Florida Senate - 2009 CS for SB 206
By the Committee on Military Affairs and Domestic Security and
Senators Justice and Deutch
583-01980-09 2009206c1
1 A bill to be entitled
2 An act relating to military affairs; amending s.
3 250.35, F.S.; clarifying and updating references with
4 respect to courts-martial; amending s. 250.482, F.S.;
5 revising applicability of provisions with respect to
6 immunity from penalization for National Guard members
7 ordered into state active duty by employers; providing
8 for entitlement to seniority and other rights and
9 benefits for National Guard members returning to work
10 following state active duty; providing that such
11 members may not be discharged from employment except
12 for cause; providing rights and requirements with
13 respect to use of vacation and leave by such members;
14 removing a limitation with respect to the right of an
15 employee ordered into state active duty to bring a
16 civil action for a specified violation by an employer;
17 amending s. 250.82, F.S.; clarifying provisions;
18 providing for the imposition of a civil penalty for
19 specified noncompliance with any duty imposed under
20 ch. 250, F.S., or with other specified provisions of
21 state law which afford protections to members of the
22 United States Armed Forces, the United States Reserve
23 Forces, and the National Guard; providing for
24 attorney's fees and court costs; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsections (1) and (2) of section 250.35,
30 Florida Statutes, are amended to read:
31 250.35 Courts-martial.—
32 (1) The Uniform Code of Military Justice (UCMJ), 10 U.S.C.
33 ss. 801 et seq., and the Manual for Courts-Martial (2008 2002
34 Edition) are adopted for use by the Florida National Guard,
35 except as otherwise provided by this chapter.
36 (2) Courts-martial may try any member of the Florida
37 National Guard for any crime or offense made punishable by the
38 Uniform Code of Military Justice (2008 2002 Edition), except
39 that a commissioned officer, warrant officer, or cadet may not
40 be tried by summary courts-martial.
41 Section 2. Section 250.482, Florida Statutes, is amended to
42 read:
43 250.482 Troops ordered into state active service; not to be
44 penalized by employers and postsecondary institutions.—
45 (1) If a member of the Florida National Guard is ordered
46 into state active duty pursuant to this chapter, a private or
47 public employer, or an employing or appointing authority of this
48 state, its counties, school districts, municipalities, political
49 subdivisions, career centers, community colleges, or
50 universities, may not discharge, reprimand, or in any other way
51 penalize such member because of his or her absence by reason of
52 state active duty.
53 (a) A member of the National Guard who returns to work
54 after serving on state active duty is entitled to:
55 1. The seniority that the member had at his or her place of
56 employment on the date of the commencement of his or her state
57 active duty and any other rights and benefits that inure to the
58 member as a result of such seniority; and
59 2. Any additional seniority that the member would have
60 attained at his or her place of employment if he or she had
61 remained continuously employed and the rights and benefits that
62 inure to the member as a result of such seniority.
63 (b) A member of the National Guard who returns to work
64 after serving on state active duty may not be discharged from
65 such employment, except for cause.
66 (2) An employer may not require any National Guard member
67 returning to employment following a period of state active duty
68 service to use vacation, annual, compensatory, or similar leave
69 for the period during which the member was ordered into state
70 active duty. However, any such returning member shall, upon his
71 or her request, be permitted to use, for the period during which
72 the member was ordered into state active duty, any vacation,
73 annual, compensatory, or similar leave with pay accrued by the
74 member prior to the commencement of his or her state active duty
75 service.
76 (3)(2) If the Adjutant General certifies that there is
77 probable cause to believe there has been a violation of this
78 section, an employee who has been employed for a period of at
79 least 1 year prior to being ordered into state active duty so
80 injured by a violation of this section may bring civil action
81 against an employer violating this section in a court of
82 competent jurisdiction of the county in which the alleged
83 violator resides or has his or her principal place of business,
84 or in the county wherein the alleged violation occurred. Upon
85 adverse adjudication, the defendant is liable for actual damages
86 or $500, whichever is greater. The prevailing party in any
87 litigation proceedings is entitled to recover reasonable
88 attorney's fees and court costs.
89 (4)(3) The certification of probable cause may not be
90 issued until the Adjutant General, or his or her designee, has
91 investigated the issues. All employers and other personnel
92 involved with the issues of such investigation must cooperate
93 with the Adjutant General in the investigation.
94 Section 3. Section 250.82, Florida Statutes, is amended to
95 read:
96 250.82 Applicability of state and federal law.—
97 (1) Florida law provides certain protections to members of
98 the United States Armed Forces, the United States Reserve
99 Forces, and the Florida National Guard in various legal
100 proceedings and contractual relationships. In addition to these
101 state provisions, federal law also contains protections, such as
102 those provided in the Servicemembers Civil Relief Act (SCRA),
103 Title 50, Appendix U.S.C. ss. 501 et seq., and the Uniformed
104 Services Employment and Reemployment Rights Act (USERRA), Title
105 38 United States Code, chapter 43, that are applicable to
106 members in every state even though such provisions are not
107 specifically identified under state law.
108 (2) To the extent allowed by federal law, the state courts
109 shall have concurrent jurisdiction for enforcement over all
110 causes of action arising from the provisions of federal law and
111 may award a remedy as provided therein.
112 (3) In addition to any other penalty provided by law, a
113 person is liable for a civil penalty of up to $1,000 per
114 violation, plus attorney's fees and court courts, if that person
115 in any legal proceeding, contractual relationship, or any other
116 manner:
117 (a) Knowingly omits, neglects, or refuses to comply with
118 any duty imposed upon him or her;
119 (b) Knowingly omits, neglects, or refuses to do or cause to
120 be done any of the things required; or
121 (c) Commits any act prohibited
122 by this chapter or any other provision of state law which
123 affords protections to members of the United States Armed
124 Forces, the United States Reserve Forces, and the National
125 Guard.
126 Section 4. This act shall take effect July 1, 2009.