Senate Bill sb0684c1
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By the Committee on Military and Veterans' Affairs, Base
Protection, and Spaceports; and Senator Lynn
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1 A bill to be entitled
2 An act relating to military affairs; amending
3 s. 250.01, F.S.; providing definitions;
4 amending s. 250.02, F.S.; specifying persons
5 exempt from military duty; amending ss. 250.03,
6 250.04, F.S.; providing for the military law of
7 the state; providing duties and authority of
8 the Governor; amending s. 250.05, F.S.;
9 designating the Adjutant General as head of the
10 Department of Military Affairs; amending s.
11 250.06, F.S.; providing additional duties of
12 the Governor as commander in chief of the
13 militia of the state; authorizing the Governor
14 to delegate to the Adjutant General the
15 authority to convene a general court-martial;
16 amending s. 250.07, F.S.; providing that
17 persons declaring an intention to become
18 citizens may be members of the Florida National
19 Guard; specifying qualifications for certain
20 officers of the Florida National Guard;
21 amending ss. 250.08, 250.09, F.S.; providing
22 duties and authority of the Governor with
23 respect to the Florida National Guard; amending
24 s. 250.10, F.S.; revising the qualifications
25 and duties of the Adjutant General; authorizing
26 the Adjutant General to order troops to state
27 active duty under certain circumstances;
28 specifying qualifications for Assistant
29 Adjutant Generals of the Florida National
30 Guard; specifying requirements for tuition
31 assistance programs and a tuition exemption
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1 program for members of the Florida National
2 Guard; providing penalties for failure to
3 comply with program requirements; amending s.
4 250.115, F.S.; requiring the Adjutant General
5 to appoint a president of the board of
6 directors of the direct-support organization of
7 the Department of Military Affairs; specifying
8 duties of the Department of Military Affairs
9 with respect to the organization; amending ss.
10 250.12, 250.16, F.S., relating to officers;
11 conforming provisions to changes made by the
12 act; amending s. 250.175, F.S.; specifying
13 trust funds of the Department of Military
14 Affairs; amending s. 250.18, F.S.; revising
15 requirements for officers for providing of
16 equipment and uniforms; amending ss. 250.19,
17 250.20, F.S.; providing requirements for the
18 payment of expenses and allowances; conforming
19 provisions to changes made by the act;
20 providing requirements for accounting practices
21 of military posts; amending ss. 250.23, 250.24,
22 F.S., relating to pay and expenses for
23 personnel in state active duty; conforming
24 provisions to changes made by the act;
25 providing for the deposit of moneys used to pay
26 activated troops; amending ss. 250.25, 250.26,
27 F.S.; authorizing the borrowing of money and
28 transfer of funds; amending s. 250.28, F.S.;
29 revising provisions relating to the activation
30 of troops; amending ss. 250.29, 250.30, 250.31,
31 F.S., relating to orders of civil authorities
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1 and immunity from liability for members of the
2 Florida National Guard; increasing the penalty
3 imposed for violations involving failure to
4 provide assistance to civil authorities;
5 conforming provisions to changes made by the
6 act; amending ss. 250.32, 250.33, F.S.,
7 relating to duties of commanding officers;
8 conforming provisions to changes made by the
9 act; amending s. 250.34, F.S., relating to
10 injury or death in state active duty;
11 clarifying that injuries resulting from a
12 preexisting condition are not compensable;
13 providing for coverage under the Workers'
14 Compensation Law under certain circumstances;
15 amending s. 250.341, F.S.; providing
16 requirements for continuing or reinstating
17 health insurance when an employee is activated
18 for duty; providing certain exceptions to a
19 requirement that an employer be notified of
20 such duty; amending s. 250.35, F.S.;
21 prohibiting the trial of a warrant officer or
22 cadet by a summary court-martial; providing for
23 waiver of trial by panel and for trial by a
24 military judge; authorizing the Adjutant
25 General to convene a general court-martial;
26 clarifying penalties involving a reduction in
27 grade; prohibiting a punishment of imprisonment
28 and a fine; limiting certain nonjudicial
29 punishments; providing for a finding of guilt
30 to be appealed to the District Court of Appeal;
31 creating s. 250.351, F.S.; providing that ch.
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1 250, F.S., applies within or outside the state;
2 providing for jurisdiction of a court-martial
3 or court of inquiry within or outside the
4 state; amending s. 250.36, F.S.; authorizing
5 the Adjutant General and certain other military
6 officers to issue pretrial confinement warrants
7 and subpoenas and enforce the attendance of
8 witnesses and the production of documents;
9 amending s. 250.37, F.S.; providing for payment
10 of expenses in a court-martial; amending s.
11 250.375, F.S.; authorizing medical officers to
12 practice medicine on military personnel or
13 civilians under certain circumstances; amending
14 s. 250.38, F.S.; prohibiting certain actions or
15 proceedings against a member of a military
16 court or certain other persons; amending s.
17 250.39, F.S.; revising penalties imposed for
18 contempt; amending s. 250.40, F.S.; revising
19 the authority and responsibilities of the
20 Armory Board; including a representative of the
21 Governor on the board; amending ss. 250.43,
22 250.44, 250.45, F.S.; increasing the penalties
23 imposed for violations involving wearing a
24 uniform or insignia of rank without
25 authorization, the theft of military equipment,
26 or discrimination against military personnel;
27 amending ss. 250.46, 250.47, 250.48, F.S.,
28 relating to pay and leaves of absence;
29 conforming provisions to changes made by the
30 act; providing certain protections for an
31 employee of a school district while on leave
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1 for active state duty; limiting the duration of
2 a leave of absence with pay; amending ss.
3 250.481, 250.482, F.S., relating to employment
4 discrimination and other penalties; clarifying
5 that a state employer, including a school
6 district or vocational or technical school, may
7 not penalize a member of the Florida National
8 Guard who is ordered into state active duty;
9 amending s. 250.49, F.S.; providing for rations
10 and payment of expenses for officers and
11 enlisted personnel under certain circumstances;
12 amending ss. 250.51, 250.52, F.S.; increasing
13 the penalties imposed for making an insulting
14 remark or gesture toward the Florida National
15 Guard or unlawfully persuading a person not to
16 enlist in the armed forces; conforming
17 provisions to changes made by the act; amending
18 ss. 250.5201, 250.5202, 250.5204, 250.5205,
19 F.S., relating to proceedings and other actions
20 against a person called into state active duty
21 or active duty; conforming provisions to
22 changes made by the act; requiring the Florida
23 National Guard to provide training, support,
24 and facilities for the state's drug
25 interdiction efforts, subject to an
26 appropriation; repealing ss. 250.13, 250.21,
27 250.27, 250.41, 250.42, 250.601, F.S., relating
28 to general officers, retired officers and
29 personnel, active service, military properties
30 and lands, and the Emergency Response Trust
31 Fund; providing an effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 250.01, Florida Statutes, is
4 amended to read:
5 (Substantial rewording of section. See
6 s. 250.01, F.S., for present text.)
7 250.01 Definitions.--As used in this chapter, the
8 term:
9 (1) "Active duty" means full-time duty in active
10 military service of the United States. The term includes
11 federal duty such as full-time training, annual training, and
12 attendance while a person is in active military service or
13 attending a school designated as a service school by law or by
14 the secretary of the military department concerned. The term
15 does not mean full-time duty in the National Guard.
16 (2) "Air National Guard" means that part of the
17 National Guard of a state or territory of the United States,
18 Puerto Rico, or the District of Columbia, active or inactive,
19 which is:
20 (a) An air force;
21 (b) Trained, and has its officers appointed, under the
22 United States Constitution;
23 (c) Organized, armed, and equipped wholly or partially
24 at federal expense; and
25 (d) Federally recognized.
26 (3) "Air National Guard of the United States" means the
27 reserve component of the Air Force, the membership of which
28 consists of members of the Air National Guard.
29 (4) "Armed forces" means the United States Army, Navy,
30 Air Force, Marine Corps, and Coast Guard.
31
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1 (5) "Armory" means a building or group of buildings
2 used primarily for housing and training troops or for storing
3 military property, supplies, or records.
4 (6) "Army National Guard" means that part of the
5 National Guard of a state or territory of the United States,
6 Puerto Rico, or the District of Columbia, active or inactive,
7 which is:
8 (a) A land force;
9 (b) Trained, and has its officers appointed, under the
10 United States Constitution;
11 (c) Organized, armed, and equipped wholly or partially
12 at federal expense; and
13 (d) Federally recognized.
14 (7) "Army National Guard of the United States" means
15 the reserve component of the Army, the membership of which
16 consists of members of the Army National Guard.
17 (8) "Convening authority" means a commissioned officer
18 in command and his or her successors in command.
19 (9) "Enlisted personnel" means persons enlisted,
20 inducted, called, or conscripted into an armed force in an
21 enlisted grade.
22 (10) "Grade" means a step or degree in a graduated
23 scale of office or military rank which is established and
24 designated as a grade by law or rule.
25 (11) "Military judge" means the presiding officer of a
26 general or special court-martial. Except as otherwise
27 expressly provided, in the context of a summary court-martial
28 the term "military judge" includes the summary court-martial
29 officer.
30 (12) "Military post" means an armory, facility,
31 installation, or real property under the supervision or
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1 control of the Armory Board which is used primarily for
2 housing and training troops; performing administrative duties;
3 or storing military property, supplies, or records.
4 (13) "National Guard" means the Army National Guard
5 and the Air National Guard.
6 (14) "National Guard Bureau" means the joint Bureau of
7 the Department of the Army and the Department of the Air Force
8 within the Department of Defense, as defined in 10 U.S.C. s.
9 10501.
10 (15) "Offense" means a criminal charge under the
11 Uniform Code of Military Justice.
12 (16) "Officer" means a commissioned officer or warrant
13 officer.
14 (17) "Rank" means the order of precedence among
15 members of the armed forces.
16 (18) "Post commander" means the officer in charge of a
17 military post or training site, a National Guard armory, or a
18 portion of a National Guard armory when colocated in an Armed
19 Forces Reserve Center.
20 (19) "State active duty" means full-time duty in
21 active military service of the State of Florida when ordered
22 by the Governor or Adjutant General in accordance with s.
23 250.06, s. 250.10, or s. 250.28 to preserve the public peace,
24 execute the laws of the state, suppress insurrection, repel
25 invasion, enhance security and respond to terrorist threats or
26 attacks, respond to an emergency as defined in s. 252.34 or to
27 imminent danger of an emergency, enforce the law, carry out
28 counter-drug operations, provide training, provide for the
29 security of the rights or lives of the public, protect
30 property, or conduct ceremonies. The term includes the duties
31 of officers or enlisted personnel who are employed under the
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1 order of the Governor in recruiting; making tours of
2 instruction; inspecting troops, armories, storehouses,
3 campsites, rifle ranges, or military property; sitting on
4 general or special courts-martial, boards of examination,
5 courts of inquiry, or boards of officers; or making or
6 assisting in physical examinations.
7 (20) "Troops" includes personnel of the Army National
8 Guard and the Air National Guard.
9 Section 2. Section 250.02, Florida Statutes, is
10 amended to read:
11 250.02 Militia.--
12 (1) The militia consists shall consist of all
13 able-bodied citizens of this state, and all other able-bodied
14 persons who shall have declared their intention to become
15 citizens.
16 (2) The organized militia is shall be composed of the
17 National Guard and any such other organized military forces
18 that as are now or may be authorized by law.
19 (3) The unorganized militia is shall be composed of
20 all persons who are subject to military duty but who are not
21 members of units of the organized militia.
22 (4) Only persons exempt from military duty by the
23 terms of federal law are the National Defense Act shall be
24 exempt from military duty in this state.
25 Section 3. Section 250.03, Florida Statutes, is
26 amended to read:
27 250.03 Military law of the state National Defense
28 Act.--Federal laws that All provisions of the National Defense
29 Act and all laws amendatory thereof and supplemental thereto
30 insofar as they relate to the Florida National Guard, and that
31 are not inconsistent with the State Constitution or state law,
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1 are declared to be a part of the military laws of the state.
2 and The Governor of Florida, as commander in chief, may do and
3 perform all acts and make and publish such rules and
4 regulations to raise and keep the Florida National Guard at in
5 every respect up to the standard required by the laws of the
6 United States and the rules and regulations of the Secretary
7 of Defense governing the National Guard, now existing or which
8 may hereafter be enacted or promulgated for the National
9 Guard.
10 Section 4. Section 250.04, Florida Statutes, is
11 amended to read:
12 250.04 Naval militia; marine corps.--The Governor may
13 is authorized in his or her discretion to organize a naval
14 militia and a marine corps in accordance with federal law the
15 laws now existing or which may hereafter be enacted by the
16 Congress governing the Naval Militia or Marine Corps of the
17 United States, and regulations issued by the Secretary of the
18 Navy for the governing government of the United States Navy,
19 Naval Militia, and Marine Corps.
20 Section 5. Section 250.05, Florida Statutes, is
21 amended to read:
22 250.05 Department of Military Affairs.--
23 (1) The agency of the state government heretofore
24 known as the Military Department shall henceforth be known as
25 the Department of Military Affairs of the State, which shall
26 be organized composed of the military forces as provided in
27 the laws of this state.
28 (2) "Military personnel of the Department of Military
29 Affairs" includes any person who is required to wear a
30 military uniform in performing the performance of his or her
31 official duties, and who is required to serve in the Florida
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1 National Guard as a condition of his or her employment by the
2 department.
3 (3) The head of the Department of Military Affairs is
4 the Adjutant General.
5 Section 6. Section 250.06, Florida Statutes, is
6 amended to read:
7 250.06 Commander in chief.--
8 (1) The Governor of Florida is shall be the commander
9 in chief of all the militia of the state.
10 (2) The Governor of Florida, as commander in chief,
11 may alter, increase, divide, annex, consolidate, disband,
12 organize, or reorganize an organization, department, corps, or
13 staff, so as to conform as far as practicable to any
14 organization, system, drill, instruction, corps or staff,
15 uniform or equipment, or period of enlistment, now or
16 hereafter prescribed by the laws of the United States, and the
17 rules and regulations adopted promulgated thereunder by the
18 Department of Defense, for the organization, armament,
19 training, and discipline of the National Guard organized
20 militia.
21 (3) The Governor may shall have the power, in order to
22 preserve the public peace, execute the laws of the state,
23 suppress insurrection, repel invasion, respond to an emergency
24 as defined in s. 252.34(3) or imminent danger thereof, or, in
25 case of the calling of all or any portion of the militia of
26 Florida into the services of the United States, may to
27 increase the Florida National Guard organized militia of this
28 state and organize it the same in accordance with the existing
29 rules and regulations governing the Armed Forces of the United
30 States., or in accordance with such other system as the
31 Governor may consider the exigency to require; and Such
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1 organization and increase may be either pursuant to or in
2 advance of any call made by the President of the United
3 States. If the Florida National Guard is activated into
4 service of the United States, another organization may not be
5 designated as the Florida National Guard.
6 (4) The Governor may shall have the power, in order to
7 preserve the public peace, execute the laws of the state,
8 enhance domestic security, respond to terrorist threats or
9 attacks, or respond to an emergency as defined in s. 252.34(3)
10 or imminent danger thereof, or respond to any need for
11 emergency aid to civil authorities as specified in s. 250.28,
12 to order into state active duty service of the state all or
13 any part of the militia which that he or she deems may deem
14 proper. During the absence of any organization in the service
15 of the United States, its state designation shall not be given
16 to any new organization.
17 (5)(4) The Governor may authorize all or any part of
18 the Florida National Guard organized militia to participate in
19 any parade, review, inspection, ceremony, or other public
20 exercise; or to serve for escort duty; to participate in
21 training;, to provide extraordinary support to law enforcement
22 upon request;, and to provide humanitarian relief in
23 situations for which it is uniquely qualified.; and Such
24 expenses incidental thereto and authorized by as the Governor
25 may authorize may be paid as hereinafter provided for state
26 active duty service.
27 (6) The Governor may delegate the authority to convene
28 a general court-martial to the Adjutant General.
29 Section 7. Section 250.07, Florida Statutes, is
30 amended to read:
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1 250.07 Florida National Guard; composition;
2 departmental organization.--
3 (1) The Florida National Guard shall consist of
4 members of the militia enlisted personnel, therein and of
5 commissioned officers, and warrant officers who are citizens
6 of the United States, or who have declared their intention to
7 become citizens of the United States, organized, armed,
8 equipped, and federally recognized, in accordance with the
9 laws of the state and the laws and regulations of the
10 Department of the Army and the Department of the Air Force.
11 The state headquarters of the Florida National Guard shall
12 include separate components for the Army and Air Force.
13 (2) All general officers of the Florida National Guard
14 must be federally recognized and appointed by the Governor,
15 subject to confirmation by the Senate. be organized so as to
16 establish a department for army and a department for air. The
17 state headquarters will be under the administration of the
18 state Adjutant General, who shall hold the rank of major
19 general or such higher rank as may be authorized by applicable
20 tables of organization of the Department of the Army. There
21 shall be an Assistant Adjutant General for Army who shall hold
22 rank, not higher than brigadier general, and who shall assist
23 and advise the Adjutant General in the supervision and
24 operation of the Florida Army National Guard, and an Assistant
25 Adjutant General for Air who shall hold rank, not higher than
26 brigadier general, and who shall assist and advise the
27 Adjutant General in the supervision and operation of the
28 Florida Air National Guard. Each of the three aforementioned
29 officers shall be a federally recognized officer of the
30 Florida National Guard, who shall have served therein as such
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1 for at least 5 years and has attained the rank of major or
2 higher.
3 Section 8. Section 250.08, Florida Statutes, is
4 amended to read:
5 250.08 Florida National Guard organized.--The Governor
6 of Florida may perform any and all acts, and make and publish
7 all such rules and regulations, as he or she considers may
8 deem necessary to organize effect the organization or
9 reorganize reorganization of the Florida National Guard, in
10 conformity to federal law the terms of the National Defense
11 Act, and the rules, regulations, and proclamations of
12 promulgated by the President of the United States or the
13 Department of Defense, relating to the National Guard of this
14 state or the United several States.
15 Section 9. Section 250.09, Florida Statutes, is
16 amended to read:
17 250.09 Appropriations, property, and equipment.--The
18 Governor of Florida may take all necessary steps to obtain all
19 appropriations, property, and equipment, now or hereafter
20 provided by the United States or authorized by law for the
21 use, aid, equipment, benefit, or instruction of the Florida
22 National Guard.
23 Section 10. Section 250.10, Florida Statutes, is
24 amended to read:
25 250.10 Appointment and duties of the Adjutant
26 General.--
27 (1) In case of a vacancy, the Governor shall, subject
28 to confirmation by the Senate, appoint a federally recognized
29 officer of the Florida National Guard, who has shall have
30 served in the Florida National Guard therein as such for the
31 preceding 5 years and attained the rank of colonel or higher,
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1 to be the Adjutant General of the state with the rank of not
2 less than brigadier general or such higher rank as may be
3 authorized by applicable tables of organization of the
4 Department of the Army or the Department of the Air Force. The
5 Adjutant General and all other military personnel officers of
6 the Florida National Guard on full-time military permanent
7 duty with the Department of Military Affairs, except military
8 police and firefighters, and who are paid from state funds
9 shall receive the pay and allowances of their respective grade
10 as prescribed by applicable pay tables of the national
11 military establishment for similar grade and period of service
12 of personnel, unless a different rate of pay and allowances is
13 be specified in an the appropriation act of the Legislature
14 bill, in which event such pay shall be the amount therein
15 specified. An officer, with his or her consent, may be
16 ordered to state active state duty service for administrative
17 duty with the Department of Military Affairs at a grade lower
18 than the officer currently holds.
19 (2) The Adjutant General of the state shall be the
20 Chief of the Department of Military Affairs. He or she shall:
21 (a) Supervise the receipt, preservation, repair,
22 distribution, issue, and collection of all arms and military
23 equipment stores of the state.
24 (b) Supervise all troops, arms, and branches of the
25 Florida National Guard, including Militia, such supervisory
26 powers covering primarily all duties pertaining to their
27 organization, armament, discipline, training, recruiting,
28 inspection, instruction, pay, subsistence, and supplies.
29 (c) Maintain records of all military personnel of the
30 Florida National Guard, and maintain officers and men and
31 women of the organized militia, and keep on file in the
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1 Adjutant General's office, copies of all orders, reports, and
2 communications received and issued by him or her.
3 (d) Cause the law and orders relating to the Florida
4 National Guard militia of Florida to be indexed, printed, and
5 bound, and prepare and publish blank books, forms, and
6 stationery when necessary, and furnish them at the expense of
7 the state.
8 (e)1. Prepare and publish by order of the Governor
9 such orders, rules, and regulations, consistent with law, as
10 are necessary to bring the organization, armament, equipment,
11 training, and discipline of the Florida National Guard to a
12 state of efficiency as near nearly as possible to that of the
13 regular United States Army and Air Force, and the Adjutant
14 General shall attest all orders of the commander in chief
15 relating to the Florida National Guard militia.
16 2. Establish by directive an organized and supervised
17 physical fitness program for military state active duty
18 personnel of the Department of Military Affairs, provided that
19 the program does not exceed 1 hour per day, for a maximum of 3
20 hours per week, and originates and terminates at the normal
21 work site. All fees, membership dues, equipment, and clothing
22 relating to such physical fitness program shall be at no cost
23 to the state. Administrative leave, not to exceed 3 hours per
24 week, shall be provided by the department to all state active
25 duty personnel authorized to participate participating in the
26 physical fitness program.
27 3. Establish by directive a post exchange store for
28 members of the Florida National Guard, their families, guests,
29 and other authorized users. The post exchange store shall be
30 located at the Camp Blanding Training Site. The primary
31 purpose of the store is to provide for the morale, recreation,
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1 and welfare of all service members training at the Camp
2 Blanding Training Site. The operation of the post exchange
3 store must be in accordance with state and federal laws,
4 rules, and regulations. Profits of the post exchange store,
5 if any, shall be deposited in the Camp Blanding Management
6 Trust Fund and shall be used to enhance the facilities and
7 services provided by the Camp Blanding Training Site. The Camp
8 Blanding Management Trust Fund may be used to initiate and
9 support the initial operations of the Camp Blanding post
10 exchange store. The Adjutant General may establish an account
11 with a federally insured financial institution in the state to
12 facilitate the operations of the post exchange store.
13 (f) Prepare such reports required by and returns as
14 the Secretary of Defense may prescribe and require.
15 (g) Provide military police or security guards to
16 secure or guard any state military reservation or armory that
17 the Adjutant General finds necessary to secure or guard.
18 (g)(h) Perform such other duties as may be required of
19 the Adjutant General by the commander in chief.
20 (h)(i) The Adjutant General may Employ personnel such
21 clerical help as is necessary for the proper conduct of the
22 Department of Military Affairs. The Adjutant General may, and
23 he or she is authorized to accept personnel such clerical,
24 technical, or other assistants as may be provided by the
25 Federal Government.
26 (i)(j) Establish and maintain as part of the Adjutant
27 General's office a repository of records of the services of
28 Florida troops, including Florida officers and enlisted
29 personnel, during all wars, and shall be the custodian of all
30 records, relics, trophies, colors, and histories relating to
31
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1 such wars which are possessed or, now in possession of or
2 which may be acquired by the state.
3 (j)(k) Maintain The Adjutant General shall have a seal
4 of office, to be approved by the commander in chief, and all
5 copies of papers in his or her office, duly certified and
6 authenticated under the said seal, are shall be admissible in
7 evidence in all cases in like manner as if the original were
8 produced.
9 (k)(l) Provide The Adjutant General shall, upon
10 request, provide a summary to the Governor on the number and
11 condition of the Florida National Guard organized militia, and
12 the number and condition of the arms and property
13 accouterments in the custody of the state, and shall transmit
14 to the Governor at that said time a detailed report of all
15 funds and moneys received and disbursed by the Department of
16 Military Affairs. The Adjutant General may also recommend
17 make such recommendations as to needed legislation as he or
18 she deems may deem proper.
19 (l)(m) Subject to annual appropriations, administer
20 youth About Face programs and adult Forward March programs at
21 sites to be selected by the Adjutant General.
22 1. About Face shall establish a summer and a
23 year-round after-school life-preparation program for
24 economically disadvantaged and at-risk youths from 13 through
25 17 years of age. Both programs must provide schoolwork
26 assistance, focusing on the skills needed to master basic high
27 school competencies and pass the high school competency test,
28 and also focus on functional life skills, including teaching
29 students to work effectively in groups; providing basic
30 instruction in computer skills; teaching basic
31 problem-solving, decisionmaking, and reasoning skills;
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1 teaching how the business world and free enterprise work
2 through computer simulations; and teaching home finance and
3 budgeting and other daily living skills.
4 1. About Face is a summer and year-round after-school
5 life-preparation program for economically disadvantaged and
6 at-risk youths from 13 through 17 years of age. The program
7 must provide training In the after-school program, students
8 must train in academic study skills, and the basic skills that
9 businesses require for employment consideration.
10 2. Forward March is a job-readiness program for
11 economically disadvantaged participants who are directed to
12 Forward March by the local Regional Workforce Development
13 Boards. The Adjutant General shall provide job-readiness
14 services in the Forward March program for WAGES Program
15 participants who are directed to Forward March by local WAGES
16 coalitions. The Forward March program shall provide training
17 on topics that directly relate to the skills required for
18 real-world success. The program shall emphasize functional
19 life skills, computer literacy, interpersonal relationships,
20 critical-thinking skills, business skills, preemployment and
21 work maturity skills, job-search skills, exploring careers
22 activities, how to be a successful and effective employee, and
23 some job-specific skills. The program also shall provide
24 extensive opportunities for participants to practice generic
25 job skills in a supervised work setting. Upon completion of
26 the program, Forward March shall return participants to the
27 local Regional Workforce Development Boards WAGES coalition
28 for placement in a job placement pool.
29 (m) Order troops to state active duty for training,
30 subject to approved appropriations or grants.
31
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1 (3) The Adjutant General There shall furnish be
2 furnished suitable buildings for conducting the business of
3 the Department of Military Affairs and for the proper storage,
4 repair, and issuance of military property.
5 (4) The Adjutant General shall, subject to
6 confirmation by the Senate, employ a federally recognized
7 officer of the Florida National Guard, who has shall have
8 served in the Florida Army Guard therein as such for the
9 preceding 5 years and attained have obtained the rank of
10 colonel or higher at the time of appointment, to be the
11 Assistant Adjutant General for Army. The officer who shall
12 perform the such duties required by as the Adjutant General
13 may require.
14 (5) The Adjutant General shall, subject to
15 confirmation by the Senate, employ a federally recognized
16 officer of the Florida National Guard, who has served in the
17 Florida Air Guard for the preceding 5 years and attained the
18 rank of colonel or higher at the time of appointment, to be
19 the Assistant Adjutant General for Air. The officer shall
20 perform the duties required by the Adjutant General.
21 (6)(5) The Adjutant General shall employ a federally
22 recognized officer of the Florida National Guard as the state
23 quartermaster who, under the direction of the Adjutant
24 General, shall account is accountable for all funds accruing
25 to the Department of Military Affairs; and shall receive,
26 preserve, repair, issue, distribute, and account for all
27 Department of Military Affairs property, including real estate
28 pertaining to the State Armory Board;, and may shall
29 construct, maintain, improve, and repair facilities pertaining
30 to the Department of Military Affairs and the armory board.
31 The state quartermaster shall will be the recorder of the
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1 armory board and will perform any such other duties as may be
2 required of him or her by the Adjutant General.
3 (6) The Adjutant General shall employ a federally
4 recognized officer of the Florida National Guard, who shall
5 have served therein as such for the preceding 5 years and have
6 attained the rank of colonel or higher, to be the Assistant
7 Adjutant General for Air who shall perform such duties as the
8 Adjutant General may require.
9 (7) The Adjutant General and representatives of the
10 Board of Regents, the State Board of Community Colleges, and
11 the State Board of Education shall design and develop
12 education a tuition assistance programs program for members in
13 good standing of the active Florida National Guard who enroll
14 in a public institution of higher learning in the state in
15 accordance with the provisions of subsection (8).
16 (a) The programs program shall set forth application
17 requirements, including which include, but are not limited to,
18 requirements that the applicant shall:
19 1. Be 17 years of age or older.
20 2. Be presently domiciled in the state.
21 3. Be a member in good standing in the active Florida
22 National Guard at the beginning of and throughout the entire
23 academic term for which benefits are received.
24 4. Maintain continuous satisfactory participation in
25 the active Florida National Guard for any school term for
26 which exemption benefits are received.
27 5. Upon enrollment in a program specified in
28 subsection (8) or subsection (9), complete a memorandum of
29 agreement to comply with the rules of the program and Agree in
30 writing to serve in the active Florida National Guard for 3
31
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1 years after completion of the studies for which an exemption
2 is granted or tuition and fees are paid.
3 (b) The program shall include, but not be limited to,
4 the following penalties:
5 1. When a member of the active Florida National Guard
6 receives an exemption from tuition and fees for any academic
7 term and fails to maintain satisfactory participation in the
8 Florida National Guard during such academic term, the
9 exemption shall immediately be forfeited and the member shall
10 be required to pay to the institution all tuition charges and
11 student fees for the current academic term for which the
12 exemption has been granted.
13 2. When a member of the active Florida National Guard
14 leaves the Florida National Guard during the 3-year period
15 such member had agreed to serve after completing the courses
16 for which exemptions were granted, the member shall be
17 required to reimburse the state for all tuition charges and
18 student fees for which such member received exemptions, unless
19 the Adjutant General determines there are justifiable
20 extenuating circumstances.
21 3. If the service of a member of the active Florida
22 National Guard is terminated or the member is placed on
23 scholastic probation while receiving exemption benefits, the
24 exemption shall be immediately forfeited and the member shall
25 pay to the institution all tuition charges and student fees
26 for the current academic term for which the member has
27 received an exemption.
28 (b)(c) The programs program shall define those members
29 of the active Florida National Guard who are ineligible to
30 participate in the program and those courses of study which
31 are not authorized for the program.
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1 1. Such members shall include, but are not be limited
2 to:
3 a. Any member, commissioned officer, or warrant
4 officer, or enlisted person, who has a baccalaureate degree.
5 b. Any member who has 15 years or more of total
6 military service creditable toward retirement.
7 c. Any member who has not completed basic military
8 training.
9 2. Courses not authorized include noncredit courses,
10 courses that which do not meet degree requirements, or courses
11 that which do not meet requirements for completion of
12 vocational-technical training.
13 (c)(d) The Adjutant General, together with the Board
14 of Regents, the State Board of Community Colleges, and the
15 State Board of Education, shall adopt promulgate rules for the
16 overall policy, guidance, administration, implementation, and
17 proper utilization of the program. Such rules must shall
18 include, but not be limited to, guidelines for certification
19 by the Adjutant General of a guard member's eligibility,
20 procedures for notification to an institution of a guard
21 member's termination of eligibility, and procedures for
22 restitution when a guard member fails to comply with the
23 penalties described in this section paragraph (b).
24 (8) The Department of Military Affairs may is
25 authorized to administer a tuition exemption an educational
26 tuition assistance program, known as the State Tuition
27 Exemption Program (STEP), for members of the Florida National
28 Guard who qualify pursuant to subsection (7).
29 (a) Members of the Florida National Guard are shall be
30 exempt from payment of one-half of tuition and fees, subject
31 to the following limitations:
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1 1. A member may not participate Participation in the
2 STEP Program for more than shall not exceed a period of 10
3 years following from the date of enrollment in the tuition
4 assistance program, or shall continue until graduation or
5 termination of the full-time or part-time student, whichever
6 occurs earlier.
7 2. Florida National Guard members shall be admitted on
8 a space-available basis.
9 (b) Notwithstanding paragraph (a) and subject to
10 appropriations, the Department of Military Affairs may pay
11 one-half the the full cost of tuition and fees for required
12 courses for members of the Florida National Guard if a member
13 is unable to obtain admittance on a space-available basis and,
14 at least on one previous occasion, the member was denied
15 admission to the required course.
16 (c) Courses not authorized include noncredit courses,
17 courses that do not meet degree requirements, or courses that
18 do not meet requirements for completing vocational-technical
19 training.
20 (d) Penalties for noncompliance with program
21 requirements include, but are not limited to:
22 1. If a member of the active Florida National Guard
23 receives an exemption from tuition and fees for any academic
24 term and fails to maintain satisfactory participation in the
25 Florida National Guard during that academic term, the member
26 forfeits his or her exemption and shall pay the institution
27 granting the exemption all tuition charges and student fees
28 for the academic term for which the exemption was granted.
29 2. If a member of the active Florida National Guard
30 leaves the Florida National Guard during the 3-year period the
31 member has agreed to serve after completing the courses for
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1 which an exemption was granted, the member shall reimburse the
2 institution granting the exemption for all tuition charges and
3 student fees for which the member received an exemption,
4 unless the Adjutant General finds that there are justifiable
5 extenuating circumstances.
6 3. If the service of a member of the active Florida
7 National Guard is terminated or the member is placed on
8 scholastic probation while receiving an exemption, the
9 exemption shall be immediately forfeited and the member shall
10 pay the institution granting the exemption all tuition charges
11 and student fees for the academic term for which the exemption
12 was granted.
13 4. If a member defaults on any repayment made under
14 this paragraph, the institution may charge the member the
15 maximum interest rate authorized by law.
16 (9)(c) Subject to appropriations, the Department of
17 Military Affairs may pay the full cost of tuition and fees for
18 required courses for members of the Florida National Guard who
19 enlist after June 30, 1997. This program shall be known as the
20 Educational Dollars for Duty program (EDD), and is the primary
21 program for these members.
22 (a) A member may not participate in the EDD program
23 for more than 5 years following the date of eligibility for
24 the program.
25 (b) Courses not authorized include noncredit courses,
26 courses that do not meet the degree requirements, or courses
27 that do not meet requirements for completing
28 vocational-technical training.
29 (c) College preparatory classes are authorized
30 courses.
31
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1 (d) Penalties for noncompliance with program
2 requirements include, but are not limited to:
3 1. If a member of the active Florida National Guard
4 receives payment of tuition and fees for any academic term and
5 fails to maintain satisfactory participation in the Florida
6 National Guard during that academic term, the member shall
7 reimburse the Department of Military Affairs all tuition
8 charges and student fees for the academic term for which the
9 member received payment.
10 2. If a member of the active Florida National Guard
11 leaves the Florida National Guard during the 3-year period the
12 member has agreed to serve after completing the courses for
13 which payments were made, the member shall reimburse the
14 Department of Military Affairs all tuition charges and student
15 fees for which the member received payments, unless the
16 Adjutant General finds that there are justifiable extenuating
17 circumstances.
18 3. If the service of a member of the active Florida
19 National Guard is terminated or the member is placed on
20 scholastic probation while receiving payments, the member
21 shall reimburse the Department of Military Affairs all tuition
22 charges and student fees for the academic term for which the
23 member received payment.
24 4. If a member defaults on any reimbursement made
25 under this paragraph, the department may charge the member the
26 maximum interest rate authorized by law.
27 Section 11. Section 250.115, Florida Statutes, is
28 amended to read:
29 250.115 Department of Military Affairs direct-support
30 organization.--
31
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1 (1) DEFINITIONS.--As used in this section, the term
2 For the purposes of this section:
3 (a) "Direct-support organization" means an
4 organization that is:
5 1. A Florida corporation not for profit, incorporated
6 under the provisions of chapter 617 and approved by the
7 Department of State.
8 2. Organized and operated exclusively to raise funds;
9 request and receive grants, gifts, and bequests of moneys;
10 acquire, receive, hold, invest, and administer in its own name
11 securities, funds, or property; and make expenditures to or
12 for the direct or indirect benefit of the Department of
13 Military Affairs or the Florida National Guard.
14 3. Determined by the Department of Military Affairs to
15 be operating in a manner consistent with the goals of the
16 Department of Military Affairs and the Florida National Guard
17 and in the best interest of the state. Any organization that
18 is denied certification by the Adjutant General may not use
19 the name of the Florida National Guard or the Department of
20 Military Affairs in any part of its name or its publications.
21 (b) "Personal services" includes full-time or
22 part-time personnel as well as payroll processing.
23 (2) BOARD OF DIRECTORS.--The organization shall be
24 governed by a board of directors. The Adjutant General, or his
25 or her designee, shall appoint a serve as president of the
26 board. The board of directors shall consist of up to 15
27 members appointed by the president of the board Adjutant
28 General. Up to 15 additional members may shall be appointed by
29 the board of directors. The terms of office of the members
30 shall be 3 years. Members must be residents of the state and
31 highly knowledgeable about the United States military, its
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1 service personnel, and its missions. In making appointments,
2 the board must consider a potential member's background in
3 community service. The board Adjutant General may remove any
4 member for cause and shall fill vacancies that occur.
5 (3) USE OF PROPERTY.--
6 (a) The Department of Military Affairs may Adjutant
7 General is authorized to permit the use of property,
8 facilities, and personal services of the Department of
9 Military Affairs by the direct-support organization, subject
10 to the provisions of this section.
11 (b) The Department of Military Affairs Adjutant
12 General may prescribe by rule any condition with which a
13 direct-support organization organized under this section must
14 comply in order to use property, facilities, or personal
15 services of the Department of Military Affairs.
16 (c) The Department of Military Affairs Adjutant
17 General may not permit the use of its property, facilities, or
18 personal services of the Department of Military Affairs by any
19 direct-support organization organized under this section which
20 that does not provide equal employment opportunities to all
21 persons regardless of race, color, national origin, gender
22 sex, age, or religion.
23 (4) ACTIVITIES; RESTRICTIONS.--Any transaction or
24 agreement between the direct-support organization organized
25 pursuant to this section and another direct-support
26 organization or center of technology innovation designated
27 under s. 1004.77 must be approved by the Department of
28 Military Affairs Adjutant General.
29 (5) ANNUAL BUDGETS AND REPORTS.--The direct-support
30 organization shall submit to the Department of Military
31 Affairs Adjutant General its federal Internal Revenue Service
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1 Application for Recognition of Exemption form (Form 1023) and
2 its federal Internal Revenue Service Return of Organization
3 Exempt from Income Tax form (Form 990).
4 (6) ANNUAL AUDIT.--The direct-support organization
5 shall provide for an annual financial audit in accordance with
6 s. 215.981.
7 Section 12. Section 250.12, Florida Statutes, is
8 amended to read:
9 250.12 Appointment of commissioned and warrant
10 officers.--The appointment of commissioned officers and
11 warrant officers shall conform in number, rank, and
12 designation, and shall be based upon and made in conformity
13 with tables of organization for the National Guard as
14 prescribed in National Guard regulations published by the
15 National Guard Bureau. The appointees shall hold their
16 appointments subject to continuance of federal recognition, or
17 attainment of age 64 years, unless relieved by reason of
18 resignation or, disability, or for a cause to be determined by
19 a court-martial or efficiency board, legally convened for that
20 purpose. Vacancies shall, when practicable, be filled by
21 appointment from personnel of the Florida National Guard of
22 this state.
23 Section 13. Section 250.16, Florida Statutes, is
24 amended to read:
25 250.16 Authority to incur charge against state.--An No
26 officer of the militia or Florida National Guard may not shall
27 make any purchases or enter into any contract or agreement for
28 purchases or services as a charge against the state without
29 the authority of the Adjutant General.
30 Section 14. Section 250.175, Florida Statutes, is
31 amended to read:
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1 250.175 Trust funds; authorization; name; purpose
2 Federal Law Enforcement Trust Fund.--
3 (1)(a) The Federal Law Enforcement Trust Fund is
4 created within the Department of Military Affairs. The
5 department shall deposit into the trust fund moneys received
6 from the forfeiture of assets obtained through illegal drug
7 activities, which shall be used to support law enforcement and
8 counter-drug activities and drug interdiction programs of the
9 Florida National Guard. The department may deposit into the
10 trust fund receipts and revenues received as a result of
11 federal criminal, administrative, or civil forfeiture
12 proceedings and receipts and revenues received from federal
13 asset-sharing programs. The trust fund is exempt from the
14 service charges imposed by s. 215.20.
15 (b)(2) Notwithstanding the provisions of s. 216.301
16 and pursuant to s. 216.351, any balance in the trust fund at
17 the end of any fiscal year will shall remain in the trust fund
18 at the end of the year and shall be available for carrying out
19 the purposes of the trust fund. This trust fund is exempt from
20 the service charges imposed by s. 215.20.
21 (2)(a) The Emergency Response Trust Fund is created
22 within the Department of Military Affairs. Reimbursements from
23 the Federal Emergency Management Agency for the costs of
24 activating the Florida National Guard and transfers of state
25 funds approved by budget amendments processed under chapter
26 216 shall be deposited into the trust fund. The trust fund
27 shall be used to pay all operational costs incurred by the
28 Florida National Guard when called to active duty.
29 (b) In accordance with s. 19(f)(2), Art. III of the
30 State Constitution, the Emergency Response Trust Fund shall,
31 unless terminated sooner, be terminated on July 1, 2006.
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1 Before its scheduled termination, the trust fund shall be
2 reviewed as provided in s. 215.3206(1) and (2).
3 (c) Notwithstanding s. 216.301 and pursuant to s.
4 216.351, any balance in the trust fund at the end of any
5 fiscal year shall remain in the trust fund and is available
6 for carrying out the purposes of the trust fund. The trust
7 fund is exempt from the service charges imposed by s. 215.20.
8 (3)(a) The Camp Blanding Management Trust Fund is
9 created within the Department of Military Affairs. The
10 department shall deposit funds generated by revenue-producing
11 activities on the Camp Blanding Military Reservation into the
12 trust fund, which shall be used to support required training
13 of the Florida National Guard.
14 (b) Notwithstanding s. 216.301 and pursuant to s.
15 216.351, any balance in the trust fund at the end of any
16 fiscal year shall remain in the trust fund and is available
17 for carrying out the purposes of the trust fund. The trust
18 fund is exempt from the service charges imposed by s. 215.20.
19 (4)(a) The Cooperative Agreement Trust Fund is created
20 within the Department of Military Affairs. The department
21 shall deposit into the trust fund federal funds received by
22 the department under cooperative agreements between the
23 federal and state governments, which shall be used to perform
24 the functions and tasks specified in the agreements. The
25 department shall also deposit into the trust fund other funds
26 received by the department.
27 (b) Notwithstanding s. 216.301 and pursuant to s.
28 216.351, any balance in the trust fund at the end of any
29 fiscal year shall remain in the trust fund and is available
30 for carrying out the purposes of the trust fund.
31
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1 Section 15. The Legislature intends to codify section
2 1 of chapter 2002-167, Florida Statutes, which created the
3 Emergency Response Trust Fund within the Department of
4 Military Affairs, as section 250.175(2), Florida Statutes; to
5 codify as section 250.175(3), Florida Statutes, the Camp
6 Blanding Management Trust Fund within the Department of
7 Military Affairs, FLAIR number 62-2-069; and to codify as
8 section 250.175(4), Florida Statutes, the Armory Board Trust
9 Fund within the Department of Military Affairs, FLAIR number
10 62-2-039, which is redesignated as the Cooperative Agreement
11 Trust Fund.
12 Section 16. Section 250.18, Florida Statutes, is
13 amended to read:
14 250.18 Commissioned officers and warrant officers;,
15 clothing and uniform allowance.--Each commissioned officer and
16 warrant officer of the Florida National Guard must provide his
17 or her own uniform,
18 (1) Acceptance of appointment as a commissioned or
19 warrant officer in the National Guard of Florida shall involve
20 an obligation upon the part of the appointee to immediately
21 supply such arms, uniform, and articles of personal military
22 equipment as are prescribed under Department of the Army and
23 Department of the Air Force regulations for commissioned or
24 warrant officers of the National Guard or officers of the Army
25 or Air Force of the United States, of like grade and office.
26 (2) There shall be paid, upon appointment, to each
27 federally recognized commissioned and warrant officer in the
28 Florida National Guard, upon the officer's requisition,
29 approved by the Adjutant General, the sum of $100 as a uniform
30 allowance.
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1 Section 17. Section 250.19, Florida Statutes, is
2 amended to read:
3 250.19 Expenses for travel on military business.--Any
4 officer or enlisted person of the Florida National Guard,
5 traveling on military business not with troops, in obedience
6 to the orders of the Governor, must shall be reimbursed for
7 expenses incurred in the performance of such duties as
8 prescribed by law for state officers and employees.
9 Section 18. Section 250.20, Florida Statutes, is
10 amended to read:
11 250.20 Armory operations; Maintenance allowances.--
12 (1) A monetary allowance There shall be paid quarterly
13 to the post commander of each Florida National Guard armory
14 from funds appropriated to the Department of Military Affairs,
15 upon the approval of the Adjutant General, a monetary
16 allowance based on a calculation of need as determined by the
17 Adjutant General, exclusive of any space utilized and
18 maintained by a federally funded activity of the Florida
19 National Guard. The allowance shall cover costs for the
20 operation, maintenance, and repair of the armory facilities,
21 and for necessary expenses of the units located at the armory.
22 The amount of the allowance shall be computed by the Adjutant
23 General as of June 30 of each year for purposes of determining
24 the total amounts payable for inclusion in his or her budget
25 request to the Legislature.
26 (2) Payment of all allowances authorized under this
27 section are shall be subject to such rules as may be
28 prescribed by the Adjutant General and all moneys so paid are
29 shall be treated as public moneys and must be accounted for as
30 prescribed by rules. All funds must be deposited into a
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1 federal depository approved by the Department of Military
2 Affairs.
3 (3) If In the event an insufficient appropriation is
4 be made to the Department of Military Affairs to pay the
5 allowances hereinabove set forth in subsection (1), or if for
6 other sufficient reason the said amounts require
7 redistribution among the National Guard armories, then the
8 amount to be paid to such armories shall be adjusted as may be
9 administratively determined by the Adjutant General. Each post
10 commander is responsible for the proper receipt and
11 distribution of the post armory operations allowance, as
12 directed by the Department of Military Affairs.
13 Section 19. Section 250.23, Florida Statutes, is
14 amended to read:
15 250.23 Pay for state active duty service in state.--
16 (1) Officers and enlisted personnel of the Florida
17 National Guard, when ordered to state active duty service by
18 the state, as now defined by law, shall receive the pay and
19 allowance as prescribed in the applicable pay tables for
20 similar grades and periods of service of personnel in the
21 United States Army or Air Force. All Enlisted personnel shall
22 be provided subsistence in kind or commutation therefor in the
23 such amount as may be prescribed by the Adjutant General.
24 (2) Enlisted personnel of the Florida National Guard
25 who are ordered to state active duty service by the state, as
26 now defined by law, shall be paid $20 per day in addition to
27 any and all other compensation provided.
28 Section 20. Section 250.24, Florida Statutes, is
29 amended to read:
30 250.24 Pay and expenses; appropriation; procedures.--
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1 (1) The pay and expenses of troops ordered to state
2 out in active duty service of the state shall be paid from any
3 appropriation for preserving the public peace or from the pay
4 and expenses of troops ordered out in aid of civil
5 authorities. Payments shall be made upon prescribed forms of
6 payrolls and vouchers, accompanied by copies of the order
7 under which troops were acting, certified by the Adjutant
8 General and approved by the Governor. In those instances
9 where the payment will be made from the Department of Military
10 Affairs annual appropriation, the payroll need not be approved
11 by the Governor. The Adjutant General shall be the sole
12 authority of said pay for state active duty.
13 (2) An estimated cost for pay, allowances, and
14 expenses shall be calculated by the Adjutant General as soon
15 as possible after the troops are ordered to state out in
16 active duty service of the state; and the Adjutant General
17 shall request a release of moneys for such purpose.
18 (3) Notwithstanding the provision of s. 216.271,
19 moneys for pay and allowances of the troops ordered to state
20 out in active duty service of the state shall be deposited in
21 the Emergency Response Trust Fund a separate revolving fund,
22 which must shall be approved by the Comptroller and is shall
23 be subject to the provisions of s. 18.101(2). The Department
24 of Military Affairs shall administer the fund. Frequency of
25 payments to such troops shall be at the discretion of the
26 Adjutant General. The Department of Military Affairs shall
27 present to the Comptroller audit documentation of such
28 payments. The Department of Military Affairs shall maintain
29 all employee records relating to payments made pursuant to
30 this subsection and shall furnish to the Comptroller the
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1 information necessary to update the payroll master record of
2 each employee.
3 (4) The fund balance remaining in the Emergency
4 Response Trust Fund this separate revolving fund after a final
5 accounting of all expenditures for pay and allowances of the
6 troops shall be returned for deposit to the State Treasury
7 within 45 days after the termination of state active duty of
8 the troops, except that an operating balance in an amount
9 mutually agreed upon by the Comptroller and the Department of
10 Military Affairs shall be retained in the fund.
11 (5) Vouchers for expenditures other than such pay and
12 allowances shall be presented to the Comptroller for approval
13 and payment as prescribed by law.
14 Section 21. Section 250.25, Florida Statutes, is
15 amended to read:
16 250.25 Governor and Comptroller authorized to borrow
17 money.--When a there is no state appropriation is not
18 available for the pay and expenses of troops called to state
19 out in active duty service to preserve the peace or in aid of
20 civil authorities, and funds are not immediately available for
21 this purpose, the Governor and Comptroller may borrow money to
22 make such payments, in the such sum or sums as may from time
23 to time be required, and any such loans, so obtained, shall be
24 promptly repaid out of the first funds that become available
25 for that such use.
26 Section 22. Section 250.26, Florida Statutes, is
27 amended to read:
28 250.26 Transfer of funds.--Where the available funds
29 are not sufficient for the purposes specified in ss. 250.23,
30 250.24, and 250.34, the Governor and Comptroller may transfer
31 from any available fund in the State Treasury the, such sum as
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1 may be necessary to meet the such emergency, and the said
2 moneys must, so transferred, shall be repaid to the fund from
3 which transferred when moneys become available for that
4 purpose by legislative appropriation or otherwise.
5 Section 23. Section 250.28, Florida Statutes, is
6 amended to read:
7 250.28 Military support Order for troops to aid civil
8 authorities.--When an invasion or insurrection in the state is
9 made or threatened, or whenever there exists a threat to
10 security, a terrorist threat or attack, a riot, a mob, an
11 unlawful assembly, a breach of the peace, or resistance to the
12 execution of the laws of the state, or there is imminent
13 danger thereof, which and the civil authorities are unable to
14 suppress the same, the Governor, or in case the Governor
15 cannot be reached and the emergency will not permit of
16 awaiting his or her orders, the successor as provided in s.
17 14.055, or, if the appropriate successor cannot be reached and
18 the emergency will not permit awaiting his or her orders, the
19 Adjutant General, shall issue an order to the officer in
20 command of the body of troops best suited for the duty for
21 which a military force is required, directing the officer to
22 proceed with the troops, or as many thereof as may be
23 necessary, with all possible promptness, to respond to
24 suppress the invasion, insurrection, threat to security,
25 terrorist threat or attack, riot, mob, unlawful assembly,
26 breach of the peace, or resistance to execution of the laws of
27 the state same.
28 Section 24. Section 250.29, Florida Statutes, is
29 amended to read:
30 250.29 Duty of officer receiving order to provide
31 emergency aid to civil authority; penalty for failure to
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1 comply.--Any officer receiving an order to provide emergency
2 aid to a civil authority such orders shall immediately notify
3 the officers and enlisted personnel under his or her command,
4 and as soon as the officer's troops can be assembled, proceed
5 to the duty site. If responding to a civil disturbance, place
6 where such mob or body of riotous persons assembled to break
7 the law may be, and the officer, or the sheriff of the county
8 or other law enforcement peace officer accompanying the
9 officer, shall warn all such persons to desist and disperse,
10 and shall use the such force as may be necessary to restore
11 peace and overcome resistance. Any officer who fails failing
12 to comply with the provisions of this section and any officer
13 or enlisted person who is so notified by his or her commanding
14 officer and, who fails shall fail to obey such order, unless
15 prevented by physical disability, commits a misdemeanor of the
16 first second degree, punishable as provided in s. 775.082 or
17 s. 775.083, and may also be punished as a court-martial
18 directs dismissed or dishonorably discharged by sentence of
19 court-martial.
20 Section 25. Section 250.30, Florida Statutes, is
21 amended to read:
22 250.30 Orders of civil authorities; tactical direction
23 of troops; efforts to disperse before attack.--When an armed
24 force is called out in aid of the civil authorities, the
25 orders of the civil officer or officers may extend to a
26 direction of the general or specific objects to be
27 accomplished and the duration of service by the Florida
28 National Guard active militia, but the tactical direction of
29 the troops, the kind and extent of force to be used, and the
30 particular means to be employed to accomplish the objects
31 specified by the civil officers, are left solely to the
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1 officers of the Florida National Guard active militia. Every
2 endeavor consistent with the preservation of life and property
3 must be made, both by the civil officers and officers
4 commanding the troops, to induce rioters or persons lawlessly
5 assembled to disperse before an attack is made upon them by
6 which their lives may be endangered.
7 Section 26. Section 250.31, Florida Statutes, is
8 amended to read:
9 250.31 Liability of members of the organized militia;
10 defense of actions or proceedings.--
11 (1) Members of the Florida National Guard organized
12 militia ordered into state the active duty or full-time
13 National Guard duty service of the state or ordered into
14 federal training or duty are shall not be liable, civilly or
15 criminally, for any lawful act or acts done by them in the
16 performance of their duty, while acting in good faith and
17 while acting in the scope of either state or federal duty. For
18 purposes of this section, Florida National Guard personnel
19 serving in any drug interdiction program under the authority
20 of the Governor are shall be considered to be in state the
21 active duty service of the state.
22 (2) In any action or proceeding of any nature, civil
23 or criminal, commenced in any court by any person or by the
24 state against any member of the Florida National Guard
25 organized militia because of any such act done or caused,
26 ordered, or directed to be done, the defendant in such action
27 or proceeding, upon his or her request, shall be defended at
28 the expense of the state by a qualified attorney or attorneys
29 designated by the Department of Legal Affairs. However,
30 nothing in this section does not shall prohibit any such
31
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1 defendant from employing his or her own private counsel at the
2 defendant's own expense.
3 (3) A Such defendant may be ordered to state active
4 duty with full pay and allowances for the such time as his or
5 her presence is required in defense of such actions or
6 proceedings.
7 (4) In any such action or proceeding, if in the event
8 that the plaintiff dismisses shall dismiss his or her suit, or
9 a verdict or judgment in favor of the defendant or defendants
10 is entered, the court shall award costs and reasonable
11 attorney's fees incurred by the state and the defendant in the
12 defense of such action or proceeding.
13 Section 27. Section 250.32, Florida Statutes, is
14 amended to read:
15 250.32 Commanding officer's control of arms
16 sales.--When any part of the militia of Florida is on state in
17 active duty service by the order of the Governor to aid in the
18 enforcement of the laws, the commanding officer of such troops
19 may order the closing of any places where arms, ammunition,
20 dynamite, explosives, or intoxicating liquors, are sold, and
21 may forbid the selling, bartering, lending, or giving away of
22 any of those said commodities in the city, town, or village
23 where the troops are on duty, or in the vicinity of such
24 place, for so long as any of the troops remain on duty in the
25 said vicinity. Such orders shall take effect whether any
26 civil officer has issued a similar order; and the commanding
27 officer of the such troops may continue to enforce the said
28 prohibition in force until the departure of the troops,
29 although the sheriff, mayor, or intendant of the county, city,
30 town, or village may have prescribed an earlier or different
31
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1 date after which such selling, bartering, lending, or giving
2 away may shall be carried on.
3 Section 28. Section 250.33, Florida Statutes, is
4 amended to read:
5 250.33 Powers of commanding officer on state in active
6 duty service.--The commanding officer of troops on state in
7 camp, garrison, or other active duty service may incarcerate
8 and detain, until such person can be turned over to the civil
9 authorities, any person guilty of drunkenness, breach of the
10 peace, or disorderly conduct, within 1 mile of a such camp,
11 garrison, or station. The Such commanding officer may also
12 abate any menace to the health or safety of his or her
13 command, camp, garrison, or station.
14 Section 29. Section 250.34, Florida Statutes, is
15 amended to read:
16 250.34 Injury or death on state in active duty
17 service.--
18 (1) Every member of the Florida National Guard
19 organized militia who is shall be injured or disabled while on
20 state in the active duty must military service of the state
21 under competent orders shall be furnished medical attention
22 and necessary hospitalization at the expense of the state, and
23 must shall be continued in a pay status on state in the active
24 duty service of the state until such time as a board of
25 inquiry, appointed by the Adjutant General, determines may
26 determine that the disability no longer justifies such pay,
27 hospitalization, or medical attention. However,; provided that
28 in no instance will such pay, hospitalization, or medical
29 attention may not be provided for a period extending more than
30 1 year after from the date that the such injury or disability
31 was incurred; and the provided further, that such injury or
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1 disability must have been was incurred in the line of duty,
2 may and not have been due to the misconduct of the such
3 individual who was so injured or disabled, and may not be a
4 preexisting condition as determined by a line of duty board
5 appointed by the Adjutant General.
6 (2) The pay such individual is shall be entitled to
7 receive up to during the period of 1 year after from the date
8 of injury or disability shall be either the full military pay
9 and allowances to which the such individual would be entitled
10 if on full-time state active duty service or the amount of
11 compensation provided under ss. 440.14 [F. S. 1973] and 440.15
12 [F. S. 1973], based on the such individual's average weekly
13 wages in his or her civilian occupation or employment at the
14 time of entry into state active duty service of the state
15 during which such injury arose, whichever amount is greater.
16 If a person receiving pay under this subsection obtains
17 gainful employment, whether part time or full time, the pay
18 that he or she is entitled to under this subsection shall be
19 reduced during the duration of that gainful employment by an
20 amount equal to the amount earned from that gainful
21 employment.
22 (3) After the expiration of 1 year following from the
23 date of injury or disability, such individual shall be
24 provided hospitalization, medical services and supplies, and
25 compensation for wages and compensation for disability based
26 on the average weekly wages of such injured individual on pay
27 status in state the active duty service of the state or in his
28 or her civilian occupation or employment, whichever is
29 greater, in amounts provided under chapter 440 [F. S. 1973],
30 as if such individual were covered under the Workers'
31 Compensation Law, except that payments made during the first
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1 year after the such injury may shall not be duplicated after
2 the expiration of that year. The Division of Risk Management
3 of the Department of Insurance shall process is responsible
4 for processing all claims for benefits under this subsection.
5 The Division of Risk Management shall forward each January, to
6 the Department of Military Affairs, an invoice of the payments
7 and associated legal costs made under this subsection during
8 the prior calendar year. The Department of Military Affairs
9 shall incorporate the amount of the invoice in its annual
10 legislative budget request that begins the following July. The
11 Department of Military Affairs shall reimburse the Division of
12 Risk Management for the invoiced amount upon receipt of the
13 funds.
14 (4) Each Every member of the Florida National Guard
15 organized militia who is shall be killed, or who dies shall
16 die as the result of injuries incurred, while on state in
17 active duty military service of the state under competent
18 orders qualifies shall qualify for benefits as a law
19 enforcement officer pursuant to the provisions of s. 112.19 or
20 any successor statute providing for death benefits for law
21 enforcement officers, and the decedent's survivors or estate
22 are shall be entitled to the death benefits provided in s.
23 112.19 therein. However, nothing in this section does not
24 shall prohibit survivors or the estate of the any such
25 decedent from presenting a claim bill for approval by of the
26 Legislature in addition to the death benefits provided in this
27 section.
28 (5) Benefits may not be provided under this section
29 for any injury or disability incurred by a member of the
30 Florida National Guard organized militia during the period
31
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1 when the member was continued in a pay status on state in the
2 active duty service of the state pursuant to subsection (1).
3 Section 30. Section 250.341, Florida Statutes, is
4 amended to read:
5 250.341 Cancellation of health insurance.--
6 (1) Any health insurance policy, certificate, or
7 evidence of health coverage, which was in effect on April 30,
8 1991, or which is issued or renewed after such date that
9 provides coverage to a member of the Florida National Guard,
10 or a member of any branch of the United States military
11 reserves who is a resident of this state, called to active
12 duty or state active military duty, must:
13 (a)(1) Continue all coverages that which were in
14 effect for the person, or the person's dependents covered by
15 the same policy, at the premium in effect for all insured
16 under the same contract, unless the employee or insured
17 requests coverage changes that which might alter the premium
18 he or she was paying prior to such activation during the time
19 he or she serves on active duty.
20 (b)(2) Reinstate the coverage for any such person who
21 elects not to continue it while on active duty or state active
22 duty, at the person's request upon return from active duty or
23 state active duty, without a waiting period or
24 disqualification for any condition that which existed at the
25 time he or she was called to active duty or state active duty.
26 Such reinstatement must be requested within 30 days after
27 returning to work with the same employer or within 60 days if
28 the policy is an individual policy.
29 (2)(3) Any coverage available to the insured
30 employee's dependent under any insurance sponsored by the
31
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1 Department of Defense must the CHAMPUS program will be
2 considered in the payment of any benefits.
3 (3)(4) The employee or other appropriate military
4 authority must notify his or her employer of his or her
5 reserve or National Guard status and the employee's intent to
6 invoke the provisions of subsection (1) subsections (1) and
7 (2) prior to leaving his or her employer to report for active
8 duty or state active military duty. Prior notice to the
9 employer is not required if such notice is precluded by
10 military necessity or if such notice is impossible or
11 unreasonable.
12 (4)(5) Nothing in This section does not is intended to
13 require an employee group health insurance policy to provide
14 coverage to a person serving on state active military duty.
15 Section 31. Section 250.35, Florida Statutes, is
16 amended to read:
17 250.35 Courts-martial.--
18 (1) The Uniform Code of Military Justice, 10 U.S.C.
19 ss. 801 et seq., and the 1984 Manual for Courts-Martial, (2002
20 Edition) as amended to January 1, 1992, are hereby adopted for
21 use by the organized militia and the Florida National Guard,
22 except as otherwise provided by this chapter.
23 (2) Courts-martial may try any member of the organized
24 militia or the Florida National Guard for any crime or offense
25 made punishable by the Uniform Code of Military Justice (2002
26 Edition) as of January 1, 1992, except that a commissioned
27 officer, warrant officer, or cadet may not be tried by summary
28 courts-martial.
29 (3) Courts-martial in the state shall be of three
30 kinds, namely: general courts-martial, special courts-martial,
31 and summary courts-martial. General courts-martial and special
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1 courts-martial shall be tried by a military judge and a panel
2 of officers and noncommissioned officers as designated in
3 applicable National Guard regulations. However, a panel may
4 include enlisted members, at the request of an enlisted
5 defendant. The military judge must shall be qualified by
6 attendance at appropriate Judge Advocate General schools and
7 must shall be certified as qualified by the Adjutant General
8 of Florida. In a general and special court-martial, the
9 defendant may waive trial by panel and request trial by
10 military judge alone. The granting of such waiver shall be in
11 the military judge's discretion.
12 (4) General courts-martial in the Florida National
13 Guard may be convened by order of the President of the United
14 States, the Governor, or the Adjutant General as delegated by
15 the Governor, and such courts may shall have the power to
16 adjudge a fine not exceeding $500, confinement not in excess
17 of 200 days;, forfeiture of all pay and allowances;,
18 reprimand, dismissal, or dishonorable discharge from the
19 service;, and reduction to the lowest enlisted grade or any
20 intermediate grade for enlisted personnel. Any two or more of
21 such punishments may be combined in the sentence herein
22 authorized in this section to be adjudged by such courts.
23 (5) When not in the active service of the United
24 States, the commanding officer of each major command of the
25 Florida National Guard or his or her superior commander may
26 convene a special courts-martial court-martial empowered to
27 adjudicate a bad conduct discharge from the service for that
28 command, subject to the procedural protections provided in 10
29 U.S.C. s. 819. Special courts-martial with bad conduct
30 discharge authority shall have the same powers of punishment
31 as do general courts-martial, except that fines adjudged by
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1 such special courts-martial may shall not exceed $300 and
2 confinement may not exceed 100 days. Special courts-martial
3 with bad conduct discharge authority may shall specifically
4 have the authority to adjudicate dismissal or a bad conduct
5 discharge from the service, but may not adjudicate a dismissal
6 or dishonorable discharge from the service.
7 (6) When not in the active service of the United
8 States, the commanding officer of each garrison, fort, post,
9 camp, air base, auxiliary air base, any other place where
10 troops are on duty, division, brigade, group, regiment,
11 battalion, wing, or squadron may convene special
12 courts-martial for his or her command; but such special
13 courts-martial may in any case be convened by superior
14 commanders when by the latter deemed advisable. Special
15 courts-martial shall have the same powers of punishment as do
16 general courts-martial, except that fines adjudged by such
17 special courts-martial may shall not exceed $300 and
18 confinement may not exceed 100 days, and dismissal or
19 discharge from the service may not be adjudicated.
20 (7) When not in the active service of the United
21 States, the commanding officer of each battalion, higher
22 headquarters, or similar type unit may convene summary
23 courts-martial for such place or command. Any person who may
24 convene a general court-martial or special court-martial may
25 convene a summary court-martial. A Summary courts-martial may
26 court shall have the power to adjudge a fine not in excess of
27 $200 per offense, confinement not in excess of 25 days per
28 court-martial, forfeiture of pay and allowances, and reduction
29 by one grade per court-martial of members whom the convening
30 authority had the authority to promote to their present grade.
31 Any two or more of such punishments may be combined in the
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1 sentence authorized to be imposed by such courts, except that
2 confinement may not be combined with a fine.
3 (8) When not in the active service of the United
4 States, commanders may impose nonjudicial punishment in
5 accordance with 10 U.S.C. s. 815, except that punishment may
6 not exceed:
7 (a) Oral or written reprimand.
8 (b) Extra duty for 14 days.
9 (c) Restriction for 14 days.
10 (d) Fines of $200.
11 (e) Reduction by one grade of a member whom the
12 commander had the authority to promote.
13 (f) Any combination of paragraphs (a)-(e), except that
14 a combination of punishment imposed under paragraphs (b) and
15 (c) may not exceed 14 days.
16 (9) A finding of guilt and the sentence of a summary
17 court-martial may be appealed to the convening authority. If a
18 sentence of imprisonment has been adjudged, the findings and
19 sentence may be appealed to the Adjutant General.
20 (10)(9)(a) A finding of guilt and the sentence of a
21 court-martial convened under this chapter, as approved by the
22 convening authority and the Adjutant General if a sentence of
23 imprisonment has been adjudged, may be appealed to the First
24 District Court of Appeal for the district in which the
25 court-martial was held.
26 (b) Any dismissal of a general or special
27 court-martial by the military judge which that does not
28 violate the defendant's constitutional rights may be appealed
29 by the Florida National Guard to the First District Court of
30 Appeal for the district in which said court-martial was held.
31
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1 (10) A finding of guilt and the sentence of a summary
2 court-martial may be appealed to the convening authority. In
3 cases where a sentence of imprisonment has been adjudged the
4 findings and sentence may be appealed to the Adjutant General.
5 (11) When the Florida National Guard is not in the
6 active service of the United States, a sentence of dismissal
7 from the service or dishonorable discharge from the service
8 same, imposed by court-martial, may shall not be executed
9 until approved by the Governor.
10 Section 32. Section 250.351, Florida Statutes, is
11 created to read:
12 250.351 Court-martial; jurisdiction.--
13 (1) Members of the Florida National Guard are subject
14 to this chapter and the Uniform Code of Military Justice at
15 all times during their enlistment or appointment, whether
16 serving in this state or outside the state.
17 (2) A court-martial or court of inquiry may be
18 convened and held in a unit of the Florida National Guard
19 serving outside the state, and the court has the same
20 jurisdiction and powers as if the court-martial or court of
21 inquiry were held within the state. An offense committed
22 outside the state may be tried and punished outside the state
23 or within the state.
24 Section 33. Section 250.36, Florida Statutes, is
25 amended to read:
26 250.36 Mandates and process.--
27 (1) Military courts may issue all process and
28 mandates, including writs, warrants, and subpoenas, necessary
29 and proper to carry out into full effect the powers vested in
30 the said courts. Such mandates and process may be directed to
31 the sheriff of any county and must shall be in the such form
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1 as may, from time to time, be prescribed and published by the
2 Adjutant General in the rules and regulations issued by him or
3 her under this chapter. All officers to whom such mandates
4 and process are directed must shall execute the same and make
5 returns of their acts thereunder, according to the
6 requirements of the form of process. Any sheriff or other
7 officer who neglects or refuses shall neglect or refuse to
8 perform the duty enjoined upon him or her by this chapter is
9 shall be subject to the same liabilities, penalties, and
10 punishments as are prescribed by the law for neglect or
11 refusal to perform any other duty of his or her office.
12 (2) When not in the active service of the United
13 States, the Adjutant General, or his or her designee, or a and
14 military judge judges of the Florida National Guard may issue
15 a pretrial confinement warrant for the purpose of securing the
16 presence of an accused at trial. The warrant must be directed
17 to the sheriff of the county, directing the sheriff to arrest
18 the accused and bring the accused before the court for trial
19 if the accused has disobeyed an order in writing to appear
20 before the court which was delivered to the accused in person
21 or mailed to the accused's last known address, along with a
22 copy of the charges. Pretrial confinement may not exceed 48
23 hours. However, the Adjutant General or military judge may
24 extend pretrial confinement for not more than 15 days in order
25 to facilitate the presence of the accused at trial. For
26 purposes of this subsection, the term "military judge" does
27 not include a summary court-martial officer who is not
28 qualified to act as a military judge in general or special
29 courts-martial.:
30 (a) Execute a pretrial confinement warrant directing
31 the sheriff of any county to hold an accused who has failed to
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1 appear for court-martial for a period of 48 hours. The
2 Adjutant General may extend such pretrial confinement for a
3 period not to exceed 15 days;
4 (b) Issue subpoenas and subpoenas duces tecum and
5 enforce by attachment the attendance of witnesses and the
6 production of books and papers; and
7 (c) Sentence for a refusal to be sworn or to answer as
8 provided in actions before civil courts.
9
10 Such warrants, subpoenas, and other process shall run
11 throughout the state as in the trial of civil actions in the
12 circuit courts of the state.
13 (3) When not in the active service of the United
14 States, the Adjutant General, or his or her designee, or a
15 military judge of the Florida National Guard may issue
16 subpoenas and subpoenas duces tecum and enforce by attachment
17 the attendance of witnesses and the production of documents
18 and other items of evidentiary value. The Adjutant General or
19 military judge may issue warrants, directed to the sheriff of
20 any county in the state, directing the sheriff to arrest the
21 accused and to bring the accused before the court for trial
22 whenever any such accused shall have disobeyed an order in
23 writing, such order having been delivered to the accused in
24 person or mailed to the accused's last known address from the
25 convening authority to appear before such courts, a copy of
26 the charges having been delivered to the accused with such
27 orders.
28 (4) When a sentence of confinement is imposed by any
29 court-martial of the Florida National Guard, the Adjutant
30 General or his or her the Adjutant General's designee whose
31 approval makes effective the sentence imposed by the
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1 court-martial shall issue a his or her warrant directing the
2 sheriff of the appropriate county to take the convicted person
3 delinquent into custody and confine him or her in the jail of
4 such county for the period specified in the sentence of the
5 court. Any sheriff receiving such warrant must shall promptly
6 execute the warrant same by taking the convicted person
7 delinquent into custody and confining causing him or her to be
8 confined in said jail. The sheriff or jailer in charge of any
9 county jail shall receive any person committed for confinement
10 in such jail under proper process from a court-martial, and
11 provide for the care, subsistence, and safekeeping of such
12 prisoner just as the sheriff or jailer would a prisoner
13 properly committed for custody under the sentence of any civil
14 court.
15 (5) All sums of money collected through fines adjudged
16 by a general, special, or summary court-martial or through the
17 imposition of nonjudicial punishment, of the Florida National
18 Guard shall be paid over at once by the officer collecting the
19 fine to the commanding officer of the organization to which
20 the member belongs and be deposited in accordance with s.
21 250.40(5)(c)1. s. 250.40(6)(a)1.
22 Section 34. Section 250.37, Florida Statutes, is
23 amended to read:
24 250.37 Expenses of courts-martial.--
25 (1) All expenses incurred in a court-martial
26 proceeding, including the payment of court reporters,
27 sheriff's fees for service of warrants, summons, subpoenas,
28 and all other necessary and lawful fees to civil officers for
29 service, and witness fees at the same rate allowed by law in
30 criminal cases, together with the pay, subsistence, and
31 necessary expenses of the members of the court, shall, except
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1 as provided in subsection (4) below, be paid by the state in
2 the usual manner upon the approval of the Governor. Members of
3 the court are entitled to reimbursement shall be reimbursed
4 for travel expenses as provided in s. 112.061. Courts-martial
5 may subpoena any witness residing within the state to appear
6 and testify before it, and the sheriff of any county upon
7 receiving any subpoena issued by direction of a court-martial,
8 and signed by the military judge or president thereof or
9 summary court officer, shall make service and return of
10 service as provided by law in criminal cases.
11 (2) The employment of a court reporter shall be
12 authorized by the convening authority for all general
13 courts-martial, and may be authorized by the convening
14 authority for special courts-martial. When a court reporter is
15 employed, he or she shall be paid upon the certificate of the
16 military judge or president of the court and the approval of
17 the Adjutant General from the military appropriation, such
18 fees as are provided for official reporters.
19 (3) Fees for the service of all process issuing out of
20 military courts and for the attendance of witnesses to attend
21 such courts shall be the same as provided by law for the
22 service of similar process issued by the civil courts of the
23 state.
24 (4) In trials by summary court, the sheriff's costs
25 and fees, including costs of subsistence of the soldier or
26 soldiers, if sentenced to confinement, shall be paid by the
27 county in which the summary court convenes and exercises its
28 jurisdiction and powers. Such costs, fees, and subsistence
29 charges to be made from the fine and forfeiture fund of any
30 such county.
31
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1 Section 35. Section 250.375, Florida Statutes, is
2 amended to read:
3 250.375 Medical officer authorization.--Physicians who
4 hold an active license to practice medicine in any other state
5 or Puerto Rico, while serving in Florida as medical officers
6 in the Florida National Guard, pursuant to federal or state
7 orders, are expressly authorized to practice medicine in
8 Florida on military personnel or civilians during an
9 emergency, declared disaster, or during federal military
10 training.
11 Section 36. Section 250.38, Florida Statutes, is
12 amended to read:
13 250.38 Liability.--An No action or proceeding may not
14 shall be prosecuted or maintained against a member of a the
15 military court or officer or person acting under its authority
16 or reviewing its proceeding, on account of the approval, or
17 imposition, or execution of any sentence; or the imposition or
18 collection of a fine or penalty;, or the execution of any
19 warrant, writ, execution, process, or mandate of any military
20 court. The jurisdiction of the courts and boards established
21 by this chapter is the code shall be presumed, and the burden
22 of proof rests will rest upon any person seeking to divest
23 oust such courts or boards of jurisdiction in any action or
24 proceeding.
25 Section 37. Section 250.39, Florida Statutes, is
26 amended to read:
27 250.39 Penalty for contempt.--A Any person may not use
28 who shall be guilty of disorderly, contemptuous, or indecorous
29 language or expression to or before any military court, or any
30 member of such court, in open court, tending to interrupt its
31 proceedings, or to impair the respect due its authority,
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1 commit or who shall commit any breach of the peace, or make
2 any noises or other disturbances, directly tending to
3 interrupt its proceedings. After hearing before the military
4 judge, any person who is found to have violated this
5 subsection may be committed by warrant by under the hand of
6 the Adjutant General or a military judge for not more than 30
7 days to the jail of the county in which the said court sits
8 shall sit, or may be fined up to $100 per offense there to
9 remain without bail in confinement for a time to be limited,
10 not exceeding 3 days. For purposes of this subsection, a
11 summary court-martial officer who is not qualified to act as a
12 military judge in general or special courts-martial may
13 conduct the contempt hearing and adjudicate a fine, but may
14 not issue a warrant for confinement.
15 Section 38. Section 250.40, Florida Statutes, is
16 amended to read:
17 250.40 Armory Board; creation; membership, terms, and
18 compensation; duties and responsibilities armories, how
19 obtained.--
20 (1) There is created an The Armory Board, which is
21 charged with the supervision and control of all Florida
22 National Guard armories, facilities, and real property within
23 the state used for military purposes.
24 (2)(a) Voting members of the Armory Board include of
25 the state shall consist of the Governor as Commander in Chief
26 and chair of the board, the Adjutant General as vice chair,
27 the Assistant Adjutants General, the state quartermaster, and
28 major command commanders reporting directly to the Adjutant
29 General, in the active Florida National Guard of the state. If
30 necessary due to exigencies of military duty, any member of
31 the board may delegate his or her deputy commander to attend
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1 the meetings as an alternate member with voting privileges.
2 This board is charged with the supervision and control of all
3 military buildings and real property within the state applied
4 to military uses.
5 (b) The Governor may appoint one representative from
6 his or her staff to attend meetings of the Armory Board. The
7 appointee shall serve as a nonvoting advisory member and
8 liaison to the board.
9 (c) The State Quartermaster shall act as the recorder
10 and secretary of the Armory Board. In addition, the State
11 Quartermaster shall execute the policy, decisions, and
12 official actions of the board. When the board is in recess,
13 the State Quartermaster shall conduct the day-to-day business
14 of the board. The State Quartermaster and his or her staff are
15 not liable, civilly or criminally, for any lawful act done by
16 them in the performance of their duty, while acting in good
17 faith, and while acting in the scope of either state or
18 federal duty.
19 (3)(2) The term of each member of the Armory Board is
20 shall be the period during which the member possesses the
21 qualifications for such membership under the provisions of
22 subsection (1) of this section.
23 (4)(3) The members of the Armory Board must shall
24 perform the duties imposed upon them by the provisions of this
25 chapter without any special compensation for their services;
26 however, members of the Armory Board are eligible for
27 reimbursement shall be reimbursed for travel expenses as
28 provided in s. 112.061, and such expenses must shall be paid
29 from the expense appropriation from the Department of Military
30 Affairs for the expenses of the Florida National Guard.
31 (5)(4) The Armory Board must:
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1 (a) Supervise and control all Florida National Guard
2 armories, military buildings, and real property within the
3 state used for military purposes. It shall be the duty of the
4 Armory Board to consider
5 (b) Consider and approve the plans for or of all
6 armories and other buildings before such buildings are rented,
7 constructed, or otherwise acquired for military purposes uses
8 by the state.
9 (c)(5) Receive from counties, municipalities, and
10 other sources donations of land, services, or money to aid in
11 providing, operating, improving, and maintaining armories and
12 other facilities used for military purposes. The Since our
13 national military policy recognizes the Florida as enunciated
14 in the National Defense Act recognized the National Guard as
15 an important and necessary component of the United States Army
16 and Air Force, and a member of the total force, sharing in the
17 defense of the country. The Florida National Guard is
18 available to assist the state and local governments in the
19 event of an emergency. Therefore, it is reasonable and
20 equitable that the expense of maintaining the Florida National
21 Guard be shared by the federal, state, and local governments.
22 Army of the United States, and as the defense of the country
23 is a joint responsibility of all political divisions and
24 subdivisions thereof, and since the National Guard is a
25 citizen force by reason of its militia status, it is
26 considered equitable that the expense of the maintenance of
27 the National Guard be not only shared by the state with the
28 Federal Government, but that it should properly be shared also
29 by the counties, cities, and other subdivisions of the state.
30 As the Federal Government is providing liberally for the
31 equipment and training of the Florida National Guard and the
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1 state for its administration, and management, and maintenance,
2 local governments are encouraged to provide services at no
3 cost to Florida National Guard armories. an equitable division
4 of the responsibility of maintenance would leave with the
5 communities in which units of the National Guard are
6 established the duty of supplying the necessary personnel and
7 adequate housing for the organization.
8 (6) In order to provide for the cooperative support of
9 the National Guard, and in order that armories may be provided
10 which will furnish suitable training facilities and adequate
11 storage accommodations for all arms, equipment, and other
12 military property, the Armory Board is authorized to receive,
13 from counties, municipalities, and other sources, donations of
14 land and contributions of money to aid in providing,
15 improving, and maintaining arsenals, armories, campsites,
16 target ranges, and other facilities throughout the state.
17 (a)1. Any contributions of money so donated, any
18 moneys derived from the rental of armories and other
19 facilities, any money derived from the rental of billeting
20 operations at Camp Blanding Training Site, the
21 armory-operations maintenance allowances provided in s.
22 250.20, and all sums of money collected through fines imposed
23 by a court-martial or nonjudicial proceeding a general,
24 special, or summary court of the Florida National Guard, as
25 provided in s. 250.36(5), shall be received on behalf of the
26 Armory Board by the post commander commanding officer of such
27 facility and must shall be deposited into a federal
28 depository, approved by the Department of Military Affairs, in
29 an account in a banking institution in the county in which
30 such facility is located.
31
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1 2. The funds so received shall be disbursed for the
2 purposes enumerated in this subsection at the discretion of
3 the post commander council according to rules and regulations
4 established by the Armory Board. The post council shall be
5 made up of such members as are designated in the rules and
6 regulations of the Armory Board; and the council is authorized
7 to employ personnel to perform such functions as bookkeeping,
8 maintenance, and janitorial services.
9 3.(b) Any real property so donated shall be held as
10 other property for the use by of the state, and such counties
11 and municipalities may are authorized and empowered to make
12 such donations of lands by deed or long-term lease and
13 contributions of moneys for the purposes herein set forth in
14 this section, and may to issue bonds or certificates of
15 indebtedness to provide funds for such purposes.; and Boards
16 of county commissioners may are authorized to levy taxes, not
17 to exceed 1 mill, to provide funds for the construction of
18 armories or for the retirement of such bonds or certificates
19 of indebtedness issued to provide funds for the construction
20 of armories.
21 (7) Counties and municipalities may are authorized to
22 construct armories upon state-owned land, which may be made
23 available for such purpose by action of the Armory Board.
24 (8) Counties and municipalities may are also
25 authorized to grant to the State Armory Board, for military
26 uses, by deed or long-term leases, property that is may have
27 been acquired, or buildings that are may have been constructed
28 for military purposes. Each local government is encouraged to
29 provide economic incentives to reduce the cost of locating
30 Florida National Guard facilities in its jurisdiction. A local
31 government may appropriate funds to pay expenses of the
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1 Florida National Guard unit in its jurisdiction. Such funds
2 will be received, accounted for, and dispersed as other funds
3 received by the unit. by them, for use as armories and rifle
4 ranges.
5 (d)(9) Exercise the right of eminent domain to acquire
6 private property for armories, buildings, and other facilities
7 needed for military purposes, when in the public interest.
8 Whenever it becomes necessary in the public interest to
9 acquire private property in order to provide necessary land
10 for campgrounds, rifle ranges, or armories for the organized
11 militia of the state, and the property same cannot be acquired
12 by agreement satisfactory to the Armory Board and the parties
13 interested in, or the owners of, the such private property,
14 the armory board is authorized and empowered to exercise the
15 right of eminent domain may be used and to proceed to condemn
16 such property in the manner provided by law. Any suit or
17 action brought by the Armory Board to condemn property, as
18 provided for under this section, shall be brought in the name
19 of the Armory Board; and it shall be the duty of the
20 Department of Legal Affairs shall of the state to conduct the
21 proceedings for and to act as the counsel of the board in such
22 matters.
23 (e) Accept and hold title to real property, by deed or
24 long-term lease, from federal, state, or local governments, or
25 from private interests, for use as armories or for other
26 military purposes.
27 (f) Adopt rules for managing armories and other
28 facilities under the control of the Department of Military
29 Affairs. The rules must ensure that federal and state military
30 property is secure. Each unit commander shall provide for the
31 safekeeping, accountability, and proper care of such property
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1 and for its protection against misappropriation or loss. An
2 armory, while it is occupied and in use by troops, is a
3 military post and must be under the control and jurisdiction
4 of the post commander. A building that is not under the
5 control and supervision of the post commander or other
6 properly constituted military authority may not be used to
7 house or train troops or to store military property.
8 (g) Supervise, manage, and maintain any permanent
9 structures or facilities used for military purposes which are
10 the property of the Department of Military Affairs or, if
11 property of the United States, are provided to the Department
12 of Military Affairs for military purposes. The Armory Board
13 may provide for the maintenance and care of armories and other
14 state facilities used for military purposes from any funds
15 that are available for that purpose. All moneys accruing to
16 the Armory Board from the operation, management, and sale of
17 properties or facilities as authorized in this paragraph may
18 be used for maintaining state properties under the control of
19 the Armory Board.
20 (h) Convey, lease, or re-lease any real property under
21 its ownership, supervision, or control which is no longer
22 required for military purposes.
23 (i) Acquire, renovate, or construct armories needed
24 for military purposes throughout the state.
25 (j) Enter into a lease-purchase, sale-leaseback, or
26 tax-exempt leveraged lease contract or other financing
27 arrangement for acquiring, renovating, or constructing needed
28 facilities, subject to authorization by an appropriations act.
29 Each capital outlay project or other contract, agreement, or
30 transaction authorized under this paragraph must be
31 specifically approved by the Legislature.
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1 (k) Report annually to the Adjutant General on the
2 proceedings incident to locating and managing armories and on
3 the management of other property entrusted to the care of the
4 Armory Board. The report must include a detailed account of
5 all disbursements and be made a part of the annual report of
6 the Department of Military Affairs.
7 (10) The county commissioners, or municipal
8 authorities, may, in their discretion, appropriate a
9 sufficient sum, not otherwise appropriated, to pay the
10 necessary expenses of any unit of the organized militia of the
11 state located in their respective counties or municipalities,
12 to be accounted for to the Adjutant General by the
13 organization receiving such appropriation as other military
14 funds.
15 Section 39. Section 250.43, Florida Statutes, is
16 amended to read:
17 250.43 Wearing of uniform and insignia of rank;
18 penalty.--
19 (1) The uniform or insignia of rank worn by officers
20 of the Florida National Guard shall be worn only by persons
21 entitled thereto by commission under the laws of the state or
22 the United States. Any person violating any provision of this
23 subsection commits section shall be guilty of a misdemeanor of
24 the first second degree, punishable as provided in s. 775.082
25 or s. 775.083, and may also be punished as a court-martial
26 directs.
27 (2) Every person other than an officer or enlisted
28 person of the Florida National Guard, naval militia, or marine
29 corps of this state, or any other state, Puerto Rico, or the
30 District of Columbia, or of the United States Army, Navy,
31 Marine Corps, or Air Force, or Revenue Service, who wears the
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1 uniform of the United States Army, Navy, Marine Corps, Air
2 Force Forces, or Revenue Service, or National Guard, Air
3 National Guard, Naval Militia, or Marine Corps or any part of
4 such uniform, or a uniform or part of uniform similar thereto,
5 or in imitation thereof, within the bounds of the state,
6 except in cases where the wearing of such uniform is permitted
7 by the laws of the United States and the regulations of the
8 Secretary of Defense, commits a misdemeanor of the first
9 second degree, punishable as provided in s. 775.082 or s.
10 775.083. Nothing in This section does not prohibit chapter
11 shall be construed as prohibiting persons in the theatrical
12 profession from wearing such uniforms while actually engaged
13 in such profession, in any playhouse or theater, in a
14 production in no way reflecting upon such uniform; does not
15 and provided, that nothing in this chapter shall prohibit the
16 uniform rank of civic societies parading or traveling in a
17 body or assembling in a lodge room; and does provided further,
18 that this section shall not apply to cadets of any military
19 school or to Boy Scouts or Girl Scouts.
20 Section 40. Section 250.44, Florida Statutes, is
21 amended to read:
22 250.44 Military equipment regulations; penalties.--
23 (1) Any person who sells shall sell, offers or offer
24 for sale, barters, exchanges barter or exchange, pledges
25 pledge, loans, gives loan or give away, secretes secrete, or
26 retains retain after demand is made by civil or military
27 officers of the state, any clothing, arms, military outfits or
28 property accouterments, furnished by or through the state to
29 any member of the militia, or who receives shall receive by
30 purchase, barter, exchange, pledge, loan, or gift, any such
31 clothing, arms, military outfits or property commits theft as
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1 provided in chapter 812 accouterments, shall be guilty of a
2 misdemeanor of the second degree, punishable as provided in s.
3 775.082 or s. 775.083.
4 (2) All members personnel in the military service of
5 the Florida National Guard who, due to their military
6 responsibilities, to whom shall have been entrusted any
7 military property, must account for such property according to
8 applicable by reason of their being in such military service,
9 shall account for the same to the proper military authority in
10 accordance with the rules and regulations or special orders
11 made by superior authority. Such in reference to the same, and
12 such military property may shall not be removed without proper
13 authority. Any person who fails beyond the limits of the
14 county in which the post is located without authority of the
15 Adjutant General, and any person, whether in the military
16 service or not, or whether the person's enlistment or
17 appointment shall have expired or not, who shall fail to
18 account for or return to proper military authority any
19 property in that which shall have come into the person's
20 possession to which the state military authorities are may be
21 entitled, or who conceals shall conceal or converts the
22 property convert the same to the person's own use, commits
23 theft as provided in chapter 812 or remove the same from the
24 county in which the same came into the person's possession,
25 commits a misdemeanor of the second degree, punishable as
26 provided in s. 775.082 or s. 775.083. Any prosecution had
27 under the provisions of this section may be abated upon making
28 full satisfaction being made for such property to the military
29 authorities of the state and paying the payment of all court
30 costs resulting from the accruing by reason of the institution
31 of any such prosecution.
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1 (3) The clothing, arms, military outfits, and property
2 accouterments, furnished by or through the state to any member
3 of the militia, may shall not be sold, bartered, loaned,
4 exchanged, pledged, or given away. A, and no person who is not
5 a member of the military forces of this state or the United
6 States, or an duly authorized agent of this state or the
7 United States, who possesses has possession of such clothing,
8 arms, military outfits, or property that is unlawfully
9 disposed of has no accouterments so furnished, and which have
10 been subject to any such unlawful disposition, shall have any
11 right, title, or interest therein, and the clothing, arms,
12 military outfits, or property but the same shall be seized and
13 taken wherever found by any civil or military officer of the
14 state, and shall thereupon be delivered to any commanding
15 officer, or other authorized officer authorized to receive the
16 same, who must shall make an immediate report to the Adjutant
17 General. The possession of any such clothing, arms, military
18 outfits, or property accouterments by any person not a member
19 of the military forces of this state, or any other state, or
20 of the United States, is shall be presumptive evidence of such
21 sale, barter, loan, exchange, pledge, or gift and is
22 punishable as provided in chapter 812.
23 Section 41. Section 250.45, Florida Statutes, is
24 amended to read:
25 250.45 Military uniform discriminated against;
26 penalty.--Any proprietor, manager, or employee of any theater
27 or other public place of entertainment or amusement within
28 this state, who discriminates shall discriminate against any
29 person lawfully wearing the uniform of any branch of the
30 military or naval service of the United States or of the
31 state, because of that uniform, commits shall be guilty of a
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1 misdemeanor of the first second degree, punishable as provided
2 in s. 775.082 or s. 775.083.
3 Section 42. Section 250.46, Florida Statutes, is
4 amended to read:
5 250.46 Salaried employees not entitled to additional
6 pay.--Officers and enlisted personnel of the Florida National
7 Guard militia employed by the Department of Military Affairs,
8 who receive monthly salaries from the state for military
9 duties, are shall not be entitled to any other pay from the
10 state for military service of any character. However,;
11 provided, that the provisions of this section does shall not
12 prohibit any officer or enlisted person from receiving pay
13 from the United States for participation in maneuvers, camps,
14 field service, or other service or duty.
15 Section 43. Section 250.47, Florida Statutes, is
16 amended to read:
17 250.47 Governor's permission for unit to leave
18 state.--A No unit of the Florida National Guard may not leave
19 shall go out of the state without first securing permission of
20 the Governor.
21 Section 44. Section 250.48, Florida Statutes, is
22 amended to read:
23 250.48 Leaves of absence.--Any officer or employee of
24 the state, of any county or school district of the state, or
25 of any municipality or political subdivision of the state who
26 is a member of the Florida National Guard is entitled to leave
27 of absence from his or her respective duties, without loss of
28 pay, time, or efficiency rating, on all days during which the
29 officer or employee is engaged in active state duty for a
30 named event, declared disaster, or operation, pursuant to s.
31 250.28 or s. 252.36. However, a leave of absence without loss
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1 of pay, granted under the provisions of this section, may not
2 exceed 30 days for each emergency or disaster, as established
3 by executive order at any one time.
4 Section 45. Section 250.481, Florida Statutes, is
5 amended to read:
6 250.481 Reserve components; employment discrimination
7 prohibited.--Any person who seeks or holds an employment
8 position may shall not be denied employment or retention in
9 employment, or any promotion or advantage of employment,
10 because of any obligation as a member of a reserve component
11 of the Armed Forces.
12 Section 46. Section 250.482, Florida Statutes, is
13 amended to read:
14 250.482 Troops ordered into state active service; not
15 to be penalized by employers and postsecondary institutions.--
16 (1) If In the event that a member of the Florida
17 National Guard is ordered into state active duty service
18 pursuant to this chapter, a no private or public employer, or
19 an and no employing or appointing authority of this state, its
20 counties, school districts, municipalities, political
21 subdivisions, vocational or technical schools, community
22 colleges, or universities, may not shall discharge, reprimand,
23 or in any other way penalize such member because of his or her
24 absence by reason of state active duty.
25 (2) If the Adjutant General certifies that there is
26 probable cause to believe there has been a violation of this
27 section, an employee who has been employed for a period of at
28 least 1 year prior to being ordered into state active duty
29 service so injured by a violation of this section may bring
30 civil action against an employer violating the provisions of
31 this section in a court of competent jurisdiction of the
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1 county in which the alleged violator resides or has his or her
2 principal place of business, or in the county wherein the
3 alleged violation occurred. Upon adverse adjudication, the
4 defendant is shall be liable for actual damages or $500,
5 whichever is greater. The prevailing party in any litigation
6 proceedings is shall be entitled to recover their reasonable
7 attorney's fees and reasonable court costs.
8 (3) The certification of probable cause may not be
9 issued until the Adjutant General, or his or her designee, has
10 investigated the issues. All employers and other personnel
11 involved with the issues of such investigation must cooperate
12 with the Adjutant General in the investigation.
13 Section 47. Section 250.49, Florida Statutes, is
14 amended to read:
15 250.49 Annual encampment.--Subject to the restrictions
16 of federal law the National Defense Act, the Governor may
17 annually order into service the whole, or any such portion of
18 the Florida National Guard. as the Governor may deem proper;
19 The period of such service shall to be fixed by the Governor,
20 subject to the restrictions mentioned above. When so ordered
21 onto state active duty into the service of the state, and if
22 such rations are not furnished by the United States
23 Government, the state must shall furnish rations for the
24 officers and enlisted personnel of the same quality as the
25 rations furnished by the regular army, and must pay the such
26 expenses of the said encampment as the Governor considers may
27 deem proper, including the travel expenses of officers and
28 enlisted personnel incurred in obeying such orders, when such
29 expenses are not paid by the Government of the United States.
30 Section 48. Section 250.51, Florida Statutes, is
31 amended to read:
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1 250.51 Insult to troops; penalty.--When troops of the
2 Florida National Guard organized militia of the state are at
3 drill in their respective armories, on the streets, public
4 roads, or other places, where such drills are conducted or
5 when they are performing other duties required of them by the
6 state or the United States, a it is unlawful for any person
7 may not to make any disloyal or insulting remark either to or
8 about the said troops or to make any sign, motion, or gesture
9 calculated to insult or humiliate the said troops., and Any
10 person who makes a found guilty of making any such disloyal or
11 insulting remark, or who makes of making any such sign,
12 motion, or gesture, for the purpose and in the manner
13 prohibited in this section as aforesaid, commits shall be
14 guilty of a misdemeanor of the first second degree, punishable
15 as provided in s. 775.082 or s. 775.083.
16 Section 49. Section 250.52, Florida Statutes, is
17 amended to read:
18 250.52 Unlawful to persuade citizens not to enlist;
19 penalty.--Whenever the United States is at war, or our foreign
20 relations tend to indicate an impending war or state of war, a
21 it is unlawful for any person may not or persons to solicit or
22 persuade a citizen or citizens of the United States not to
23 enlist or serve in the Army, Air Force, Marine Corps, Coast
24 Guard, or Navy thereof, or in any reserve component thereof,
25 or in the Florida National Guard or active militia of the
26 state, or to publicly attempt to dissuade any such citizen or
27 citizens from so enlisting.; the provisions of This section
28 does chapter shall not apply to the such soliciting or
29 persuading done by any person related by affinity or
30 consanguinity to the person solicited or persuaded or whose
31 advice is requested by the person solicited or persuaded. Any
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1 person who violates adjudged guilty of a violation of this
2 section commits shall be guilty of a misdemeanor of the first
3 second degree, punishable as provided in s. 775.082 or s.
4 775.083.
5 Section 50. Section 250.5201, Florida Statutes, is
6 amended to read:
7 250.5201 Stay of proceedings where troops called out
8 into state active duty or active duty service.--
9 (1) Any civil action or proceeding in any court which
10 involves a person called out into state active duty service as
11 defined in subsection (3) may be stayed by the court during
12 such service and for a period thereafter not exceeding 30
13 days.
14 (2) The stay may be granted by the court on its own
15 motion, and shall be granted upon the motion of a plaintiff or
16 defendant unless, in the opinion of the court, the ability to
17 prosecute or defend the action is not materially affected by
18 reason of the movant's state active duty service.
19 (3) Notwithstanding the definition in s. 250.01 s.
20 250.27, "state active duty or active duty service" as used in
21 ss. 250.5201-250.5205 is limited to service that exceeds 17
22 days and that is ordered by the Governor for the enforcement
23 of the law, the preservation of the peace, the security of the
24 rights or lives of citizens, or protection of the property.
25 (4) Before a soldier is shall be entitled to any of
26 the provisions of this section, that soldier must shall
27 furnish to the affected creditor, landlord, court, or other
28 affected person a copy of his or her the soldier's orders,
29 together with a written statement from the Adjutant General of
30 the State of Florida, or his or her designee, that the soldier
31 has served continuously on state orders for the period
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1 commencing with the date of the orders through the date of the
2 statement. The creditor, landlord, court, or other affected
3 person may require the soldier to furnish a recertification
4 every 30 days thereafter, which shall be furnished to the
5 soldier by the Adjutant General upon request.
6 Section 51. Section 250.5202, Florida Statutes, is
7 amended to read:
8 250.5202 Actions for rent or possession by landlord
9 during state active duty.--
10 (1) An eviction, distress action, or requirement for
11 deposit of accrued rent into the registry of the court, as
12 provided in part II of chapter 83, may not proceed against as
13 to any member such person who is called into state active duty
14 military service for this state during the period of such
15 state active duty or active duty if service provided the
16 service member person has given written notice to the affected
17 landlord with regard to any premises where the agreed upon
18 rent does not exceed $1,200 per month and where the rental
19 unit is occupied chiefly as a residential dwelling by the
20 service member, the service member's spouse, or dependent.
21 Notwithstanding, a court of competent jurisdiction may allow
22 such an action to proceed based upon a finding of no
23 substantive prejudice to the service person as a result of the
24 ordered military service.
25 (2) The court may on its own motion and shall, on
26 application, stay the proceedings for not longer than 3 months
27 unless, in the opinion of the court, the ability of the tenant
28 to pay the agreed rent has not been materially affected by
29 reason of state active duty or active duty status.
30 Section 52. Section 250.5204, Florida Statutes, is
31 amended to read:
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1 250.5204 Installment contracts for purchase of
2 property; penalty.--
3 (1) If a creditor who has received a deposit or
4 installment of the purchase price under an installment
5 contract for the purchase of real or personal property from a
6 member of the Florida National Guard, who, after the date of
7 the payment of such deposit or installment, is called into
8 state active duty or active duty service, and has provided
9 that written notice to the creditor of the state active duty
10 or active duty military service has been given to the
11 creditor, the creditor may not exercise any right or option
12 under such contract to rescind or terminate the contract or
13 resume possession of the property for nonpayment of any
14 installment thereunder due, or for any other breach of the
15 terms of the contract thereof occurring during the period of
16 state active duty or active duty service, except upon
17 affirmative authorization by a court of competent
18 jurisdiction.
19 (2) Upon the hearing of such action, the court may
20 order the repayment of prior installments or deposits, or any
21 part thereof, as a condition of terminating the contract and
22 resuming possession of the property, or may, in its
23 discretion, on its own motion, and shall, on application to it
24 by such person in state active duty or active duty or some
25 person on his or her behalf, order a stay of proceedings,
26 unless, in the opinion of the court, the ability of the
27 defendant to comply with the terms of the contract is not
28 materially affected by reason of such service. Alternatively,
29 the court may otherwise dispose of the case as is in the
30 interest of all parties.
31
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1 Section 53. Section 250.5205, Florida Statutes, is
2 amended to read:
3 250.5205 Mortgages, trust deeds, etc.; penalty.--
4 (1) In any proceeding commenced during the period of
5 state active duty or active duty service to enforce
6 obligations secured by mortgage, trust deed, or other security
7 upon real or personal property owned prior to the commencement
8 of a period of state active duty or active duty service, the
9 court may on its own motion stay the proceedings or otherwise
10 dispose of the case as is equitable to conserve the interests
11 of all parties. The court shall stay the proceedings upon the
12 application of a person or agent of the person in state active
13 duty or active duty service unless, in the opinion of the
14 court, the ability of the defendant to comply with the terms
15 of the obligations is not materially affected.
16 (2) A sale, foreclosure, or seizure of property for
17 nonpayment of any sum due under any obligation, or for breach
18 of the terms of such obligation, is not valid if made during
19 the period of state active duty or active duty service or
20 within 30 days thereafter, unless upon an order previously
21 granted by the court and a return thereto made to and approved
22 by the court.
23 (3) This section applies only to obligations secured
24 by a mortgage, trust deed, or other security in the nature of
25 a mortgage upon real or personal property owned by a person in
26 state active duty or active duty service at the commencement
27 of the period of state active service and still owed by her or
28 him, which obligation originated prior to such person's period
29 of state active service.
30 Section 54. Subject to an annual appropriation, the
31 Florida National Guard shall provide training, training
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1 support, and facilities to facilitate the state's attainment
2 of its goals to reduce the supply of and demand for illegal
3 drugs.
4 Section 55. Sections 250.13, 250.21, 250.27, 250.41,
5 and 250.42, Florida Statutes, and section 250.601, Florida
6 Statutes, as created by section 1 of chapter 2002-167, Laws of
7 Florida, are repealed.
8 Section 56. This act shall take effect upon becoming a
9 law.
10
11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 Senate Bill 684
13
14 The CS restores the fine thresholds for punishments imposed in
court-martial proceedings to existing amounts.
15
The CS provides if the Governor cannot be reached and the
16 emergency will not permit awaiting his or her orders, the
Governor's successor as established in s. 14.055, F.S., is
17 authorized to issue orders mobilizing troops to assist local
authorities.
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