CS/HB 129

1
A bill to be entitled
2An act relating to military affairs; amending s. 115.07,
3F.S.; revising the amount of annual leave of absence
4granted to officers and employees of the state, counties,
5municipalities, and political subdivisions of the state
6who are commissioned reserve officers or reserve enlisted
7personnel in the United States military or naval service
8or who are members of the National Guard; removing an
9obsolete provision relating to calculation of leave of
10absence; amending s. 250.10, F.S.; authorizing the
11Adjutant General to appoint a second Assistant Adjutant
12General for Army; providing a finding that the act
13fulfills an important state interest; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 115.07, Florida Statutes, is amended to
19read:
20     115.07  Officers and employees' leaves of absence for
21reserve or guard training.-
22     (1)  All officers or employees of the state, of the several
23counties of the state, and of the municipalities or political
24subdivisions of the state who are commissioned reserve officers
25or reserve enlisted personnel in the United States military or
26naval service or members of the National Guard are entitled to
27leaves of absence from their respective duties, without loss of
28vacation leave, pay, time, or efficiency rating, on all days
29during which they are engaged in training ordered under the
30provisions of the United States military or naval training
31regulations for such personnel when assigned to active or
32inactive duty.
33     (2)  Leaves of absence granted as a matter of legal right
34under the provisions of this section may shall not exceed 240 17
35working hours days in any one annual period. Administrative
36leaves of absence for additional or longer periods of time for
37assignment to duty functions of a military character shall be
38without pay and shall be granted by the employing or appointing
39authority of any state, county, municipal, or political
40subdivision employee and when so granted shall be without loss
41of time or efficiency rating.
42     (3)  With respect to any officer or employee whose working
43day consists of a shift measured in hours, each such 12-hour
44shift or less shall equal 1 working day leave of absence. All
45other shifts over 12 hours and up to 24 hours shall equal 2
46working days leave of absence.
47     (3)(4)  When an employee's assigned employment duty
48conflicts with ordered active or inactive duty training, it is
49shall be the responsibility of the employing agency of the
50state, county, municipal, or political subdivision to provide a
51substitute employee, if necessary, for the assumption of such
52employment duty while the employee is on assignment for the such
53training.
54     (4)(5)  It is the intent of the Legislature that the state,
55its several counties, and its municipalities and political
56subdivisions shall grant leaves of absence for active or
57inactive training to all employees who are members of the United
58States Reserve Forces or the National Guard, to ensure the state
59and national security at all times through a strong armed force
60of qualified and mobilization-ready personnel.
61     Section 2.  Subsection (4) of section 250.10, Florida
62Statutes, is amended to read:
63     250.10  Appointment and duties of the Adjutant General.-
64     (4)(a)  The Adjutant General shall, subject to confirmation
65by the Senate, employ a federally recognized officer of the
66Florida National Guard, who has served in the Florida Army Guard
67for the preceding 5 years and attained the rank of colonel or
68higher at the time of appointment, to be the Assistant Adjutant
69General for Army.
70     (b)  The Adjutant General may, subject to confirmation by
71the Senate, employ an additional federally recognized officer of
72the Florida National Guard, who has served in the Florida Army
73Guard for the preceding 5 years and attained the rank of colonel
74or higher at the time of appointment, to be a second Assistant
75Adjutant General for Army.
76
77Each The officer shall perform the duties required by the
78Adjutant General.
79     Section 3.  The Legislature finds and declares that this
80act fulfills an important state interest.
81     Section 4.  This act shall take effect July 1, 2010.


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