CS for SB 474                                    First Engrossed
       
       
       
       
       
       
       
       
       2026474e1
       
    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.; revising the list of
   25         military positions required to participate in the
   26         Senior Management Service Class of the Florida
   27         Retirement System; amending s. 250.10, F.S.; deleting
   28         a requirement that the Adjutant General administer
   29         youth About Face programs and adult Forward March
   30         programs; deleting provisions governing the programs;
   31         amending s. 250.116, F.S.; revising eligibility for
   32         the Soldiers and Airmen Assistance Program to include
   33         traditional drilling guardsmen on state active duty or
   34         on Title 32 United States Code duty and their eligible
   35         beneficiaries experiencing valid financial need;
   36         defining the term “beneficiary”; revising the review
   37         process for requests for assistance to be reviewed,
   38         processed, and approved by the Florida National Guard
   39         Foundation’s board of directors; revising the criteria
   40         to review and evaluate requests for assistance;
   41         requiring an annual external audit of the program;
   42         requiring the board of directors to review annually
   43         the bylaws that govern the program; requiring the
   44         board of directors to provide a report to the
   45         Department of Military Affairs to be approved by the
   46         Adjutant General; reenacting s. 115.06, F.S., relating
   47         to resumption of duties for officers returning from
   48         the service of the United States, to incorporate the
   49         amendment made to s. 115.01, F.S., in a reference
   50         thereto; providing an effective date.
   51          
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Section 115.01, Florida Statutes, is amended to
   55  read:
   56         115.01 Leave of absence for military service.—Any county or
   57  state official of the state, subject to the provisions and
   58  conditions hereinafter set forth, may be granted leave of
   59  absence from his or her office, to serve in the volunteer forces
   60  of the United States, or in the National Guard of any state, or
   61  in the regular Army, Navy, Air Force, Marine Corps, Coast Guard,
   62  or Space Force of the United States, when the same shall be
   63  called into active service of the United States during war
   64  between the United States and a foreign government.
   65         Section 2. Subsections (1) and (4) of section 115.07,
   66  Florida Statutes, are amended to read:
   67         115.07 Officers and employees’ leaves of absence for
   68  reserve or guard training.—
   69         (1) All officers or employees of the state, of the several
   70  counties of the state, and of the municipalities or political
   71  subdivisions of the state who are commissioned reserve officers
   72  or reserve enlisted personnel in the United States military or
   73  naval service or members of the National Guard or the Florida
   74  State Guard are entitled to leaves of absence from their
   75  respective duties, without loss of vacation leave, pay, time, or
   76  efficiency rating, on all days during which they are engaged in
   77  training ordered under the provisions of the United States
   78  military or naval training regulations or the applicable laws of
   79  this state for such personnel when assigned to active or
   80  inactive duty.
   81         (4) It is the intent of the Legislature that the state, its
   82  several counties, and its municipalities and political
   83  subdivisions shall grant leaves of absence for active or
   84  inactive training to all employees who are members of the United
   85  States Reserve Forces, or the National Guard, or the Florida
   86  State Guard, to ensure the state and national security at all
   87  times through a strong armed force of qualified and
   88  mobilization-ready personnel.
   89         Section 3. Subsection (1) of section 115.08, Florida
   90  Statutes, is amended to read:
   91         115.08 Definitions.—
   92         (1) The term “active military service” as used in this
   93  chapter means shall signify active duty in the Florida State
   94  Guard defense force or federal service in training or on active
   95  duty with any branch of the Armed Forces or Reservists of the
   96  Armed Forces, the Florida National Guard, the Coast Guard of the
   97  United States, and service of all officers of the United States
   98  Public Health Service detailed by proper authority for duty with
   99  the Armed Forces, and includes shall include the period during
  100  which a person in military service is absent from duty on
  101  account of sickness, wounds, leave, or other lawful cause.
  102         Section 4. Section 115.09, Florida Statutes, is amended to
  103  read:
  104         115.09 Leave to public officials for military service.—All
  105  officials of the state, the several counties of the state, and
  106  the municipalities or political subdivisions of the state,
  107  including district school and Florida community College System
  108  officers, which officials are also servicemembers in the
  109  National Guard or a reserve component of the Armed Forces of the
  110  United States, must be granted leave of absence from their
  111  respective offices and duties to perform active military
  112  service, with the first 30 days of any such leave of absence to
  113  be with full pay for active federal military service that is
  114  equal to or greater than 90 consecutive days on a single order.
  115         Section 5. Section 115.14, Florida Statutes, is amended to
  116  read:
  117         115.14 Employees.—All employees of the state, the several
  118  counties of the state, and the municipalities or political
  119  subdivisions of the state, including district school and Florida
  120  College System employees, must be granted leave of absence under
  121  the terms of this law; upon such leave of absence being granted,
  122  such employee must enjoy the same rights and privileges as are
  123  granted to officials under this law, including, without
  124  limitation, receiving full pay for the first 30 days for federal
  125  military service that is equal to or greater than 90 consecutive
  126  days on a single order. Notwithstanding s. 115.09, the employing
  127  authority may supplement the military pay of its officials and
  128  employees who are reservists called to active military service
  129  after the first 30 days in an amount necessary to bring their
  130  total salary, inclusive of their base military pay, to the level
  131  earned at the time they were called to active military duty. The
  132  employing authority shall continue to provide all health
  133  insurance and other existing benefits to such officials and
  134  employees as required by the Uniformed Services Employment and
  135  Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
  136         Section 6. Paragraph (g) of subsection (1) of section
  137  121.055, Florida Statutes, is amended to read:
  138         121.055 Senior Management Service Class.—There is hereby
  139  established a separate class of membership within the Florida
  140  Retirement System to be known as the “Senior Management Service
  141  Class,” which shall become effective February 1, 1987.
  142         (1)
  143         (g) Effective July 1, 1996, participation in the Senior
  144  Management Service Class shall be compulsory for any member of
  145  the Florida Retirement System employed with the Department of
  146  Military Affairs in the uniformed positions of the Adjutant
  147  General, Assistant Adjutant General-Army, Assistant Adjutant
  148  General-Air, and State Quartermaster, Director of Human
  149  Resources, Director of Legislative Affairs, Inspector General,
  150  Executive Officer, and two positions of Special Projects Officer
  151  of the Florida National Guard additional directors as designated
  152  by the agency head, not to exceed a total of 10 positions. In
  153  lieu of participation in the Senior Management Service Class,
  154  such members may participate in the Senior Management Service
  155  Optional Annuity Program as established in subsection (6).
  156         Section 7. Paragraph (m) of subsection (2) of section
  157  250.10, Florida Statutes, is amended to read:
  158         250.10 Appointment and duties of the Adjutant General.—
  159         (2) The Adjutant General shall:
  160         (m) Subject to annual appropriations, administer youth
  161  About Face programs and adult Forward March programs at sites to
  162  be selected by the Adjutant General. Both programs must provide
  163  schoolwork assistance, focusing on the skills needed to master
  164  basic high school competencies and functional life skills,
  165  including teaching students to work effectively in groups;
  166  providing basic instruction in computer skills; teaching basic
  167  problem-solving, decisionmaking, and reasoning skills; teaching
  168  how the business world and free enterprise work through computer
  169  simulations; and teaching home finance and budgeting and other
  170  daily living skills.
  171         1. About Face is a summer and year-round after-school life
  172  preparation program for economically disadvantaged and at-risk
  173  youths from 13 through 17 years of age. The program must provide
  174  training in academic study skills, and the basic skills that
  175  businesses require for employment consideration.
  176         2. Forward March is a job-readiness program for
  177  economically disadvantaged participants who are directed to
  178  Forward March by the local workforce development boards. The
  179  Forward March program shall provide training on topics that
  180  directly relate to the skills required for real-world success.
  181  The program shall emphasize functional life skills, computer
  182  literacy, interpersonal relationships, critical-thinking skills,
  183  business skills, preemployment and work maturity skills, job
  184  search skills, exploring careers activities, how to be a
  185  successful and effective employee, and some job-specific skills.
  186  The program also shall provide extensive opportunities for
  187  participants to practice generic job skills in a supervised work
  188  setting. Upon completion of the program, Forward March shall
  189  return participants to the local workforce development boards
  190  for placement in a job placement pool.
  191         Section 8. Subsections (4), (5), and (6) of section
  192  250.116, Florida Statutes, are amended, and subsection (7) is
  193  added to that section, to read:
  194         250.116 Soldiers and Airmen Assistance Program.—
  195         (4) ELIGIBILITY.—Persons eligible for assistance from the
  196  program include:
  197         (a) Persons eligible for assistance from the program
  198  include servicemembers who are members of the Florida National
  199  Guard who are:
  200         1.traditional drilling guardsmen on state active duty or
  201  on Title 32 United States Code duty, who otherwise do not
  202  qualify for the assistance programs available to servicemembers
  203  serving under Title 10 United States Code, and who demonstrate
  204  valid financial need, and their eligible beneficiaries, and such
  205  persons are authorized to apply for and receive financial
  206  assistance from the program, as administered by the Florida
  207  National Guard Foundation’s board of directors and its governing
  208  bylaws, contingent upon the availability of funds serving in the
  209  Global War on Terrorism or Overseas Contingency Operation or who
  210  request assistance within 120 days after the termination of
  211  orders for such service and return to their home of record.
  212         2. Deployed by the Federal Government and participating in
  213  state operations for homeland defense or request assistance
  214  within 120 days after the termination of orders for such service
  215  and return to their home of record.
  216         (b)1.As used in this subsection, the term “beneficiary”
  217  means the current spouse, dependent children, or other
  218  beneficiaries as designated in the servicemember’s service
  219  component records Beneficiaries of an eligible servicemember
  220  designated on United States Department of Defense Form 93.
  221         2. Individuals demonstrating a financial need for
  222  authorized assistance who are dependents or family members of an
  223  eligible servicemember.
  224         (5) REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.—
  225         (a) A request for assistance must shall be reviewed, and
  226  processed, and approved by the Florida National Guard
  227  Foundation’s board of directors at the local level by an
  228  official designated by the Adjutant General. During the initial
  229  review and processing of the request, the Department of Military
  230  Affairs may accept assistance from the direct-support
  231  organization. Final review and approval of requests for
  232  assistance shall be made by the Department of Military Affairs.
  233         (b) Requests for assistance must shall be reviewed and
  234  evaluated based on the following criteria:
  235         1. The impact of a servicemember’s financial situation
  236  absence and inability to provide quality of life and other
  237  qualifying life-impacting assist in home and vehicle repairs or
  238  meet other family needs;
  239         2. The economic impact of deployment;
  240         3.The overall financial situation of the applicant;
  241         4. The assistance authorized under the program; and
  242         3.5.Any other consideration dictated in the bylaws of the
  243  Florida National Guard Foundation Other relevant information.
  244         (6) ANNUAL QUARTERLY FINANCIAL REVIEW.—The financial
  245  committee of the board of directors of the direct-support
  246  organization shall review financial transactions of the program
  247  each quarter. The board of directors also must ensure an annual
  248  external audit is completed and published on the publicly
  249  available website of the direct-support organization. This audit
  250  must review shall be provided to the Department of Military
  251  Affairs in order to determine whether the direct-support
  252  organization is being operated in a manner that is consistent
  253  with the purposes of the Soldiers and Airmen Assistance Fund,
  254  and in the best interests of the department. The financial
  255  committee may request the Office of Inspector General to conduct
  256  additional reviews.
  257         (7) ANNUAL BYLAW REVIEW.—The board of directors of the
  258  direct-support organization shall annually review its bylaws
  259  that govern the Soldiers and Airmen Assistance Program. This
  260  review shall be provided in a report to the Department of
  261  Military Affairs and subject to approval by the Adjutant
  262  General.
  263         Section 9. For the purpose of incorporating the amendment
  264  made by this act to section 115.01, Florida Statutes, in a
  265  reference thereto, section 115.06, Florida Statutes, is
  266  reenacted to read:
  267         115.06 Reassumption of duties.—Upon being mustered out of
  268  the service of the United States, such officer granted leave
  269  under s. 115.01 shall immediately enter into the duties of his
  270  or her office for the remainder of the term for which he or she
  271  was elected.
  272         Section 10. This act shall take effect July 1, 2026.