Florida Senate - 2021                                     SB 770
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00714-21                                            2021770__
    1                        A bill to be entitled                      
    2         An act relating to military affairs; amending s.
    3         110.205, F.S.; deleting a provision requiring that
    4         certain military personnel have the same salary and
    5         benefits as career service employees; amending s.
    6         121.055, F.S.; revising the list of positions in the
    7         Department of Military Affairs subject to compulsory
    8         membership in the Senior Management Service Class of
    9         the Florida Retirement System; amending s. 250.10,
   10         F.S.; modifying minimum qualifications and duties of
   11         the Adjutant General; modifying the minimum
   12         qualifications for additional officers appointed by
   13         the Adjutant General; amending s. 250.35, F.S.;
   14         designating the provisions of ch. 250, F.S., and the
   15         Uniform Code of Military Justice as the Florida Code
   16         of Military Justice; specifying that a court-martial
   17         is an administrative procedure under the executive
   18         branch of state government; revising procedures
   19         applicable to various court-martial proceedings;
   20         revising the types of punishments a person found
   21         guilty in a court-martial proceeding is subject to;
   22         authorizing certain commanders to suspend punishment,
   23         subject to specified limitations; authorizing Florida
   24         National Guard regulations to provide for nonjudicial
   25         punishment; specifying the authority of certain
   26         commanders to reduce grades of enlisted personnel,
   27         subject to specified limitations; modifying procedures
   28         governing appeals of a court-martial finding and
   29         sentence; amending s. 250.351, F.S.; revising
   30         provisions governing the applicability of ch. 250,
   31         F.S., and the Florida Code of Military Justice;
   32         specifying conditions under which subject matter
   33         jurisdiction is established in certain cases; amending
   34         s. 250.36, F.S.; authorizing the Adjutant General, the
   35         Adjutant General’s designee, or a military judge to
   36         issue and execute search authorizations under
   37         specified circumstances; amending s. 250.375, F.S.;
   38         revising authorization for certain physicians serving
   39         as medical officers with, or in support of, the
   40         Florida National Guard to practice medicine under
   41         certain circumstances; amending s. 250.40, F.S.;
   42         revising the composition of the Armory Board;
   43         authorizing board members to request excusal from an
   44         Armory Board meeting; providing for the designation of
   45         an alternate board member in the event of an excusal;
   46         modifying a provision governing the length of the term
   47         of board members; conforming a cross-reference;
   48         providing an effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Paragraph (p) of subsection (2) of section
   53  110.205, Florida Statutes, is amended to read:
   54         110.205 Career service; exemptions.—
   55         (2) EXEMPT POSITIONS.—The exempt positions that are not
   56  covered by this part include the following:
   57         (p)1. All military personnel of the Department of Military
   58  Affairs. Unless otherwise fixed by law, the salary and benefits
   59  for such military personnel shall be set by the Department of
   60  Military Affairs in accordance with the appropriate military pay
   61  schedule.
   62         2. The military police chiefs, military police officers,
   63  firefighter trainers, firefighter-rescuers, and electronic
   64  security system technicians shall have salary and benefits the
   65  same as career service employees.
   66         Section 2. Paragraph (g) of subsection (1) of section
   67  121.055, Florida Statutes, is amended to read:
   68         121.055 Senior Management Service Class.—There is hereby
   69  established a separate class of membership within the Florida
   70  Retirement System to be known as the “Senior Management Service
   71  Class,” which shall become effective February 1, 1987.
   72         (1)
   73         (g) Effective July 1, 1996, participation in the Senior
   74  Management Service Class is shall be compulsory for any member
   75  of the Florida Retirement System employed with the Department of
   76  Military Affairs in the positions of the Adjutant General,
   77  Assistant Adjutant General-Army, Assistant Adjutant General-Air,
   78  State Quartermaster, Director of Human Resources, Director of
   79  Legislative Affairs, Inspector General, Executive Officer
   80  Military Personnel, Director of Administration, and additional
   81  directors as designated by the agency head, not to exceed a
   82  total of 10 positions. In lieu of participation in the Senior
   83  Management Service Class, such members may participate in the
   84  Senior Management Service Optional Annuity Program as
   85  established in subsection (6) if enrolled in the program before
   86  July 1, 2017.
   87         Section 3. Subsections (1), (2), (4), and (5) of section
   88  250.10, Florida Statutes, are amended to read:
   89         250.10 Appointment and duties of the Adjutant General.—
   90         (1) In case of a vacancy, the Governor shall, subject to
   91  confirmation by the Senate, appoint a federally recognized
   92  officer of the Florida National Guard, who has served in the
   93  Florida National Guard for at least the preceding 5 years and
   94  attained the rank of colonel or higher, to be the Adjutant
   95  General of the state with the rank of not less than brigadier
   96  general or such higher rank as authorized by applicable tables
   97  of organization of the Department of the Army or the Department
   98  of the Air Force. The Adjutant General and all other military
   99  personnel of the Florida National Guard on full-time military
  100  duty with the Department of Military Affairs, except military
  101  police and firefighters, who are paid from state funds shall
  102  receive the pay and allowances of their respective grade as
  103  prescribed by applicable pay tables of the national military
  104  establishment for similar grade and period of service of
  105  personnel, unless a different rate of pay and allowances is
  106  specified in an appropriation act of the Legislature. An
  107  officer, with his or her consent, may be ordered to state active
  108  duty for administrative duty with the Department of Military
  109  Affairs at a grade lower than the officer currently holds.
  110         (2) The Adjutant General shall:
  111         (a) Serve as the commanding general of Florida’s organized
  112  militia.
  113         (b) Supervise the receipt, preservation, repair,
  114  distribution, issue, and collection of all arms and military
  115  equipment of the state.
  116         (c)(b) Supervise all troops and branches of the Florida
  117  National Guard, including their organization, armament,
  118  discipline, training, recruiting, inspection, instruction, pay,
  119  subsistence, and supplies.
  120         (d)(c) Maintain records of all military personnel of the
  121  Florida National Guard, and maintain copies of all orders,
  122  reports, and communications received and issued by him or her.
  123         (e)(d) Cause the law and orders relating to the Florida
  124  National Guard to be indexed, printed, and bound, and prepare
  125  and publish blank books, forms, and stationery when necessary,
  126  and furnish them at the expense of the state.
  127         (f)1.(e)1. Prepare and publish by order of the Governor
  128  orders, rules, and regulations, consistent with law, to bring
  129  the organization, armament, equipment, training, and discipline
  130  of the Florida National Guard to a state of efficiency as near
  131  as possible to that of the regular United States Army and Air
  132  Force, and the Adjutant General shall attest all orders of the
  133  commander in chief relating to the Florida National Guard.
  134         2. Establish by directive an organized and supervised
  135  physical fitness program for military personnel of the
  136  Department of Military Affairs, provided that the program does
  137  not exceed 1 hour per day, for a maximum of 3 hours per week,
  138  and originates and terminates at the normal worksite. All fees,
  139  membership dues, equipment, and clothing relating to such
  140  physical fitness program shall be at no cost to the state.
  141  Administrative leave, not to exceed 3 hours per week, shall be
  142  provided by the department to all personnel authorized to
  143  participate in the physical fitness program.
  144         3. Establish by directive a post exchange store for members
  145  of the Florida National Guard, their families, guests, and other
  146  authorized users. The post exchange store shall be located at
  147  the Camp Blanding Training Site. The primary purpose of the
  148  store is to provide for the morale, recreation, and welfare of
  149  all servicemembers training at the Camp Blanding Training Site.
  150  The operation of the post exchange store must be in accordance
  151  with state and federal laws, rules, and regulations. Profits of
  152  the post exchange store, if any, shall be deposited in the Camp
  153  Blanding Management Trust Fund and shall be used to enhance the
  154  facilities and services provided by the Camp Blanding Training
  155  Site. The Adjutant General may establish an account with a
  156  federally insured financial institution in the state to
  157  facilitate the operations of the post exchange store.
  158         (g)(f) Prepare reports required by the Secretary of
  159  Defense.
  160         (h)(g) Perform other duties required of the Adjutant
  161  General by the commander in chief.
  162         (i)(h) Employ personnel as necessary for the proper conduct
  163  of the Department of Military Affairs. The Adjutant General may
  164  accept personnel provided by the Federal Government.
  165         (j)(i) Establish and maintain as part of the Adjutant
  166  General’s office a repository of records of the services of
  167  Florida troops during all wars, and be the custodian of all
  168  records, relics, trophies, colors, and histories relating to
  169  such wars which are possessed or acquired by the state.
  170         (k)(j) Maintain a seal of office, approved by the commander
  171  in chief, and all copies of papers in his or her office, duly
  172  certified and authenticated under the seal, are admissible in
  173  evidence in all cases in like manner as if the original were
  174  produced.
  175         (l)(k) Provide, upon request, a summary to the Governor on
  176  the number and condition of the Florida National Guard and the
  177  number and condition of the arms and property in the custody of
  178  the state, and transmit to the Governor at that time a detailed
  179  report of all funds and moneys received and disbursed by the
  180  Department of Military Affairs. The Adjutant General may also
  181  recommend needed legislation as he or she deems proper.
  182         (m)(l) Subject to annual appropriations, administer youth
  183  About Face programs and adult Forward March programs at sites to
  184  be selected by the Adjutant General. Both programs must provide
  185  schoolwork assistance, focusing on the skills needed to master
  186  basic high school competencies and functional life skills,
  187  including teaching students to work effectively in groups;
  188  providing basic instruction in computer skills; teaching basic
  189  problem-solving, decisionmaking, and reasoning skills; teaching
  190  how the business world and free enterprise work through computer
  191  simulations; and teaching home finance and budgeting and other
  192  daily living skills.
  193         1. About Face is a summer and year-round after-school life
  194  preparation program for economically disadvantaged and at-risk
  195  youths from 13 through 17 years of age. The program must provide
  196  training in academic study skills, and the basic skills that
  197  businesses require for employment consideration.
  198         2. Forward March is a job-readiness program for
  199  economically disadvantaged participants who are directed to
  200  Forward March by the local workforce development boards. The
  201  Forward March program shall provide training on topics that
  202  directly relate to the skills required for real-world success.
  203  The program shall emphasize functional life skills, computer
  204  literacy, interpersonal relationships, critical-thinking skills,
  205  business skills, preemployment and work maturity skills, job
  206  search skills, exploring careers activities, how to be a
  207  successful and effective employee, and some job-specific skills.
  208  The program also shall provide extensive opportunities for
  209  participants to practice generic job skills in a supervised work
  210  setting. Upon completion of the program, Forward March shall
  211  return participants to the local workforce development boards
  212  for placement in a job placement pool.
  213         (n)(m) Order troops to state active duty for training,
  214  subject to approved appropriations or grants.
  215         (o)(n) Issue decorations and awards pursuant to military
  216  regulations and instructions.
  217         (4)(a) The Adjutant General shall, subject to confirmation
  218  by the Senate, employ a federally recognized officer of the
  219  Florida National Guard, who has served in the Florida Army Guard
  220  for at least 3 the preceding 5 years and attained the rank of
  221  colonel or higher at the time of appointment, to be the
  222  Assistant Adjutant General for Army.
  223         (b) The Adjutant General may, subject to confirmation by
  224  the Senate, employ an additional, federally recognized officer
  225  of the Florida National Guard, who has served in the Florida
  226  Army Guard for at least 3 the preceding 5 years and attained the
  227  rank of colonel or higher at the time of appointment, to be a
  228  second Assistant Adjutant General for Army.
  229  
  230  Each officer shall perform the duties required by the Adjutant
  231  General.
  232         (5) The Adjutant General shall, subject to confirmation by
  233  the Senate, employ a federally recognized officer of the Florida
  234  National Guard, who has served in the Florida Air Guard for at
  235  least 3 the preceding 5 years and attained the rank of colonel
  236  or higher at the time of appointment, to be the Assistant
  237  Adjutant General for Air. The officer shall perform the duties
  238  required by the Adjutant General.
  239         Section 4. Section 250.35, Florida Statutes, is amended to
  240  read:
  241         250.35 Florida Code of Military Justice Courts-martial.—
  242         (1) The Uniform Code of Military Justice (UCMJ), 10 U.S.C.
  243  ss. 801 et seq., and the Manual for Courts-Martial (2019 2012
  244  Edition) are adopted for use by the Florida National Guard,
  245  except as otherwise provided by this chapter. The UCMJ, together
  246  with the provisions of this chapter, shall be referred to as the
  247  Florida Code of Military Justice (FCMJ).
  248         (2) Courts-martial may try a member of the Florida National
  249  Guard for any crime or offense made punishable under the FCMJ by
  250  the Uniform Code of Military Justice (2012 Edition), except that
  251  a commissioned officer, warrant officer, or cadet may not be
  252  tried by summary courts-martial.
  253         (3) A court-martial in this state is an administrative
  254  procedure of the executive branch and not a court under the
  255  control of the judicial branch.
  256         (4) Courts-martial in the state consist of shall be of
  257  three kinds, namely: general courts-martial, special courts
  258  martial, and summary courts-martial. General courts-martial and
  259  special courts-martial shall be tried by a military judge and a
  260  panel of officers pursuant to the Manual for Courts-Martial,
  261  except as otherwise provided by Florida as designated in
  262  applicable National Guard regulations. However, a panel may
  263  include enlisted members, at the request of an enlisted person
  264  who is accused of a crime or an offense defendant. The military
  265  judge in a general court-martial or special court-martial must
  266  be qualified by attendance at appropriate Judge Advocate General
  267  schools or and must be certified as qualified by the Adjutant
  268  General of Florida. In a general and special court-martial, the
  269  accused defendant may waive trial by panel and request trial by
  270  military judge alone. The granting of such waiver is shall be in
  271  the military judge’s discretion. The military judge in a summary
  272  court-martial must be a commissioned officer who is appointed by
  273  the Summary Courts-Martial Convening Authority or any higher
  274  authority.
  275         (5)(4) General courts-martial in the Florida National Guard
  276  may be convened by order of the President of the United States,
  277  the Governor, or the Adjutant General. This duty may not be
  278  delegated. as delegated by the Governor, and Such courts may,
  279  upon a finding of guilt, adjudge no punishment or adjudge any
  280  one or more of the following punishments:
  281         (a) Confinement in an appropriate penal institution for a
  282  period not to exceed 367 days.
  283         (b) Dismissal or discharge from the Florida National Guard
  284  with a characterization of service deemed appropriate by the
  285  military judge or enlisted members, including a dishonorable or
  286  bad conduct discharge.
  287         (c) A fine not to exceed $500 per violation.
  288         (d) Forfeiture of all pay and allowances, or a portion
  289  thereof.
  290         (e) Reduction to the lowest or any intermediate pay grade
  291  of enlisted persons.
  292         (f) A written reprimand filed in the official military
  293  personnel file of the person found guilty adjudge a fine not
  294  exceeding $500, confinement not in excess of 200 days;
  295  forfeiture of all pay and allowances; reprimand, dismissal, or
  296  dishonorable discharge from the service; and reduction to the
  297  lowest enlisted grade or any intermediate grade for enlisted
  298  personnel. Any two or more of such punishments may be combined
  299  in the sentence authorized in this section.
  300         (6)(5)Special courts-martial authorized to adjudicate a
  301  bad conduct discharge in When not in the active service of the
  302  United States, the commanding officer of each major command of
  303  the Florida National Guard or his or her superior commander may
  304  be convened by order of commanding officers of the Florida
  305  National Guard who are in the accused’s chain of command and
  306  hold the rank of colonel, or any person who is authorized to
  307  convene a general court-martial convene special courts-martial
  308  empowered to adjudicate a bad conduct discharge from the
  309  service, subject to the procedural protections provided in 10
  310  U.S.C. s. 819. This duty may not be delegated. Such a court
  311  martial may, upon a finding of guilt, adjudge no punishment or
  312  adjudge any one or more of the following punishments:
  313         (a) Confinement in an appropriate penal institution for a
  314  period not to exceed 100 days.
  315         (b) Discharge from the Florida National Guard with a bad
  316  conduct discharge.
  317         (c) A fine not to exceed $400 per violation.
  318         (d) Forfeiture of all pay and allowances, or a portion
  319  thereof, for a period not to exceed 1 year.
  320         (e) Reduction to the lowest or any intermediate pay grade
  321  of enlisted persons.
  322         (f) A written reprimand filed in the official military
  323  personnel file of the person found guilty Special courts-martial
  324  with bad conduct discharge authority have the same powers of
  325  punishment as do general courts-martial, except that fines
  326  adjudged by special courts-martial may not exceed $300 and
  327  confinement may not exceed 100 days. Special courts-martial with
  328  bad conduct discharge authority may adjudicate a bad conduct
  329  discharge from the service, but may not adjudicate a dismissal
  330  or dishonorable discharge from the service.
  331         (7)(6)Special courts-martial not authorized to adjudicate
  332  a bad conduct discharge in the Florida National Guard may be
  333  convened by order of the commanding officers of the Florida
  334  National Guard who are in the accused’s chain of command and
  335  hold the rank of lieutenant colonel, or any person who is
  336  authorized to convene a general court-martial or special court
  337  martial that is authorized to adjudicate a bad conduct
  338  discharge. This duty may not be delegated. Such a court-martial
  339  may, upon a finding of guilt, adjudge no punishment or adjudge
  340  one or more of the following punishments:
  341         (a) Confinement in an appropriate penal institution for a
  342  period not to exceed 100 days.
  343         (b) A fine not to exceed $300 per violation.
  344         (c) Forfeiture of all pay and allowances, or a portion
  345  thereof, for a period not to exceed 60 days.
  346         (d) Reduction to the lowest or any intermediate pay grade
  347  of enlisted persons.
  348         (e) A written reprimand filed in the official military
  349  personnel file of the person found guilty When not in the active
  350  service of the United States, the commanding officer of each
  351  garrison, fort, post, camp, air base, auxiliary air base, any
  352  other place where troops are on duty, division, brigade, group,
  353  regiment, battalion, wing, or squadron may convene special
  354  courts-martial for his or her command; but such special courts
  355  martial may be convened by superior commanders when advisable.
  356  Special courts-martial have the same powers of punishment as
  357  general courts-martial, except that fines adjudged by special
  358  courts-martial may not exceed $300 and confinement may not
  359  exceed 100 days, and dismissal or discharge from the service may
  360  not be adjudicated.
  361         (8)(7)Summary courts-martial in the Florida National Guard
  362  may be convened by order of commanding officers of the Florida
  363  National Guard who are in the accused’s chain of command and
  364  hold the rank of lieutenant colonel, or any person authorized to
  365  convene a general court-martial or special court-martial. This
  366  duty may not be delegated. Such courts-martial may, upon a
  367  finding of guilt, adjudge no punishment or adjudge any one or
  368  more of the following punishments:
  369         (a) Confinement in an appropriate penal institution for a
  370  period not to exceed 25 days.
  371         (b) A fine not to exceed $200 per violation.
  372         (c) Forfeiture of all pay and allowances, or a portion
  373  thereof, for a period not to exceed 60 days.
  374         (d) Reduction to no more than two pay grades below the
  375  person’s current pay grade.
  376         (e) A reprimand When not in the active service of the
  377  United States, the commanding officer of each battalion, higher
  378  headquarters, or similar type unit may convene summary courts
  379  martial for such place or command. Any person who may convene a
  380  general court-martial or special court-martial may convene a
  381  summary court-martial. Summary courts-martial may adjudge a fine
  382  not in excess of $200 per offense, confinement not in excess of
  383  25 days, forfeiture of pay and allowances, and reduction by one
  384  grade of members whom the convening authority had the authority
  385  to promote to their present grade. Any two or more of such
  386  punishments may be combined in the sentence authorized to be
  387  imposed by such courts, except that confinement may not be
  388  combined with a fine.
  389         (9)(8)Commanding officers When not in the active service
  390  of the United States, commanders may impose nonjudicial
  391  punishment in accordance with Florida National Guard
  392  regulations. Enlisted personnel may receive nonjudicial
  393  punishment from the unit commander or from any higher commander
  394  in their chain of command. Company grade and warrant officers
  395  may receive nonjudicial punishment from any commander who is a
  396  field grade or general officer in their chain of command. Field
  397  grade officers may receive nonjudicial punishment from any
  398  commander who is a general officer in their chain of command.
  399  Such commanders may, upon a finding of guilt, adjudge no
  400  punishment or adjudge one or more of the following punishments
  401  10 U.S.C. s. 815, except that punishment may not exceed:
  402         (a) Oral or written reprimand.
  403         (b) Extra duty for a period not to exceed 14 days of active
  404  duty, whether state active duty, annual training, or any similar
  405  duty, or 14 unit training assemblies.
  406         (c) Restriction to the armory, training site, or any other
  407  specified limitations, with or without suspension from duty, for
  408  a period not to exceed 14 days of active duty, whether state
  409  active duty, annual training, or any similar duty, or 14 unit
  410  training assemblies.
  411         (d) A fine not to exceed Fines of $200 per violation.
  412         (e) Reduction of up to two grades for enlisted personnel in
  413  the E-4 pay grade or below and reduction of one grade of
  414  enlisted personnel in the E-5 pay grade or above by one grade of
  415  a member whom the commander had the authority to promote.
  416         (f) Forfeiture of base pay for a period not to exceed 14
  417  days of active duty, whether state active duty, annual training,
  418  or any similar duty, or 14 unit training assemblies.
  419         (g) Any combination of paragraphs (a)-(f) (a)-(e), except
  420  that a combination of punishment imposed under paragraphs (b)
  421  and (c) may not exceed 14 days or 14 unit training assemblies.
  422         (10) The commander who imposes nonjudicial punishment, or a
  423  successor in command over the person being punished, may suspend
  424  any part or amount of the punishment at any time, subject to the
  425  following conditions:
  426         (a) Any unexecuted punishment may be suspended at any time.
  427         (b) An executed punishment of any grade reduction, fine, or
  428  forfeiture of pay may only be suspended within a period of 8
  429  months after the date of execution.
  430         (c) A punishment may not be suspended for a period
  431  exceeding 12 months from the date of suspension, and the
  432  expiration of the affected servicemember’s current enlistment or
  433  term of service automatically terminates the period of
  434  suspension.
  435         (11) Florida National Guard regulations may provide for
  436  plenary and summarized nonjudicial punishment.
  437         (12) A commander is authorized to reduce the grade of
  438  enlisted personnel in ranks through courts-martial or
  439  nonjudicial punishment, subject to the following conditions:
  440         (a) Unless jurisdiction is withheld by a higher level
  441  commander, commanders in command positions with the rank of
  442  captain are authorized to reduce grades of personnel serving in
  443  grades E-2 through E-4.
  444         (b) Unless jurisdiction is withheld by a higher level
  445  commander, commanders in command positions with the rank of
  446  lieutenant colonel are authorized to reduce grades of personnel
  447  serving in grades E-2 through E-6.
  448         (c) Unless jurisdiction is withheld by a higher level
  449  commander, commanders in command positions with the rank of
  450  colonel and above are authorized to reduce grades of personnel
  451  serving in grades E-2 through E-9.
  452         (13)(a)(9) A finding of guilt and the sentence of a summary
  453  court-martial may be appealed to the convening authority. If a
  454  sentence of imprisonment has been adjudged, the findings and
  455  sentence may be appealed to the Adjutant General.
  456         (b)(10)(a) A finding of guilt and the sentence of a court
  457  martial convened under this chapter, as approved by the
  458  convening authority and the Adjutant General if a sentence of
  459  imprisonment has been adjudged, may be appealed to the First
  460  District Court of Appeal.
  461         (c)(b) Any dismissal of a general or special court-martial
  462  case, or any specific charge or offense, by the military judge
  463  which does not violate the accused’s defendant’s constitutional
  464  rights may be appealed by the Florida National Guard to the
  465  First District Court of Appeal.
  466         (d) A finding of guilt and the sentence of a nonjudicial
  467  punishment may be appealed only to the next highest commander in
  468  the accused’s chain of command. Any such appeal is final.
  469         (14)(11) When the Florida National Guard is not in the
  470  active service of the United States, a sentence of dismissal
  471  from the service or dishonorable discharge from the service,
  472  imposed by court-martial, may not be executed until approved by
  473  the Governor.
  474         Section 5. Section 250.351, Florida Statutes, is amended to
  475  read:
  476         250.351 Court-martial; jurisdiction.—
  477         (1) Members of the Florida National Guard are subject to
  478  this chapter and the Florida Uniform Code of Military Justice,
  479  including any provision authorizing punishment, at all times
  480  during their enlistment or appointment, regardless of whether in
  481  civilian or military status or serving in this state or outside
  482  the state. Jurisdiction is based exclusively on membership in
  483  the Florida National Guard and is not subject to any additional
  484  requirements.
  485         (2) Subject matter jurisdiction is established if a nexus
  486  exists between an offense, either military or nonmilitary, and
  487  the state military force. Courts-martial under the Florida Code
  488  of Military Justice have primary jurisdiction of military
  489  offenses committed when the member is not in the active service
  490  of the United States. A proper civilian court has primary
  491  jurisdiction of a nonmilitary offense when an act or omission
  492  violates both the Florida Code of Military Justice and local
  493  criminal law, foreign or domestic. In such cases, a court
  494  martial may be initiated only after the civilian authority has
  495  declined to prosecute or has dismissed the charge, provided
  496  jeopardy has not attached. Jurisdiction over attempted crimes,
  497  conspiracy crimes, solicitation, and accessory crimes must be
  498  determined by the underlying offense. Courts-martial under the
  499  Florida Code of Military Justice may be initiated for offenses
  500  committed by a Florida National Guard member while in the active
  501  service of the United States only after the commander with
  502  authority over the offense under the Uniform Code of Military
  503  Justice has declined to prosecute or dismissed the charge,
  504  provided jeopardy has not attached.
  505         (3)Courts-martial A court-martial or court of inquiry may
  506  be convened and held in a unit of the Florida National Guard
  507  serving outside the state, and the court has the same
  508  jurisdiction and powers as if the court-martial or court of
  509  inquiry were held within the state. An offense committed outside
  510  the state may be tried and punished outside the state or within
  511  the state.
  512         Section 6. Section 250.36, Florida Statutes, is amended to
  513  read:
  514         250.36 Mandates and process.—
  515         (1) Military courts may issue all process and mandates,
  516  including writs, warrants, and subpoenas, necessary to carry out
  517  the powers vested in the courts. Such mandates and process may
  518  be directed to the sheriff of any county and must be in the form
  519  prescribed by the Adjutant General in the rules issued by him or
  520  her under this chapter. All officers to whom such mandates and
  521  process are directed must execute the same and make returns of
  522  their acts thereunder according to the requirements of the form
  523  of process. Any sheriff or other officer who neglects or refuses
  524  to perform the duty enjoined upon him or her by this chapter is
  525  subject to the same liabilities, penalties, and punishments as
  526  are prescribed by the law for neglect or refusal to perform any
  527  other duty of his or her office.
  528         (2) When not in the active service of the United States,
  529  the Adjutant General, or his or her designee, or a military
  530  judge of the Florida National Guard may issue a pretrial
  531  confinement warrant for the purpose of securing the presence of
  532  an accused at trial. The warrant must be directed to the sheriff
  533  of the county, directing the sheriff to arrest the accused and
  534  bring the accused before the court for trial if the accused has
  535  disobeyed an order in writing to appear before the court which
  536  was delivered to the accused in person or mailed to the
  537  accused’s last known address, along with a copy of the charges.
  538  Pretrial confinement may not exceed 48 hours. However, the
  539  Adjutant General or military judge may extend pretrial
  540  confinement for not more than 15 days in order to facilitate the
  541  presence of the accused at trial. For purposes of this
  542  subsection, the term “military judge” does not include a summary
  543  court-martial officer who is not qualified to act as a military
  544  judge in general or special courts-martial.
  545         (3) When not in the active service of the United States,
  546  the Adjutant General, or his or her designee, or a military
  547  judge of the Florida National Guard may issue subpoenas and
  548  subpoenas duces tecum and enforce by attachment the attendance
  549  of witnesses and the production of documents and other items of
  550  evidentiary value.
  551         (4) When not in the active service of the United States,
  552  the Adjutant General, or his or her designee, or a military
  553  judge may issue and execute search authorizations when the
  554  Florida National Guard or the Department of Military Affairs has
  555  control over the location where the property or the person to be
  556  searched is situated or found. If the location is not under
  557  military control, the commander has control over such property
  558  or persons subject to military law or law of war.
  559         (5) When a sentence of confinement is imposed by any court
  560  martial of the Florida National Guard, the Adjutant General or
  561  his or her designee whose approval makes effective the sentence
  562  imposed by the court-martial shall issue a warrant directing the
  563  sheriff of the appropriate county to take the convicted person
  564  into custody and confine him or her in the jail of such county
  565  for the period specified in the sentence of the court. Any
  566  sheriff receiving such warrant must promptly execute the warrant
  567  by taking the convicted person into custody and confining him or
  568  her in jail. The sheriff or jailer in charge of any county jail
  569  shall receive any person committed for confinement in such jail
  570  under proper process from a court-martial, and provide for the
  571  care, subsistence, and safekeeping of such prisoner just as the
  572  sheriff or jailer would a prisoner properly committed for
  573  custody under the sentence of any civil or criminal court.
  574         (6)(5) All sums of money collected through fines adjudged
  575  by a general, special, or summary court-martial or through the
  576  imposition of nonjudicial punishment of the Florida National
  577  Guard shall be paid over at once by the officer collecting the
  578  fine to the commanding officer of the organization to which the
  579  member belongs and be deposited in accordance with s.
  580  250.40(5)(c)1.
  581         Section 7. Section 250.375, Florida Statutes, is amended to
  582  read:
  583         250.375 Medical officer authorization.—Physicians who hold
  584  an active license to practice medicine in any other state, any
  585  territory of the United States, or the District of Columbia
  586  Puerto Rico, while serving as medical officers with, or in
  587  support of, in the Florida National Guard, pursuant to federal
  588  or state orders, are expressly authorized to practice medicine
  589  on military personnel or civilians during an emergency, declared
  590  disaster, or during federal military training.
  591         Section 8. Subsections (2) and (3) and paragraph (c) of
  592  subsection (5) of section 250.40, Florida Statutes, are amended
  593  to read:
  594         250.40 Armory Board; creation; membership, terms, and
  595  compensation; duties and responsibilities.—
  596         (2)(a) Voting members of the Armory Board include the
  597  Governor as Commander in Chief and chair of the board, the
  598  Adjutant General as vice chair, the Assistant Adjutants General
  599  of the Army, and major subordinate command commanders reporting
  600  directly to the Adjutant General, in the active Florida National
  601  Guard. If necessary due to exigencies of military duty, any
  602  member of the board may delegate his or her deputy commander to
  603  attend the meetings as an alternate member with voting
  604  privileges.
  605         (b) Any member of the Armory Board may request excusal from
  606  a meeting from the Adjutant General or his or her designee. Any
  607  excused member may delegate his or her deputy commander or
  608  executive officer to attend such meeting as an alternate member
  609  with voting privileges.
  610         (c) The Governor may appoint one representative from his or
  611  her staff to attend meetings of the Armory Board. The appointee
  612  shall serve as a nonvoting advisory member and liaison to the
  613  board.
  614         (d)(c) The State Quartermaster shall act as the recorder
  615  and secretary of the Armory Board. In addition, the State
  616  Quartermaster shall execute the policy, decisions, and official
  617  actions of the board. When the board is in recess, the State
  618  Quartermaster shall conduct the day-to-day business of the
  619  board. The State Quartermaster and his or her staff are not
  620  liable, civilly or criminally, for any lawful act done by them
  621  in the performance of their duty, while acting in good faith,
  622  and while acting in the scope of either state or federal duty.
  623         (3) The term of each member of the Armory Board is the
  624  period during which the member possesses the title and
  625  qualifications for such membership as provided in this chapter
  626  under subsection (1).
  627         (5) The Armory Board must:
  628         (c) Receive from counties, municipalities, and other
  629  sources donations of land, services, or money to aid in
  630  providing, operating, improving, and maintaining armories and
  631  other facilities used for military purposes. The national
  632  military policy recognizes the Florida National Guard as an
  633  important component of the United States Army and Air Force, and
  634  a member of the total force, sharing in the defense of the
  635  country. The Florida National Guard is available to assist the
  636  state and local governments in the event of an emergency.
  637  Therefore, it is reasonable and equitable that the expense of
  638  maintaining the Florida National Guard be shared by the federal,
  639  state, and local governments. As the Federal Government is
  640  providing liberally for the equipment and training of the
  641  Florida National Guard and the state for its administration,
  642  management, and maintenance, local governments are encouraged to
  643  provide services at no cost to Florida National Guard armories.
  644         1. Any contributions of money, any moneys derived from the
  645  rental of armories and other facilities, the armory-operations
  646  allowances provided in s. 250.20, and all money collected
  647  through fines imposed by a court-martial or nonjudicial
  648  proceeding of the Florida National Guard, as provided in s.
  649  250.36(6) s. 250.36(5), shall be received on behalf of the
  650  Armory Board by the post commander of such facility and must be
  651  deposited into a federal depository, approved by the Department
  652  of Military Affairs, in an account in a banking institution in
  653  the county in which such facility is located.
  654         2. The funds received shall be disbursed for the purposes
  655  enumerated in this subsection at the discretion of the post
  656  commander.
  657         3. Any real property donated shall be held as other
  658  property for use by the state, and counties and municipalities
  659  may make donations of lands by deed or long-term lease and
  660  contributions of moneys for the purposes set forth in this
  661  section, and may issue bonds or certificates of indebtedness to
  662  provide funds for such purposes. Boards of county commissioners
  663  may levy taxes, not to exceed 1 mill, to provide funds for the
  664  construction of armories or for the retirement of bonds or
  665  certificates of indebtedness issued to provide funds for the
  666  construction of armories. Counties and municipalities may
  667  construct armories upon state-owned land, which may be made
  668  available for such purpose by action of the Armory Board.
  669  Counties and municipalities may also grant to the Armory Board,
  670  by deed or long-term leases, property that is acquired or
  671  buildings that are constructed for military purposes. Each local
  672  government is encouraged to provide economic incentives to
  673  reduce the cost of locating Florida National Guard facilities in
  674  its jurisdiction. A local government may appropriate funds to
  675  pay expenses of the Florida National Guard unit in its
  676  jurisdiction. Such funds will be received, accounted for, and
  677  dispersed as other funds received by the unit.
  678         Section 9. This act shall take effect July 1, 2021.