mayshall have the power toadjudge a
1449	fine not exceeding $500, confinement not in excess of 200 days,
1450	forfeiture of all pay and allowances, reprimand, dismissal or
1451	dishonorable discharge from the service, and reduction to the
1452	lowest enlisted grade or any intermediate grade for enlisted
1453	personnel. Any two or more of such punishments may be combined
1454	in the sentence herein authorized in this sectionto be adjudged
1455	by such courts.
1456	(5) When not in the active service of the United States,
1457	the commanding officer of each major command of the Florida
1458	National Guard or his or her superior commander may convene a
1459	special courts-martialcourt-martialempowered to adjudicate a
1460	bad conduct discharge from the servicefor that command, subject
1461	to the procedural protections provided in 10 U.S.C. s. 819.
1462	Special courts-martial with bad conduct discharge authority
1463	shallhave the same powers of punishment as do general courts-
1464	martial, except that fines adjudged by suchspecial courts-
1465	martial mayshallnot exceed $300 and confinement may not exceed
1466	100 days. Special courts-martial with bad conduct discharge
1467	authority mayshall specifically have the authority to
1468	adjudicate dismissal ora bad conduct discharge from the
1469	service, but may not adjudicate a dismissal or dishonorable
1470	discharge from the service.
1471	(6) When not in the active service of the United States,
1472	the commanding officer of each garrison, fort, post, camp, air
1473	base, auxiliary air base, or any other place where troops are on
1474	duty,division, brigade, group, regiment, battalion, wing, or
1475	squadron may convene special courts-martial for his or her
1476	command,; but such special courts-martial may in any casebe
1477	convened by superior commanders when by the latter deemed
1478	advisable. Special courts-martial shallhave the same powers of
1479	punishment as do general courts-martial, except that fines
1480	adjudged by such special courts-martial mayshallnot exceed
1481	$300,and confinement may not exceed 100 days, and dismissal or
1482	discharge from the service may not be adjudicated.
1483	(7) When not in theactive service of the United States,
1484	the commanding officer of each battalion, higher headquarters,
1485	or similar type unit may convene summary courts-martial for such
1486	place or command. Any person who may convene a general court-
1487	martial or special court-martial may convene a summary court-
1488	martial. A Summary courts-martial maycourt shall have the power
1489	toadjudge a fine not in excess of $200 per offense, confinement
1490	not in excess of 25 days per court-martial, forfeiture of pay
1491	and allowances, and reduction by one grade per court-martialof
1492	members whom the convening authority had the authority to
1493	promote to their present grade. Any two or more of such
1494	punishments may be combined in the sentence authorized to be
1495	imposed by such courts, except that confinement may not be
1496	combined with a fine.
1497	(8) When not in the active service of the United States,
1498	commanders may impose nonjudicial punishment in accordance with
1499	10 U.S.C. s. 815, except that punishment may not exceed:
1500	(a) Oral or written reprimand.
1501	(b) Extra duty for 14 days.
1502	(c) Restriction for 14 days.
1503	(d) Fines of $200.
1504	(e) Reduction by one grade of a member whom the commander
1505	had the authority to promote.
1506	(f) Any combination of paragraphs (a)-(e), except that a
1507	combination of punishments imposed under paragraphs (b) and (c)
1508	may not exceed 14 days.
1509	(9) A finding of guilt and the sentence of a summary
1510	court-martial may be appealed to the convening authority. If a
1511	sentence of imprisonment has been adjudged, the findings and
1512	sentence may be appealed to the Adjutant General.
1513	(10)(9)(a) A finding of guilt and the sentence of a court-
1514	martial convened under this chapter, as approved by the
1515	convening authority, and the Adjutant General if a sentence of
1516	imprisonment has been adjudged, may be appealed to the First
1517	District Court of Appeal for the district in which the court-
1518	martial was held.
1519	(b) Any dismissal of a general or special court-martial by
1520	the military judge that does not violate the defendant's
1521	constitutional rights may be appealed by the Florida National
1522	Guard to the First District Court of Appeal for the district in
1523	which said court-martial was held.
1524	(10) A finding of guilt and the sentence of a summary
1525	court-martial may be appealed to the convening authority. In
1526	cases where a sentence of imprisonment has been adjudged the
1527	findings and sentence may be appealed to the Adjutant General.
1528	(11) When the Florida National Guard is not in the active
1529	service of the United States, asentence of dismissal from the
1530	service or dishonorable discharge from the servicesame, imposed
1531	by court-martial, mayshallnot be executed until approved by
1532	the Governor.
1533	Section 33. Section 250.351, Florida Statutes, is created
1534	to read:
1535	250.351 Courts-martial; jurisdiction.--
1536	(1) Members of the Florida National Guard are subject to
1537	this chapter and the Uniform Code of Military Justice (2002
1538	Edition) at all times during their enlistment or appointment,
1539	whether serving in this state or outside the state.
1540	(2) A court-martial or court of inquiry may be convened
1541	and held in a unit of the Florida National Guard serving outside
1542	the state, and the court has the same jurisdiction and powers as
1543	if the court-martial or court of inquiry were held within the
1544	state. An offense committed outside the state may be tried and
1545	punished outside the state or within the state.
1546	Section 34. Section 250.36, Florida Statutes, is amended
1547	to read:
1548	250.36 Mandates and process.--
1549	(1) Military courts may issue all process and mandates,
1550	including writs, warrants, and subpoenas, necessary and proper
1551	to carry outinto full effect the powers vested in thesaid
1552	courts. Such mandates and process may be directed to the sheriff
1553	of any county and mustshall be in thesuch form as may, from
1554	time to time, be prescribed and publishedby the Adjutant
1555	General in the rules and regulationsissued by him or her under
1556	this chapter. All officers to whom such mandates and process are
1557	directed mustshallexecute the same and make returns of their
1558	acts thereunder, according to the requirements of the form of
1559	process. Any sheriff or other officer who neglects or refuses
1560	shall neglect or refuseto perform the duty enjoined upon him or
1561	her by this chapter isshall besubject to the same liabilities,
1562	penalties, and punishments as are prescribed by the law for
1563	neglect or refusal to perform any other duty of his or her
1564	office.
1565	(2) When not in the active service of the United States,
1566	the Adjutant General, or his or her designee, or aand military
1567	judgejudges of the Florida National Guard may issue a pretrial
1568	confinement warrant for the purpose of securing the presence of
1569	the accused at trial. The warrant must be directed to the
1570	sheriff of the county, directing the sheriff to arrest the
1571	accused and bring the accused before the court for trial if the
1572	accused has disobeyed an order in writing to appear before the
1573	court which was delivered to the accused in person or mailed to
1574	the accused’s last known address, along with a copy of the
1575	charges. Pretrial confinement may not exceed 48 hours. However,
1576	the Adjutant General or military judge may extend pretrial
1577	confinement for not more than 15 days in order to facilitate the
1578	presence of the accused at trial. For purposes of this
1579	subsection, “military judge” does not include a summary court-
1580	martial officer who is not qualified to act as a military judge
1581	in general or special courts-martial:
1582	(a) Execute a pretrial confinement warrant directing the
1583	sheriff of any county to hold an accused who has failed to
1584	appear for court-martial for a period of 48 hours. The Adjutant
1585	General may extend such pretrial confinement for a period not to
1586	exceed 15 days;
1587	(b) Issue subpoenas and subpoenas duces tecum and enforce
1588	by attachment the attendance of witnesses and the production of
1589	books and papers; and
1590	(c) Sentence for a refusal to be sworn or to answer as
1591	provided in actions before civil courts.
1592
1593	Such warrants, subpoenas, and other process shall run throughout
1594	the state as in the trial of civil actions in the circuit courts
1595	of the state.
1596	(3) When not in the active service of the United States,
1597	the Adjutant General, or his or her designee, or a military
1598	judge of the Florida National Guard may issue subpoenas and
1599	subpoenas duces tecum and enforce by attachment the attendance
1600	of witnesses and the production of documents and other items of
1601	evidentiary valueThe Adjutant General or military judge may
1602	issue warrants, directed to the sheriff of any county in the
1603	state, directing the sheriff to arrest the accused and to bring
1604	the accused before the court for trial whenever any such accused
1605	shall have disobeyed an order in writing, such order having been
1606	delivered to the accused in person or mailed to the accused's
1607	last known address from the convening authority to appear before
1608	such courts, a copy of the charges having been delivered to the
1609	accused with such orders.
1610	(4) When a sentence of confinement is imposed by any
1611	court-martial of the Florida National Guard or,the Adjutant
1612	General, or his or herthe Adjutant General's designee,whose
1613	approval makes effective the sentence imposed by the court-
1614	martial shall issue ahis or herwarrant directing the sheriff
1615	of the appropriate county to take the convicted person
1616	delinquentinto custody and confine him or her in the jail of
1617	such county for the period specified in the sentence of the
1618	court. Any sheriff receiving such warrant mustshallpromptly
1619	execute the warrantsame by taking the convicted person
1620	delinquent into custody and confining causing him or her to be
1621	confined in saidjail. The sheriff or jailer in charge of any
1622	county jail shall receive any person committed for confinement
1623	in such jail under proper process from a court-martial, and
1624	provide for the care, subsistence, and safekeeping of such
1625	prisoner just as the sheriff or jailer would a prisoner properly
1626	committed for custody under the sentence of any civil court.
1627	(5) All sums of money collected through fines adjudged by
1628	a general, special, or summary court-martial,or through the
1629	imposition of nonjudicial punishment, of the Florida National
1630	Guard shall be paid over at once by the officer collecting the
1631	fine to the commanding officer of the organization to which the
1632	member belongs and be deposited in accordance with s.
1633	250.40(5)(c)1.s. 250.40(6)(a)1.
1634	Section 35. Section 250.37, Florida Statutes, is amended
1635	to read:
1636	250.37 Expenses of courts-martial.--
1637	(1) All expenses incurred in a court-martial proceeding,
1638	including the payment of court reporters, sheriff's fees for
1639	service of warrants, summons, subpoenas,and all other necessary
1640	and lawful fees to civil officers for service, and witness fees
1641	at the same rate allowed by law in criminal cases, together with
1642	the pay, subsistence, and necessary expenses of the members of
1643	the court, shall, except as provided in subsection (4) below, be
1644	paid by the state in the usual manner upon the approval of the
1645	Governor. Members of the court are entitled to reimbursement
1646	shall be reimbursedfor travel expenses as provided in s.
1647	112.061. Courts-martial may subpoena any witness residing within
1648	the state to appear and testify before it, and the sheriff of
1649	any county upon receiving any subpoena issued by direction of a
1650	court-martial, and signed by the military judge or president
1651	thereof or summary court officer, shall make service and return
1652	of service as provided by law in criminal cases.
1653	(2) The employment of a court reporter shall be authorized
1654	by the convening authority for all general courts-martial, and
1655	may be authorized by the convening authority for special courts-
1656	martial. When a court reporter is employed, he or she shall be
1657	paid upon the certificate of the military judge or president of
1658	the court and the approval of the Adjutant General from the
1659	military appropriation, such fees as are provided for official
1660	reporters.
1661	(3) Fees for the service of all process issuing out of
1662	military courts and for the attendance of witnesses to attend
1663	such courts shall be the same as provided by law for the service
1664	of similar process issued by the civil courts of the state.
1665	(4) In trials by summary court, the sheriff's costs and
1666	fees, including costs of subsistence of the soldier or soldiers,
1667	if sentenced to confinement, shall be paid by the county in
1668	which the summary court convenes and exercises its jurisdiction
1669	and powers. Such costs, fees,and subsistence charges to be made
1670	from the fine and forfeiture fund of any such county.
1671	Section 36. Section 250.375, Florida Statutes, is amended
1672	to read:
1673	250.375 Medical officer authorization.--Physicians who
1674	hold an active license to practice medicine in any other state
1675	or Puerto Rico, while serving in Floridaas medical officers in
1676	the Florida National Guard, pursuant to federal or state orders,
1677	are expressly authorized to practice medicine in Floridaon
1678	military personnel or civilians during an emergency, declared
1679	disaster, or duringfederal military training.
1680	Section 37. Section 250.38, Florida Statutes, is amended
1681	to read:
1682	250.38 Liability.--AnNo action or proceeding may not
1683	shall be prosecuted or maintained against a member of athe
1684	military court or officer or person acting under its authority
1685	or reviewing its proceeding, on account of the approval,or
1686	imposition, or execution of any sentence;orthe imposition or
1687	collection of a fine or penalty;,or the execution of any
1688	warrant, writ, execution, process,or mandate of any military
1689	court. The jurisdiction of the courts and boards established by
1690	this part isthe code shall be presumed, and the burden of proof
1691	restswill rest upon any person seeking to divestoustsuch
1692	courts or boards of jurisdiction in any action or proceeding.
1693	Section 38. Section 250.39, Florida Statutes, is amended
1694	to read:
1695	250.39 Penalty for contempt.--AAny person may not usewho
1696	shall be guilty ofdisorderly, contemptuous, or indecorous
1697	language or expression to or before any military court, or any
1698	member of such court, in open court, tending to interrupt its
1699	proceedings, or to impair the respect due its authority, or who
1700	shallcommit any breach of the peace, or make any noises or
1701	other disturbances, directly tending to interrupt its
1702	proceedings. After a hearing before the military judge, any
1703	person who is found to have violated this section,may be
1704	committed by warrant byunder the hand ofthe Adjutant General
1705	or a military judge to the jail of the county in which thesaid
1706	court sitsshall sit,for no more than 30 days or may be fined
1707	up to $100 per offensethere to remain without bail in
1708	confinement for a time to be limited, not exceeding 3 days. For
1709	purposes of this section, a summary court-martial officer who is
1710	not qualified to act as a military judge in general or special
1711	courts-martial may conduct the contempt hearing and adjudicate a
1712	fine, but may not issue a warrant for confinement.
1713	Section 39. Section 250.40, Florida Statutes, is amended
1714	to read:
1715	250.40 Armory Board; creation; membership, terms, and
1716	compensation; duties and responsibilitiesarmories, how
1717	obtained.--
1718	(1) There is created anThe Armory Board, which is charged
1719	with the supervision and control of all Florida National Guard
1720	armories, facilities, and real property within the state used
1721	for military purposes.
1722	(2)(a) Voting members of the Armory Board includeof the
1723	state shall consist of the Governor as Commander in Chief and
1724	chair of the board, the Adjutant General as vice chair, the
1725	Assistant Adjutants General, the state quartermaster, and major
1726	commandcommanders reporting directly to the Adjutant General,
1727	in the active Florida National Guard of the state. If necessary,
1728	due to exigencies of military duty, any member of the board may
1729	designate his or her deputy commander to attend the meetings as
1730	an alternate member with voting privilegesThis board is charged
1731	with the supervision and control of all military buildings and
1732	real property within the state applied to military uses.
1733	(b) The Governor may appoint one representative from his
1734	or her staff to attend meetings of the Armory Board. The
1735	appointee shall serve as a nonvoting advisory member and liaison
1736	to the board.
1737	(c) The state quartermaster shall act as the recorder and
1738	secretary of the Armory Board. In addition, the state
1739	quartermaster shall execute the policies, decisions, and
1740	official actions of the board. When the board is in recess, the
1741	state quartermaster shall conduct the day-to-day business of the
1742	board. The state quartermaster and his or her staff are not
1743	liable, civilly or criminally, for any lawful act done by them
1744	in the performance of their duty, while acting in good faith and
1745	while acting in the scope of either state or federal duty.
1746	(3)(2) The term of each member of the Armory Board isshall
1747	bethe period during which the member possesses the
1748	qualifications for such membership under the provisions of
1749	subsection (2)(1) of this section.
1750	(4)(3) The members of the Armory Board mustshallperform
1751	the duties imposed upon them by the provisions ofthis chapter
1752	without any special compensation for their services; however,
1753	members of the Armory Board are eligible for reimbursementshall
1754	be reimbursed for travel expenses as provided in s. 112.061, and
1755	such expenses shall be paid from the expense appropriation from
1756	the Department of Military Affairsfor the expenses of the
1757	Florida National Guard.
1758	(5)(4)The Armory Board must:
1759	(a) Supervise and control all Florida National Guard
1760	armories, military buildings, and real property within the state
1761	used for military purposes.
1762	(b)It shall be the duty of the Armory Board toConsider
1763	and approve the plans for or ofall armories and other buildings
1764	before such buildings are rented, constructed, or otherwise
1765	acquired for military purposesuses by the state.
1766	(c)(5)Receive from counties, municipalities, and other
1767	sources donations of land, services, and money to aid in
1768	providing, operating, improving, and maintaining armories and
1769	other facilities used for military purposes. TheSince our
1770	national military policy recognizes the Floridaas enunciated in
1771	the National Defense Act recognized theNational Guard as an
1772	important and necessary component of the United States Army and
1773	the United States Air Force, and a member of the total force,
1774	sharing in the defense of the country. The Florida National
1775	Guard is available to assist the state and local governments in
1776	the event of an emergency. Therefore, it is reasonable and
1777	equitable that the expense of maintaining the Florida National
1778	Guard be shared by the federal government, state governments,
1779	and local governmentsArmy of the United States, and as the
1780	defense of the country is a joint responsibility of all
1781	political divisions and subdivisions thereof, and since the
1782	National Guard is a citizen force by reason of its militia
1783	status, it is considered equitable that the expense of the
1784	maintenance of the National Guard be not only shared by the
1785	state with the Federal Government, but that it should properly
1786	be shared also by the counties, cities, and other subdivisions
1787	of the state. As the Federal Government is providing liberally
1788	for the equipment and training of the FloridaNational Guard and
1789	the state for its administration,and management, and
1790	maintenance, local governments are encouraged to provide
1791	services at no cost to Florida National Guard armoriesan
1792	equitable division of the responsibility of maintenance would
1793	leave with the communities in which units of the National Guard
1794	are established the duty of supplying the necessary personnel
1795	and adequate housing for the organization.
1796	(6) In order to provide for the cooperative support of the
1797	National Guard, and in order that armories may be provided which
1798	will furnish suitable training facilities and adequate storage
1799	accommodations for all arms, equipment, and other military
1800	property, the Armory Board is authorized to receive, from
1801	counties, municipalities, and other sources, donations of land
1802	and contributions of money to aid in providing, improving, and
1803	maintaining arsenals, armories, campsites, target ranges, and
1804	other facilities throughout the state.
1805	(a)1. Any contributions of money so donated, any moneys
1806	derived from the rental of armories and other facilities, any
1807	money derived from the rental of billeting operations at Camp
1808	Blanding Training Site, the armory operationsmaintenance
1809	allowances provided in s. 250.20, and all sums ofmoney
1810	collected through fines imposed by a court-martial or other
1811	nonjudicial proceedinggeneral, special, or summary courtof the
1812	Florida National Guard, as provided in s. 250.36(5), shall be
1813	received on behalf of the Armory Board by the post commander
1814	commanding officer of such facility and mustshall be deposited
1815	into a federal depository, as approved by the Department of
1816	Military Affairs,in an account in a banking institution in the
1817	county in which such facility is located.
1818	2. The funds soreceived shall be disbursed for the
1819	purposes enumerated in this subsection at the discretion of the
1820	post commandercouncil according to rules and regulations
1821	established by the Armory Board. The post council shall be made
1822	up of such members as are designated in the rules and
1823	regulations of the Armory Board; and the council is authorized
1824	to employ personnel to perform such functions as bookkeeping,
1825	maintenance, and janitorial services.
1826	3.(b) Any real property sodonated shall be held as other
1827	property for the use byof the state, and suchcounties and
1828	municipalities mayare authorized and empowered to make such
1829	donations of lands by deed or long-term lease and contributions
1830	of moneys for the purposes herein set forth in this section, and
1831	maytoissue bonds or certificates of indebtedness to provide
1832	funds for such purposes.; and Boards of county commissioners may
1833	are authorized tolevy taxes, not to exceed 1 mill, to provide
1834	funds for the construction of armories or for the retirement of
1835	suchbonds or certificates of indebtedness issued to provide
1836	funds for the construction of armories.
1837	(7) Counties and municipalities mayare authorized to
1838	construct armories upon state-owned land,which may be made
1839	available for such purpose by action of the Armory Board.
1840	(8) Counties and municipalities mayare also authorized to
1841	grant to the State Armory Board, for military uses,by deed or
1842	long-term leases, property that ismay have been acquired,or
1843	buildings that aremay have been constructed for military
1844	purposes. Each local government is encouraged to provide
1845	economic incentives to reduce the cost of locating Florida
1846	National Guard facilities in its jurisdiction. A local
1847	government may appropriate funds to pay expenses of a Florida
1848	National Guard unit in its jurisdiction. Such funds shall be
1849	received, accounted for, and dispersed as other funds received
1850	by the unitby them, for use as armories and rifle ranges.
1851	(d)(9)Exercise the right of eminent domain to acquire
1852	private property for armories, buildings, and other facilities
1853	needed for military purposes, when in the public interest.
1854	Whenever it becomes necessary in the public interest to acquire
1855	private property in order to provide necessary land for
1856	campgrounds, rifle ranges, or armories for the organized militia
1857	of the state, and the propertysamecannot be acquired by
1858	agreement satisfactory to the Armory Board and the parties
1859	interested in, or the owners of, thesuch private property, the
1860	armory board is authorized and empowered to exercise the right
1861	of eminent domain may be usedand to proceedto condemn such
1862	property in the manner provided by law. Any suit or action
1863	brought by the Armory Board to condemn property, as provided for
1864	under this section, shall be brought in the name of the Armory
1865	Board; and it shall be the duty ofthe Department of Legal
1866	Affairs shallof the state to conduct the proceedings for and to
1867	act as the counsel of the board in such matters.
1868	(e) Accept and hold title to real property, by deed or
1869	long-term leases, from federal, state, or local governments, or
1870	from private interests, for use as armories or for other
1871	military purposes.
1872	(f) Adopt rules for managing armories and other facilities
1873	under control of the Department of Military Affairs. The rules
1874	must ensure that federal and state military property is secure.
1875	Each unit commander shall provide for the safekeeping,
1876	accountability, and proper care of such property and for its
1877	protection against misappropriation or loss. An armory, while it
1878	is occupied and in use by troops, is a military post and must be
1879	under the control and jurisdiction of the post commander. A
1880	building that is not under the control and supervision of the
1881	post commander or other properly constituted military authority
1882	may not be used to house and train troops or store military
1883	property.
1884	(g) Supervise, manage, and maintain any permanent
1885	structures or facilities used for military purposes which are
1886	the property of the Department of Military Affairs or, if
1887	property of the United States, are provided to the Department of
1888	Military Affairs for military purposes. The Armory Board may
1889	provide for the maintenance and care of armories and other state
1890	facilities used for military purposes from any funds that are
1891	available for that purpose. All moneys accruing to the Armory
1892	Board from the operation, management, and sale of properties or
1893	facilities as authorized in this paragraph may be used for
1894	maintaining state properties under control of the Armory Board.
1895	(h) Convey, lease, or re-lease any real property under its
1896	ownership, supervision, or control which is no longer required
1897	for military purposes.
1898	(i) Acquire, renovate, or construct armories needed for
1899	military purposes throughout the state.
1900	(j) Enter into a lease-purchase, sale-leaseback, or tax-
1901	exempt leveraged lease contract or other financing arrangement
1902	for acquiring, renovating, or constructing needed facilities,
1903	subject to authorization by the General Appropriations Act. Each
1904	capital outlay project or other contract, agreement, or
1905	transaction authorized under this paragraph must be specifically
1906	approved by the Legislature.
1907	(k) Report annually to the Adjutant General on the
1908	proceedings incident to locating and managing armories and on
1909	the management of other property entrusted to the care of the
1910	Armory Board. The report must include a detailed account of all
1911	disbursements and be made a part of the annual report of the
1912	Department of Military Affairs
1913	(10) The county commissioners, or municipal authorities,
1914	may, in their discretion, appropriate a sufficient sum, not
1915	otherwise appropriated, to pay the necessary expenses of any
1916	unit of the organized militia of the state located in their
1917	respective counties or municipalities, to be accounted for to
1918	the Adjutant General by the organization receiving such
1919	appropriation as other military funds.
1920	Section 40. Section 250.43, Florida Statutes, is amended
1921	to read:
1922	250.43 Wearing of uniform and insignia of rank; penalty.--
1923	(1) The uniform or insignia of rank worn by officers of
1924	the Florida National Guard shall be worn only by persons
1925	entitled thereto by commission under the laws of the state or
1926	the United States. Any person violating any provision ofthis
1927	section commitsshall be guilty of a misdemeanor of the first
1928	second degree, punishable as provided in s. 775.082 ors.
1929	775.083, and may also be punished as a court-martial directs.
1930	(2) Every person other than an officer or enlisted person
1931	of the FloridaNational Guard, naval militia, or marine corps of
1932	this state or any other state, Puerto Rico, or the District of
1933	Columbia, or of the United States Army, Navy, Marine Corps, or
1934	Air Force, or Revenue Service,who wears the uniform of the
1935	United States Army, Navy, Marine Corps, Air ForceForces, or
1936	Revenue Service, or National Guard, Air National Guard,Naval
1937	Militia, or Marine Corps or any part of such uniform, or a
1938	uniform or part of uniform similar thereto, or in imitation
1939	thereof, within the bounds of the state, except in cases where
1940	the wearing of such uniform is permitted by the laws of the
1941	United States and the regulations of the Secretary of Defense,
1942	commits a misdemeanor of the firstseconddegree, punishable as
1943	provided in s. 775.082 or s. 775.083. This section does not
1944	prohibitNothing in this chapter shall be construed as
1945	prohibitingpersons in the theatrical profession from wearing
1946	such uniforms while actually engaged in such profession, in any
1947	playhouse or theater, in a production in no way reflecting upon
1948	such uniform; does notand provided, that nothing in this
1949	chapter shallprohibit the uniform rank of civic societies
1950	parading or traveling in a body or assembling in a lodge room;
1951	and doesprovided further, that this section shallnot apply to
1952	cadets of any military school or to Boy Scouts or Girl Scouts.
1953	Section 41. Section 250.44, Florida Statutes, is amended
1954	to read:
1955	250.44 Military equipment regulations; penalties.--
1956	(1) Any person who sells, offersshall sell, or offerfor
1957	sale, barters or exchangesbarter or exchange, pledgespledge,
1958	loans, givesloan or give away, secretessecrete, or retains
1959	retain after demand ismade by civil or military officers of the
1960	state, any clothing, arms, military outfits, or property
1961	accouterments,furnished by or through the state to any member
1962	of the militia, or who receivesshall receiveby purchase,
1963	barter, exchange, pledge, loan, or gift,any such clothing,
1964	arms, military outfits, or property commits theft as provided in
1965	chapter 812accouterments, shall be guilty of a misdemeanor of
1966	the second degree, punishable as provided in s. 775.082 or s.
1967	775.083.
1968	(2) All memberspersonnel in the military serviceof the
1969	Florida National Guard who, due to their military
1970	responsibilities,to whom shallhave been entrusted any military
1971	property must account for such property according to applicable
1972	by reason of their being in such military service, shall account
1973	for the same to the proper military authority in accordance with
1974	therules and regulations or special orders made by superior
1975	authority. Suchin reference to the same, and suchmilitary
1976	property mayshall not be removed without proper authority. Any
1977	person who failsbeyond the limits of the county in which the
1978	post is located without authority of the Adjutant General, and
1979	any person, whether in the military service or not, or whether
1980	the person's enlistment or appointment shall have expired or
1981	not, who shall failto account for or return to proper military
1982	authority any property in thatwhich shall have come into the
1983	person's possession to which the state military authorities are
1984	may be entitled, or who concealsshall conceal or converts the
1985	propertyconvert the same to the person's own use, commits theft
1986	as provided in chapter 812or remove the same from the county in
1987	which the same came into the person's possession, commits a
1988	misdemeanor of the second degree, punishable as provided in s.
1989	775.082 or s. 775.083. Any prosecution had under the provisions
1990	of this section may be abated upon making full satisfaction
1991	being madefor such property to the military authorities of the
1992	state and payingthe payment of all court costs resulting from
1993	theaccruing by reason of the institution of any such
1994	prosecution.
1995	(3) The clothing, arms, military outfits, and property
1996	accouterments,furnished by or through the state to any member
1997	of the militia may, shallnot be sold, bartered, loaned,
1998	exchanged, pledged, or given away. A, and no person who isnot a
1999	member of the military forces of this state or the United
2000	States, or andulyauthorized agent of this state or the United
2001	States, who possesseshas possession of suchclothing, arms,
2002	military outfits, or property that is unlawfully disposed of has
2003	noaccouterments so furnished, and which have been subject to
2004	any such unlawful disposition, shall have any right, title,or
2005	interest therein and the clothing, arms, military outfits, or
2006	property, but the sameshall be seized and taken wherever found
2007	by any civil or military officer of the state, and shall
2008	thereupon be delivered to any commanding officer, or other
2009	authorized officer authorized to receive the same, who must
2010	shallmake an immediate report to the Adjutant General. The
2011	possession of any such clothing, arms, military outfits, or
2012	propertyaccoutermentsby any person not a member of the
2013	military forces of this state, or any other state, or of the
2014	United States, isshall bepresumptive evidence of such sale,
2015	barter, loan, exchange, pledge, or gift, and is punishable as
2016	provided in chapter 812.
2017	Section 42. Section 250.45, Florida Statutes, is amended
2018	to read:
2019	250.45 Military uniform discriminated against;
2020	penalty.--Any proprietor, manager,or employee of any theater or
2021	other public place of entertainment or amusement within this
2022	state, who discriminatesshall discriminateagainst any person
2023	lawfully wearing the uniform of any branch of the military or
2024	naval service of the United States or of the state,because of
2025	that uniform commits, shall be guilty of a misdemeanor of the
2026	firstsecond degree, punishable as provided in s. 775.082 ors.
2027	775.083.
2028	Section 43. Section 250.46, Florida Statutes, is amended
2029	to read:
2030	250.46 Salaried employees not entitled to additional
2031	pay.--Officers and enlisted personnel of the Florida National
2032	Guardmilitia employed by the Department of Military Affairs,
2033	who receive monthly salaries from the state for military duties
2034	are,shall not beentitled to any other pay from the state for
2035	military service of any character. However,; provided, that the
2036	provisions of this section doesshallnot prohibit any officer
2037	or enlisted person from receiving pay from the United States for
2038	participation in maneuvers, camps, field service, or other
2039	service or duty.
2040	Section 44. Section 250.47, Florida Statutes, is amended
2041	to read:
2042	250.47 Governor's permission for unit to leave state.--A
2043	No unit of the Florida National Guard may not leaveshall go out
2044	of the state without first securingpermission of the Governor.
2045	Section 45. Section 250.48, Florida Statutes, is amended
2046	to read:
2047	250.48 Leaves of absence.--Any officer or employee of the
2048	state, of any county or school districtof the state, or of any
2049	municipality or political subdivision of the state who is a
2050	member of the Florida National Guard is entitled to leave of
2051	absence from his or her respective duties, without loss of pay,
2052	time, or efficiency rating, on all days during which the officer
2053	or employee is engaged on statein active stateduty, pursuant
2054	to s. 250.28 or s. 252.36. However, a leave of absence without
2055	loss of pay, granted under the provisions of this section, may
2056	not exceed 30 days for each emergency or disaster, as
2057	established by executive orderat any one time.
2058	Section 46. Section 250.481, Florida Statutes, is amended
2059	to read:
2060	250.481 Reserve components; employment discrimination
2061	prohibited.--The State of Florida adopts the provisions of the
2062	Uniformed Services Employment and Reemployment Rights Act
2063	(USERRA) codified in Title 38 of the United States Code, as
2064	applicable to reservists serving on active duty.Any person who
2065	seeks or holds an employment position shall not be denied
2066	employment or retention in employment, or any promotion or
2067	advantage of employment, because of any obligation as a member
2068	of a reserve component of the Armed Forces.
2069	Section 47. Section 250.482, Florida Statutes, is amended
2070	to read:
2071	250.482 Troops ordered into state active dutyservice; not
2072	to be penalized by employers and postsecondary institutions.--
2073	(1) IfIn the event thata member of the Florida National
2074	Guard is ordered into state active dutyservicepursuant to this
2075	chapter, ano private or public employer, or anand noemploying
2076	or appointing authority of this state, its counties, school
2077	districts, municipalities, political subdivisions, vocational or
2078	technical schools, community colleges, or universities,shall
2079	discharge, reprimand, or in any other way penalize such member
2080	because of his or her absence by reason of state active duty.
2081	(2) If the Adjutant General certifies that there is
2082	probable cause to believe there has been a violation of this
2083	section, an employee who has been employed for a period of at
2084	least 1 year prior to being ordered into state active duty
2085	serviceso injured by a violation of this section may bring
2086	civil action against an employer violating the provisions of
2087	this section in a court of competent jurisdiction of the county
2088	in which the alleged violator resides or has his or her
2089	principal place of business, or in the county wherein the
2090	alleged violation occurred. Upon adverse adjudication, the
2091	defendant isshall beliable for actual damages or $500,
2092	whichever is greater. The prevailing party in any litigation
2093	proceedings isshall be entitled to recover theirreasonable
2094	attorney's fees and reasonable court costs.
2095	(3) The certification of probable cause may not be issued
2096	until the Adjutant General, or his or her designee,has
2097	investigated the issues. All employers and other personnel
2098	involved with the issues of such investigation must cooperate
2099	with the Adjutant General in the investigation.
2100	Section 48. Section 250.49, Florida Statutes, is amended
2101	to read:
2102	250.49 Annual encampment.--Subject to the restrictions of
2103	federal lawthe National Defense Act, the Governor may annually
2104	order into service the whole, or anysuchportion of the Florida
2105	National Guard.as the Governor may deem proper;The period of
2106	such service shallto be fixed by the Governor, subject to the
2107	restrictions mentioned above. When so ordered into state active
2108	dutythe service of the state, and ifsuchrations are not
2109	furnished by the United States Government, the state mustshall
2110	furnish rations for the officers and enlisted personnel of the
2111	same quality as the rations furnished by the regular army, and
2112	must pay such expenses of thesaid encampment as the Governor
2113	considersmay deemproper, including the travel expenses of
2114	officers and enlisted personnel incurred in obeying such orders,
2115	when such expenses are not paid by the Government of the United
2116	States.
2117	Section 49. Section 250.51, Florida Statutes, is amended
2118	to read:
2119	250.51 Insult to troops; penalty.--When troops of the
2120	Florida National Guardorganized militia of the stateare at
2121	drill in their respective armories, on the streets, public
2122	roads, or other places, where such drills are conducted,or when
2123	they are performing other duties required of them by the state
2124	or the United States, ait is unlawful for any person may notto
2125	make any disloyal or insulting remark either to or about the
2126	said troops or tomake any sign, motion, or gesture calculated
2127	to insult or humiliate thesaid troops. Any, and any person who
2128	makes afound guilty of making any suchdisloyal or insulting
2129	remark, or who makesof makingany such sign, motion, or
2130	gesture, for the purpose and in the manner prohibited in this
2131	section commitsas aforesaid, shall be guilty ofa misdemeanor
2132	of the firstseconddegree, punishable as provided in s. 775.082
2133	or s. 775.083.
2134	Section 50. Section 250.52, Florida Statutes, is amended
2135	to read:
2136	250.52 Unlawful to persuade citizens not to enlist;
2137	penalty.--Whenever the United States is at war, or our foreign
2138	relations tend to indicate an impending war or state of war, a
2139	it is unlawful for any person may notor persons tosolicit or
2140	persuade a citizen or citizensof the United States not to
2141	enlist or serve in the Army, Air Force, Marine Corps, Coast
2142	Guard, or Navy thereof, or in any reserve component thereof, or
2143	in the Florida National Guard or active militia of the state, or
2144	to publicly attempt to dissuade any such citizen or citizens
2145	from so enlisting. This section does; the provisions of this
2146	chapter shall not apply to suchsoliciting or persuading done by
2147	any person related by affinity or consanguinity to the person
2148	solicited or persuaded or whose advice is requested by the
2149	person solicited or persuaded. Any person who violatesadjudged
2150	guilty of a violation of this section commitsshall be guilty of
2151	a misdemeanor of the firstseconddegree, punishable as provided
2152	in s. 775.082 or s. 775.083.
2153	Section 51. Section 250.5201, Florida Statutes, is amended
2154	to read:
2155	250.5201 Stay of proceedings where troops called out into
2156	state active duty or active dutyservice.--
2157	(1) Any civil action or proceeding in any court which
2158	involves a person called out into state active duty or active
2159	dutyserviceas defined in subsection (3) may be stayed by the
2160	court during such service and for a period thereafter not
2161	exceeding 30 days.
2162	(2) The stay may be granted by the court on its own
2163	motion, and shall be granted upon the motion of a plaintiff or
2164	defendant unless, in the opinion of the court, the ability to
2165	prosecute or defend the action is not materially affected by
2166	reason of the movant's state active duty or active dutyservice.
2167	(3) Notwithstanding the definition in s. 250.01250.27,
2168	"state active duty or active dutyservice" as used in ss.
2169	250.5201-250.5205 is limited to service that exceeds 17 days and
2170	that is ordered by the Governor for the enforcement of the law,
2171	the preservation of the peace, the security of the rights or
2172	lives of citizens, or protection of the property.
2173	(4) Before a soldier isshall beentitled to any of the
2174	provisions of this section, thethat soldier mustshallfurnish
2175	to the affected creditor, landlord, court, or other affected
2176	person a copy of his or herthe soldier'sorders, together with
2177	a written statement from the Adjutant General of the State of
2178	Florida, or his or her designee,that the soldier has served
2179	continuously on state orders for the period commencing with the
2180	date of the orders through the date of the statement. The
2181	creditor, landlord, court, or other affected personmay require
2182	the soldier to furnish arecertification every 30 days
2183	thereafter,which shall be furnished to the soldier by the
2184	Adjutant General upon request.
2185	Section 52. Section 250.5202, Florida Statutes, is amended
2186	to read:
2187	250.5202 Actions for rent or possession by landlord during
2188	state active duty.--
2189	(1)An eviction, distress action, or requirement for
2190	deposit of accrued rent into the registry of the court, as
2191	provided in part II of chapter 83, may not proceed againstas to
2192	any membersuch person who is called into state active duty or
2193	active dutymilitary service for this stateduring the period of
2194	such state active duty or active duty ifservice providedthe
2195	service memberpersonhas given written notice to the affected
2196	landlord with regard to any premises where the agreed upon rent
2197	does not exceed $1,200 per month and where the rental unit is
2198	occupied chiefly as a residential dwelling by the service
2199	member, the service member's spouse, or the service member's
2200	dependent. Notwithstanding, a court of competent jurisdiction
2201	may allow such an action to proceed based upon a finding of no
2202	substantive prejudice to the service person as a result of the
2203	ordered military service.
2204	(2)The court may on its own motion and shall, on
2205	application, stay the proceedings for not longer than 3 months
2206	unless, in the opinion of the court, the ability of the tenant
2207	to pay the agreed rent has not been materially affected by
2208	reason of state active duty or active dutystatus.
2209	Section 53. Section 250.5204, Florida Statutes, is amended
2210	to read:
2211	250.5204 Installment contracts for purchase of property;
2212	penalty.--
2213	(1) If a creditor whohas received a deposit or
2214	installment of the purchase price under an installment contract
2215	for the purchase of real or personal property from a member of
2216	the Florida National Guard, who,after the date of the payment
2217	of such deposit or installment, is called into state active duty
2218	or active dutyservice, and has provided that written notice to
2219	the creditor of the state active duty or active dutymilitary
2220	service has been given to the creditor, the creditormay not
2221	exercise any right or option under such contract to rescind or
2222	terminate the contract or resume possession of the property for
2223	nonpayment of any installment thereunderdue, or for any other
2224	breach of the terms of the contractthereofoccurring during the
2225	period of state active duty or active dutyservice, except upon
2226	affirmative authorization by a court of competent jurisdiction.
2227	(2) Upon the hearing of such action,the court may order
2228	the repayment of prior installments or deposits,or any part
2229	thereof, as a condition of terminating the contract and resuming
2230	possession of the property, or may, in its discretion,on its
2231	own motion, and shall, on application to it by such person onin
2232	state active duty or active dutyor some person on his or her
2233	behalf, order a stay of proceedings, unless, in the opinion of
2234	the court, the ability of the defendant to comply with the terms
2235	of the contract is not materially affected by reason of such
2236	service. Alternatively, the court may otherwise dispose of the
2237	case as is in the interest of all parties.
2238	Section 54. Section 250.5205, Florida Statutes, is amended
2239	to read:
2240	250.5205 Mortgages, trust deeds, etc.; penalty.--
2241	(1) In any proceeding commenced during the period of state
2242	active duty or active dutyserviceto enforce obligations
2243	secured by mortgage, trust deed, or other security upon real or
2244	personal property owned prior to the commencement of a period of
2245	state active duty or active dutyservice, the court may on its
2246	own motion stay the proceedings or otherwise dispose of the case
2247	as is equitable to conserve the interests of all parties. The
2248	court shall stay the proceedings upon the application of a
2249	person or agent of the person onin state active duty or active
2250	dutyserviceunless, in the opinion of the court, the ability of
2251	the defendant to comply with the terms of the obligations is not
2252	materially affected.
2253	(2) A sale, foreclosure, or seizure of property for
2254	nonpayment of any sum due under any obligation, or for breach of
2255	the terms of such obligation, is not valid if made during the
2256	period of state active duty or active dutyserviceor within 30
2257	days thereafter, unless upon an order previously granted by the
2258	court and a return thereto made toand approved by the court.
2259	(3) This section applies only to obligations secured by a
2260	mortgage, trust deed, or other security in the nature of a
2261	mortgage upon real or personal property owned by a person onin
2262	state active duty or active dutyserviceat the commencement of
2263	the period of state active duty or active dutyserviceand still
2264	owed by her or him, which obligation originated prior to such
2265	person's period of state active duty or active dutyservice.
2266	Section 55. Subject to an annual appropriation, the
2267	Florida National Guard shall provide training, training support,
2268	and facilities to facilitate the state’s attainment of its goals
2269	to reduce the supply of and demand for illegal drugs.
2270	Section 56. Sections 250.13, 250.21, 250.27, 250.41, and
2271	250.42, Florida Statutes, are repealed.
2272	Section 57. Paragraph (j) of subsection (5) of section
2273	932.7055, Florida Statutes, is amended to read:
2274	932.7055 Disposition of liens and forfeited property.--
2275	(5) If the seizing agency is a state agency, all remaining
2276	proceeds shall be deposited into the General Revenue Fund.
2277	However, if the seizing agency is:
2278	(j) The Department of Military Affairs, the proceeds
2279	accrued from federal forfeiture sharing pursuant to 21 U.S.C.
2280	ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C.
2281	s. 1616a shall be deposited into the Cooperative Agreement
2282	Armory BoardTrust Fund and used for purposes authorized by such
2283	federal provisions based on the department's budgetary authority
2284	or into the department's Federal Law Enforcement Trust Fund as
2285	provided in s. 250.175, as applicable.
2286	Section 58. This act shall take effect upon becoming a
2287	law.