Florida Senate - 2026                              CS for SB 474
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Wright
       
       
       
       
       585-02207-26                                           2026474c1
    1                        A bill to be entitled                      
    2         An act relating to military affairs; amending s.
    3         115.01, F.S.; revising the authorization to be granted
    4         a leave of absence for military service to include the
    5         Coast Guard; deleting the condition that such service
    6         be during war between the United States and a foreign
    7         government; amending s. 115.07, F.S.; revising the
    8         authorization to be granted a leave of absence for
    9         reserve or guard training to include members of the
   10         Florida State Guard; revising legislative intent;
   11         amending s. 115.08, F.S.; revising the definition of
   12         the term “active military service”; amending s.
   13         115.09, F.S.; specifying that an authorization for a
   14         leave of absence for public officials to perform
   15         active military service for a specified timeframe is
   16         based on a single order; making a technical change;
   17         amending s. 115.14, F.S.; clarifying the applicable
   18         employing agencies subject to military leave
   19         requirements; specifying that an authorization for a
   20         leave of absence for all employees of the state and
   21         the counties, municipalities, and political
   22         subdivisions of the state to perform active military
   23         service for a specified timeframe is based on a single
   24         order; amending s. 121.055, F.S.; deleting a
   25         requirement that certain positions from the Department
   26         of Military Affairs participate in the Senior
   27         Management Service Class; providing that participation
   28         in such class for all other members employed with the
   29         Department of Military Affairs and the Florida State
   30         Guard be governed by a specified provision; amending
   31         s. 250.10, F.S.; deleting a requirement that the
   32         Adjutant General administer youth About Face programs
   33         and adult Forward March programs; deleting provisions
   34         governing the programs; amending s. 250.116, F.S.;
   35         revising eligibility for the Soldiers and Airmen
   36         Assistance Program to include traditional drilling
   37         guardsmen on state active duty or on Title 32 United
   38         States Code duty and their eligible beneficiaries
   39         experiencing valid financial need; defining the term
   40         “beneficiary”; revising the review process for
   41         requests for assistance to be reviewed, processed, and
   42         approved by the Florida National Guard Foundation’s
   43         board of directors; revising the criteria to review
   44         and evaluate requests for assistance; requiring an
   45         annual external audit of the program; requiring the
   46         board of directors to review annually the bylaws that
   47         govern the program; requiring the board of directors
   48         to provide a report to the Department of Military
   49         Affairs to be approved by the Adjutant General;
   50         reenacting s. 115.06, F.S., relating to resumption of
   51         duties for officers returning from the service of the
   52         United States, to incorporate the amendment made to s.
   53         115.01, F.S., in a reference thereto; providing an
   54         effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Section 115.01, Florida Statutes, is amended to
   59  read:
   60         115.01 Leave of absence for military service.—Any county or
   61  state official of the state, subject to the provisions and
   62  conditions hereinafter set forth, may be granted leave of
   63  absence from his or her office, to serve in the volunteer forces
   64  of the United States, or in the National Guard of any state, or
   65  in the regular Army, Navy, Air Force, Marine Corps, Coast Guard,
   66  or Space Force of the United States, when the same shall be
   67  called into active service of the United States during war
   68  between the United States and a foreign government.
   69         Section 2. Subsections (1) and (4) of section 115.07,
   70  Florida Statutes, are amended to read:
   71         115.07 Officers and employees’ leaves of absence for
   72  reserve or guard training.—
   73         (1) All officers or employees of the state, of the several
   74  counties of the state, and of the municipalities or political
   75  subdivisions of the state who are commissioned reserve officers
   76  or reserve enlisted personnel in the United States military or
   77  naval service or members of the National Guard or the Florida
   78  State Guard are entitled to leaves of absence from their
   79  respective duties, without loss of vacation leave, pay, time, or
   80  efficiency rating, on all days during which they are engaged in
   81  training ordered under the provisions of the United States
   82  military or naval training regulations or the applicable laws of
   83  this state for such personnel when assigned to active or
   84  inactive duty.
   85         (4) It is the intent of the Legislature that the state, its
   86  several counties, and its municipalities and political
   87  subdivisions shall grant leaves of absence for active or
   88  inactive training to all employees who are members of the United
   89  States Reserve Forces, or the National Guard, or the Florida
   90  State Guard, to ensure the state and national security at all
   91  times through a strong armed force of qualified and
   92  mobilization-ready personnel.
   93         Section 3. Subsection (1) of section 115.08, Florida
   94  Statutes, is amended to read:
   95         115.08 Definitions.—
   96         (1) The term “active military service” as used in this
   97  chapter means shall signify active duty in the Florida State
   98  Guard defense force or federal service in training or on active
   99  duty with any branch of the Armed Forces or Reservists of the
  100  Armed Forces, the Florida National Guard, the Coast Guard of the
  101  United States, and service of all officers of the United States
  102  Public Health Service detailed by proper authority for duty with
  103  the Armed Forces, and includes shall include the period during
  104  which a person in military service is absent from duty on
  105  account of sickness, wounds, leave, or other lawful cause.
  106         Section 4. Section 115.09, Florida Statutes, is amended to
  107  read:
  108         115.09 Leave to public officials for military service.—All
  109  officials of the state, the several counties of the state, and
  110  the municipalities or political subdivisions of the state,
  111  including district school and Florida community College System
  112  officers, which officials are also servicemembers in the
  113  National Guard or a reserve component of the Armed Forces of the
  114  United States, must be granted leave of absence from their
  115  respective offices and duties to perform active military
  116  service, with the first 30 days of any such leave of absence to
  117  be with full pay for active federal military service that is
  118  equal to or greater than 90 consecutive days on a single order.
  119         Section 5. Section 115.14, Florida Statutes, is amended to
  120  read:
  121         115.14 Employees.—All employees of the state, the several
  122  counties of the state, and the municipalities or political
  123  subdivisions of the state, including district school and Florida
  124  College System employees, must be granted leave of absence under
  125  the terms of this law; upon such leave of absence being granted,
  126  such employee must enjoy the same rights and privileges as are
  127  granted to officials under this law, including, without
  128  limitation, receiving full pay for the first 30 days for federal
  129  military service that is equal to or greater than 90 consecutive
  130  days on a single order. Notwithstanding s. 115.09, the employing
  131  authority may supplement the military pay of its officials and
  132  employees who are reservists called to active military service
  133  after the first 30 days in an amount necessary to bring their
  134  total salary, inclusive of their base military pay, to the level
  135  earned at the time they were called to active military duty. The
  136  employing authority shall continue to provide all health
  137  insurance and other existing benefits to such officials and
  138  employees as required by the Uniformed Services Employment and
  139  Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
  140         Section 6. Paragraph (g) of subsection (1) of section
  141  121.055, Florida Statutes, is amended to read:
  142         121.055 Senior Management Service Class.—There is hereby
  143  established a separate class of membership within the Florida
  144  Retirement System to be known as the “Senior Management Service
  145  Class,” which shall become effective February 1, 1987.
  146         (1)
  147         (g) Effective July 1, 1996, participation in the Senior
  148  Management Service Class shall be compulsory for any member of
  149  the Florida Retirement System employed with the Department of
  150  Military Affairs in the positions of the Adjutant General,
  151  Assistant Adjutant General-Army, Assistant Adjutant General-Air,
  152  and State Quartermaster, Director of Human Resources, Director
  153  of Legislative Affairs, Inspector General, Executive Officer,
  154  and additional directors as designated by the agency head, not
  155  to exceed a total of 10 positions. In lieu of participation in
  156  the Senior Management Service Class, such members may
  157  participate in the Senior Management Service Optional Annuity
  158  Program as established in subsection (6). Eligibility for
  159  participation in the Senior Management Service Class for all
  160  other members of the Florida Retirement System employed within
  161  the Department of Military Affairs or within the Division of the
  162  State Guard is separately governed by s. 110.205.
  163         Section 7. Paragraph (m) of subsection (2) of section
  164  250.10, Florida Statutes, is amended to read:
  165         250.10 Appointment and duties of the Adjutant General.—
  166         (2) The Adjutant General shall:
  167         (m) Subject to annual appropriations, administer youth
  168  About Face programs and adult Forward March programs at sites to
  169  be selected by the Adjutant General. Both programs must provide
  170  schoolwork assistance, focusing on the skills needed to master
  171  basic high school competencies and functional life skills,
  172  including teaching students to work effectively in groups;
  173  providing basic instruction in computer skills; teaching basic
  174  problem-solving, decisionmaking, and reasoning skills; teaching
  175  how the business world and free enterprise work through computer
  176  simulations; and teaching home finance and budgeting and other
  177  daily living skills.
  178         1. About Face is a summer and year-round after-school life
  179  preparation program for economically disadvantaged and at-risk
  180  youths from 13 through 17 years of age. The program must provide
  181  training in academic study skills, and the basic skills that
  182  businesses require for employment consideration.
  183         2. Forward March is a job-readiness program for
  184  economically disadvantaged participants who are directed to
  185  Forward March by the local workforce development boards. The
  186  Forward March program shall provide training on topics that
  187  directly relate to the skills required for real-world success.
  188  The program shall emphasize functional life skills, computer
  189  literacy, interpersonal relationships, critical-thinking skills,
  190  business skills, preemployment and work maturity skills, job
  191  search skills, exploring careers activities, how to be a
  192  successful and effective employee, and some job-specific skills.
  193  The program also shall provide extensive opportunities for
  194  participants to practice generic job skills in a supervised work
  195  setting. Upon completion of the program, Forward March shall
  196  return participants to the local workforce development boards
  197  for placement in a job placement pool.
  198         Section 8. Subsections (4), (5), and (6) of section
  199  250.116, Florida Statutes, are amended, and subsection (7) is
  200  added to that section, to read:
  201         250.116 Soldiers and Airmen Assistance Program.—
  202         (4) ELIGIBILITY.—Persons eligible for assistance from the
  203  program include:
  204         (a) Persons eligible for assistance from the program
  205  include servicemembers who are members of the Florida National
  206  Guard who are:
  207         1.traditional drilling guardsmen on state active duty or
  208  on Title 32 United States Code duty, who otherwise do not
  209  qualify for the assistance programs available to servicemembers
  210  serving under Title 10 United States Code, and who demonstrate
  211  valid financial need, and their eligible beneficiaries, and such
  212  persons are authorized to apply for and receive financial
  213  assistance from the program, as administered by the Florida
  214  National Guard Foundation’s board of directors and its governing
  215  bylaws, contingent upon the availability of funds serving in the
  216  Global War on Terrorism or Overseas Contingency Operation or who
  217  request assistance within 120 days after the termination of
  218  orders for such service and return to their home of record.
  219         2. Deployed by the Federal Government and participating in
  220  state operations for homeland defense or request assistance
  221  within 120 days after the termination of orders for such service
  222  and return to their home of record.
  223         (b)1.As used in this subsection, the term “beneficiary”
  224  means the current spouse, dependent children, or other
  225  beneficiaries as designated in the servicemember’s service
  226  component records Beneficiaries of an eligible servicemember
  227  designated on United States Department of Defense Form 93.
  228         2. Individuals demonstrating a financial need for
  229  authorized assistance who are dependents or family members of an
  230  eligible servicemember.
  231         (5) REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.—
  232         (a) A request for assistance must shall be reviewed, and
  233  processed, and approved by the Florida National Guard
  234  Foundation’s board of directors at the local level by an
  235  official designated by the Adjutant General. During the initial
  236  review and processing of the request, the Department of Military
  237  Affairs may accept assistance from the direct-support
  238  organization. Final review and approval of requests for
  239  assistance shall be made by the Department of Military Affairs.
  240         (b) Requests for assistance must shall be reviewed and
  241  evaluated based on the following criteria:
  242         1. The impact of a servicemember’s financial situation
  243  absence and inability to provide quality of life and other
  244  qualifying life-impacting assist in home and vehicle repairs or
  245  meet other family needs;
  246         2. The economic impact of deployment;
  247         3.The overall financial situation of the applicant;
  248         4. The assistance authorized under the program; and
  249         3.5.Any other consideration dictated in the bylaws of the
  250  Florida National Guard Foundation Other relevant information.
  251         (6) ANNUAL QUARTERLY FINANCIAL REVIEW.—The financial
  252  committee of the board of directors of the direct-support
  253  organization shall review financial transactions of the program
  254  each quarter. The board of directors also must ensure an annual
  255  external audit is completed and published on the publicly
  256  available website of the direct-support organization. This audit
  257  must review shall be provided to the Department of Military
  258  Affairs in order to determine whether the direct-support
  259  organization is being operated in a manner that is consistent
  260  with the purposes of the Soldiers and Airmen Assistance Fund,
  261  and in the best interests of the department. The financial
  262  committee may request the Office of Inspector General to conduct
  263  additional reviews.
  264         (7) ANNUAL BYLAW REVIEW.—The board of directors of the
  265  direct-support organization shall annually review its bylaws
  266  that govern the Soldiers and Airmen Assistance Program. This
  267  review shall be provided in a report to the Department of
  268  Military Affairs and subject to approval by the Adjutant
  269  General.
  270         Section 9. For the purpose of incorporating the amendment
  271  made by this act to section 115.01, Florida Statutes, in a
  272  reference thereto, section 115.06, Florida Statutes, is
  273  reenacted to read:
  274         115.06 Reassumption of duties.—Upon being mustered out of
  275  the service of the United States, such officer granted leave
  276  under s. 115.01 shall immediately enter into the duties of his
  277  or her office for the remainder of the term for which he or she
  278  was elected.
  279         Section 10. This act shall take effect July 1, 2026.