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