Senate Bill sb0684c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                            CS for SB 684

    By the Committee on Military and Veterans' Affairs, Base
    Protection, and Spaceports; and Senator Lynn




    301-1921-03

  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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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,

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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:

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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,

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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,

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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;

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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:

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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:

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.

31  

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

31  

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.--

31  

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

31  

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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,

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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:

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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:

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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:

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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  

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 684
    301-1921-03




 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.
18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  74

CODING: Words stricken are deletions; words underlined are additions.