ENROLLED
       2026 Legislature                    CS for SB 474, 2nd Engrossed
       
       
       
       
       
       
                                                              2026474er
    1  
    2         An act relating to military affairs; amending s.
    3         115.01, F.S.; revising the authorization to be granted
    4         a leave of absence for military service to include the
    5         Coast Guard; removing the condition that such service
    6         be during war between the United States and a foreign
    7         government; amending s. 115.07, F.S.; clarifying a
    8         provision relating to leaves of absence for all
    9         officers and employees of the state and the counties,
   10         municipalities, and political subdivisions of the
   11         state for reserve or guard training; authorizing local
   12         governments to provide additional paid leave for
   13         officers and employees for reserve or guard training;
   14         amending s. 115.08, F.S.; revising the definition of
   15         the term “active military service”; amending s.
   16         115.09, F.S.; specifying that an authorization for a
   17         leave of absence for public officials to perform
   18         active military service for a specified timeframe is
   19         based on a single order; amending s. 115.14, F.S.;
   20         specifying that an authorization for a leave of
   21         absence for all employees of the state and the
   22         counties, municipalities, and political subdivisions
   23         of the state to perform active military service for a
   24         specified timeframe is based on a single order;
   25         amending s. 121.055, F.S.; revising the list of
   26         military positions required to participate in the
   27         Senior Management Service Class of the Florida
   28         Retirement System; amending s. 250.10, F.S.; removing
   29         a requirement that the Adjutant General administer
   30         youth About Face Programs and adult Forward March
   31         programs; removing provisions governing the programs;
   32         amending s. 250.116, F.S.; revising eligibility for
   33         the Soldiers and Airmen Assistance Program to include
   34         traditional drilling guardsmen on state active duty or
   35         on Title 32 United States Code duty and their eligible
   36         beneficiaries demonstrating valid financial need;
   37         defining the term “beneficiary”; requiring requests
   38         for assistance to be reviewed, processed, and approved
   39         by the Florida National Guard Foundation’s board of
   40         directors; requiring requests for assistance to be
   41         reviewed and evaluated based on specified criteria;
   42         requiring an annual external audit of the program;
   43         requiring the board to annually review the bylaws that
   44         govern the program; requiring the board to provide a
   45         report to the Department of Military Affairs to be
   46         approved by the Adjutant General; reenacting s.
   47         115.06, F.S., relating to reassumption of duties for
   48         officers returning from the service of the United
   49         States, to incorporate the amendment made to s.
   50         115.01, F.S., in a reference thereto; providing an
   51         effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Section 115.01, Florida Statutes, is amended to
   56  read:
   57         115.01 Leave of absence for military service.—Any county or
   58  state official of the state, subject to the provisions and
   59  conditions hereinafter set forth, may be granted leave of
   60  absence from his or her office, to serve in the volunteer forces
   61  of the United States, or in the National Guard of any state, or
   62  in the regular Army, Navy, Air Force, Marine Corps, Coast Guard,
   63  or Space Force of the United States, when the same shall be
   64  called into active service of the United States during war
   65  between the United States and a foreign government.
   66         Section 2. Subsections (3) and (4) of section 115.07,
   67  Florida Statutes, are renumbered as subsections (4) and (5),
   68  respectively, subsections (1) and (2) are amended, and a new
   69  subsection (3) is added to that section, to read:
   70         115.07 Officers and employees’ leaves of absence for
   71  reserve or guard training.—
   72         (1) All officers or employees of the state, of the several
   73  counties of the state, and of the municipalities or political
   74  subdivisions of the state who are commissioned reserve officers
   75  or reserve enlisted personnel in the United States military or
   76  naval service or members of the National Guard are entitled to
   77  leaves of absence from their respective duties, without loss of
   78  vacation leave, pay, time, or efficiency rating, on all days
   79  during which they are engaged in training ordered under the
   80  provisions of the United States military or naval training
   81  regulations or applicable general law for such personnel when
   82  assigned to active or inactive duty.
   83         (2) Leaves of absence granted as a matter of legal right
   84  under the provisions of this section may not exceed 240 working
   85  hours in any one annual period, except as provided in subsection
   86  (3). Administrative leaves of absence for additional or longer
   87  periods of time for assignment to duty functions of a military
   88  character shall be without pay, except as provided in subsection
   89  (3), and shall be granted by the employing or appointing
   90  authority of any state, county, municipal, or political
   91  subdivision employee and when so granted shall be without loss
   92  of time or efficiency rating.
   93         (3)A county, municipality, or other political subdivision
   94  of the state may adopt an ordinance or resolution providing that
   95  an employee who is a commissioned reserve officer or reserve
   96  enlisted personnel in the United States military or naval
   97  service or who is a member of the National Guard may receive
   98  more than 240 working hours of paid leave from his or her
   99  respective duties, without loss of vacation leave, pay, time, or
  100  efficiency rating, on all days during which he or she is engaged
  101  in training ordered under the provisions of the United States
  102  military or naval training regulations or applicable general law
  103  for such personnel when assigned to active or inactive duty,
  104  provided that no state funds are used for such supplemental
  105  payments.
  106         Section 3. Subsection (1) of section 115.08, Florida
  107  Statutes, is amended to read:
  108         115.08 Definitions.—
  109         (1) The term “active military service” as used in this
  110  chapter means shall signify active duty in the Florida defense
  111  force or federal service in training or on active duty with any
  112  branch of the Armed Forces or Reservists of the Armed Forces,
  113  the Florida National Guard, the Coast Guard of the United
  114  States, and service of all officers of the United States Public
  115  Health Service detailed by proper authority for duty with the
  116  Armed Forces, and includes shall include the period during which
  117  a person in military service is absent from duty on account of
  118  sickness, wounds, leave, or other lawful cause.
  119         Section 4. Section 115.09, Florida Statutes, is amended to
  120  read:
  121         115.09 Leave to public officials for military service.—All
  122  officials of the state, the several counties of the state, and
  123  the municipalities or political subdivisions of the state,
  124  including district school and Florida community College System
  125  officers, which officials are also servicemembers in the
  126  National Guard or a reserve component of the Armed Forces of the
  127  United States, must be granted leave of absence from their
  128  respective offices and duties to perform active military
  129  service, with the first 30 days of any such leave of absence to
  130  be with full pay for active federal military service that is
  131  equal to or greater than 90 consecutive days on a single order.
  132         Section 5. Section 115.14, Florida Statutes, is amended to
  133  read:
  134         115.14 Employees.—All employees of the state, the several
  135  counties of the state, and the municipalities or political
  136  subdivisions of the state must be granted leave of absence under
  137  the terms of this law; upon such leave of absence being granted,
  138  such employee must enjoy the same rights and privileges as are
  139  granted to officials under this law, including, without
  140  limitation, receiving full pay for the first 30 days for federal
  141  military service that is equal to or greater than 90 consecutive
  142  days on a single order. Notwithstanding s. 115.09, the employing
  143  authority may supplement the military pay of its officials and
  144  employees who are reservists called to active military service
  145  after the first 30 days in an amount necessary to bring their
  146  total salary, inclusive of their base military pay, to the level
  147  earned at the time they were called to active military duty. The
  148  employing authority shall continue to provide all health
  149  insurance and other existing benefits to such officials and
  150  employees as required by the Uniformed Services Employment and
  151  Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
  152         Section 6. Paragraph (g) of subsection (1) of section
  153  121.055, Florida Statutes, is amended to read:
  154         121.055 Senior Management Service Class.—There is hereby
  155  established a separate class of membership within the Florida
  156  Retirement System to be known as the “Senior Management Service
  157  Class,” which shall become effective February 1, 1987.
  158         (1)
  159         (g) Effective July 1, 1996, participation in the Senior
  160  Management Service Class shall be compulsory for any member of
  161  the Florida Retirement System employed with the Department of
  162  Military Affairs in the uniformed positions of the Adjutant
  163  General, Assistant Adjutant General-Army, Assistant Adjutant
  164  General-Air, and State Quartermaster, Director of Human
  165  Resources, Director of Legislative Affairs, Inspector General,
  166  Executive Officer, and two positions serving as a Special
  167  Projects Officer of the Florida National Guard additional
  168  directors as designated by the agency head, not to exceed a
  169  total of 10 positions. In lieu of participation in the Senior
  170  Management Service Class, such members may participate in the
  171  Senior Management Service Optional Annuity Program as
  172  established in subsection (6).
  173         Section 7. Paragraph (m) of subsection (2) of section
  174  250.10, Florida Statutes, is amended to read:
  175         250.10 Appointment and duties of the Adjutant General.—
  176         (2) The Adjutant General shall:
  177         (m) Subject to annual appropriations, administer youth
  178  About Face programs and adult Forward March programs at sites to
  179  be selected by the Adjutant General. Both programs must provide
  180  schoolwork assistance, focusing on the skills needed to master
  181  basic high school competencies and functional life skills,
  182  including teaching students to work effectively in groups;
  183  providing basic instruction in computer skills; teaching basic
  184  problem-solving, decisionmaking, and reasoning skills; teaching
  185  how the business world and free enterprise work through computer
  186  simulations; and teaching home finance and budgeting and other
  187  daily living skills.
  188         1. About Face is a summer and year-round after-school life
  189  preparation program for economically disadvantaged and at-risk
  190  youths from 13 through 17 years of age. The program must provide
  191  training in academic study skills, and the basic skills that
  192  businesses require for employment consideration.
  193         2. Forward March is a job-readiness program for
  194  economically disadvantaged participants who are directed to
  195  Forward March by the local workforce development boards. The
  196  Forward March program shall provide training on topics that
  197  directly relate to the skills required for real-world success.
  198  The program shall emphasize functional life skills, computer
  199  literacy, interpersonal relationships, critical-thinking skills,
  200  business skills, preemployment and work maturity skills, job
  201  search skills, exploring careers activities, how to be a
  202  successful and effective employee, and some job-specific skills.
  203  The program also shall provide extensive opportunities for
  204  participants to practice generic job skills in a supervised work
  205  setting. Upon completion of the program, Forward March shall
  206  return participants to the local workforce development boards
  207  for placement in a job placement pool.
  208         Section 8. Subsections (4), (5), and (6) of section
  209  250.116, Florida Statutes, are amended, and subsection (7) is
  210  added to that section, to read:
  211         250.116 Soldiers and Airmen Assistance Program.—
  212         (4) ELIGIBILITY.—Persons eligible for assistance from the
  213  program include:
  214         (a) Persons eligible for assistance from the program
  215  include servicemembers who are members of the Florida National
  216  Guard who are:
  217         1.traditional drilling guardsmen on state active duty or
  218  on Title 32 United States Code duty, who otherwise do not
  219  qualify for the assistance programs available to servicemembers
  220  serving under Title 10 United States Code, and who demonstrate
  221  valid financial need, and their eligible beneficiaries, and such
  222  persons are authorized to apply for and receive financial
  223  assistance from the program, as administered by the Florida
  224  National Guard Foundation’s board of directors and its governing
  225  bylaws, contingent upon the availability of funds serving in the
  226  Global War on Terrorism or Overseas Contingency Operation or who
  227  request assistance within 120 days after the termination of
  228  orders for such service and return to their home of record.
  229         2. Deployed by the Federal Government and participating in
  230  state operations for homeland defense or request assistance
  231  within 120 days after the termination of orders for such service
  232  and return to their home of record.
  233         (b)1.As used in this subsection, the term “beneficiary”
  234  means the current spouse, dependent children, or other
  235  beneficiaries as designated in the servicemember’s service
  236  component records Beneficiaries of an eligible servicemember
  237  designated on United States Department of Defense Form 93.
  238         2.Individuals demonstrating a financial need for
  239  authorized assistance who are dependents or family members of an
  240  eligible servicemember.
  241         (5) REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.—
  242         (a) A request for assistance must shall be reviewed, and
  243  processed, and approved by the Florida National Guard
  244  Foundation’s board of directors at the local level by an
  245  official designated by the Adjutant General. During the initial
  246  review and processing of the request, the Department of Military
  247  Affairs may accept assistance from the direct-support
  248  organization. Final review and approval of requests for
  249  assistance shall be made by the Department of Military Affairs.
  250         (b) Requests for assistance must shall be reviewed and
  251  evaluated based on the following criteria:
  252         1. The impact of a servicemember’s financial situation
  253  absence and inability to provide quality of life and other
  254  qualifying life-impacting assist in home and vehicle repairs or
  255  meet other family needs;
  256         2.The economic impact of deployment;
  257         3.The overall financial situation of the applicant;
  258         2.4. The assistance authorized under the program; and
  259         3.5.Any other consideration dictated in the bylaws of the
  260  Florida National Guard Foundation Other relevant information.
  261         (6) QUARTERLY FINANCIAL REVIEW.—The financial committee of
  262  the board of directors of the direct-support organization shall
  263  review financial transactions of the program each quarter. The
  264  board of directors must also ensure an annual external audit is
  265  completed and published on the publicly available website of the
  266  direct-support organization. This audit must review shall be
  267  provided to the Department of Military Affairs in order to
  268  determine whether the direct-support organization is being
  269  operated in a manner that is consistent with the purposes of the
  270  Soldiers and Airmen Assistance Fund, and in the best interests
  271  of the department. The financial committee may request the
  272  Office of Inspector General to conduct additional reviews.
  273         (7)ANNUAL BYLAW REVIEW.—The Florida National Guard
  274  Foundation’s board of directors shall annually review the bylaws
  275  that govern the program. This review shall be provided in a
  276  report to the Department of Military Affairs and subject to
  277  approval by the Adjutant General.
  278         Section 9. For the purpose of incorporating the amendment
  279  made by this act to section 115.01, Florida Statutes, in a
  280  reference thereto, section 115.06, Florida Statutes, is
  281  reenacted to read:
  282         115.06 Reassumption of duties.—Upon being mustered out of
  283  the service of the United States, such officer granted leave
  284  under s. 115.01 shall immediately enter into the duties of his
  285  or her office for the remainder of the term for which he or she
  286  was elected.
  287         Section 10. This act shall take effect July 1, 2026.