The Florida Senate

250.10  Appointment and duties of the Adjutant General.--

(1)  In case of a vacancy, the Governor shall, subject to confirmation by the Senate, appoint a federally recognized officer of the Florida National Guard who shall have served therein as such for the preceding 5 years and attained the rank of colonel or higher, to be the Adjutant General of the state with the rank of not less than brigadier general or such higher rank as may be authorized by applicable tables of organization of the Department of the Army. The Adjutant General and all other officers of the Florida National Guard on permanent duty with the Department of Military Affairs and who are paid from state funds shall receive the pay and allowances of their respective grade as prescribed by applicable pay tables of the national military establishment for similar grade and period of service of personnel, unless a different rate of pay and allowances be specified in the appropriation bill, in which event such pay shall be the amount therein specified. An officer, with his or her consent, may be ordered to active state service for administrative duty with the Department of Military Affairs at a grade lower than the officer currently holds.

(2)  The Adjutant General of the state shall be the Chief of the Department of Military Affairs. He or she shall:

(a)  Supervise the receipt, preservation, repair, distribution, issue, and collection of all arms and military stores of the state.

(b)  Supervise all troops, arms, and branches of the militia, such supervisory powers covering primarily all duties pertaining to their organization, armament, discipline, training, recruiting, inspection, instruction, pay, subsistence, and supplies.

(c)  Maintain records of all officers and men and women of the organized militia, and keep on file in the Adjutant General's office, copies of all orders, reports, and communications received and issued by him or her.

(d)  Cause the law and orders relating to the militia of Florida to be indexed, printed, and bound, and prepare and publish blank books, forms, and stationery when necessary, and furnish them at the expense of the state.

(e)1.  Prepare and publish by order of the Governor such orders, rules and regulations, consistent with law, as are necessary to bring the organization, armament, equipment, training, and discipline of the Florida National Guard to a state of efficiency as nearly as possible to that of the regular United States Army and Air Force, and the Adjutant General shall attest all orders of the commander in chief relating to the militia.

2.  Establish by directive an organized and supervised physical fitness program for state active duty personnel of the Department of Military Affairs, provided that the program does not exceed 1 hour per day, for a maximum of 3 hours per week, and originates and terminates at the normal work site. All fees, membership dues, equipment, and clothing relating to such physical fitness program shall be at no cost to the state. Administrative leave, not to exceed 3 hours per week, shall be provided by the department to all state active duty personnel participating in the physical fitness program.

(f)  Prepare such reports and returns as the Secretary of Defense may prescribe and require.

(g)  Provide military police or security guards to secure or guard any state military reservation or armory that the Adjutant General finds necessary to secure or guard.

(h)  Perform such other duties as may be required of the Adjutant General by the commander in chief.

(i)  The Adjutant General may employ such clerical help as is necessary for the proper conduct of the Department of Military Affairs, and he or she is authorized to accept such clerical, technical, or other assistants as may be provided by the Federal Government.

(j)  Establish and maintain as part of the Adjutant General's office a repository of records of the services of Florida troops, including Florida officers and enlisted personnel, during all wars, and shall be the custodian of all records, relics, trophies, colors, and histories relating to such wars, now in possession of or which may be acquired by the state.

(k)  The Adjutant General shall have a seal of office, to be approved by the commander in chief, and all copies of papers in his or her office, duly certified and authenticated under the said seal, shall be admissible in evidence in all cases in like manner as if the original were produced.

(l)  The Adjutant General shall, upon request, provide a summary to the Governor on the number and condition of the organized militia, and the number and condition of the arms and accouterments in the custody of the state, and shall transmit to the Governor at said time a detailed report of all funds and moneys received and disbursed by the Department of Military Affairs. The Adjutant General may also make such recommendations as to needed legislation as he or she may deem proper.

(3)  There shall be furnished suitable buildings for conducting the business of the Department of Military Affairs and for the proper storage, repair and issuance of military property.

(4)  The Adjutant General shall employ a federally recognized officer of the Florida National Guard who shall have served therein as such for the preceding 5 years and have obtained the rank of colonel or higher, to be the Assistant Adjutant General for Army who shall perform such duties as the Adjutant General may require.

¹(5)  The Adjutant General shall employ a federally recognized officer of the Florida National Guard as the state quartermaster who under the direction of the Adjutant General is accountable for all funds accruing to the Department of Military Affairs and shall receive, preserve, repair, issue, distribute, and account for all Department of Military Affairs property, including real estate pertaining to the State Armory Board, and shall construct, maintain, improve, and repair facilities pertaining to the Department of Military Affairs and the armory board. The state quartermaster will be the recorder of the armory board and will perform such other duties as may be required of him or her by the Adjutant General.

(6)  The Adjutant General shall employ a federally recognized officer of the Florida National Guard, who shall have served therein as such for the preceding 5 years and have attained the rank of colonel or higher, to be the Assistant Adjutant General for Air who shall perform such duties as the Adjutant General may require.

(7)  The Adjutant General and representatives of the Board of Regents, the State Board of Community Colleges, and the State Board of Education shall design and develop a tuition assistance program for members in good standing of the active Florida National Guard who enroll in a public institution of higher learning in the state in accordance with the provisions of subsection (8).

(a)  The program shall set forth application requirements which include, but are not limited to, requirements that the applicant shall:

1.  Be 17 years of age or older.

2.  Be presently domiciled in the state.

3.  Be a member in good standing in the active Florida National Guard at the beginning of and throughout the entire academic term for which benefits are received.

4.  Maintain continuous satisfactory participation in the active Florida National Guard for any school term for which exemption benefits are received.

5.  Agree in writing to serve in the active Florida National Guard for 3 years after completion of the studies for which an exemption is granted.

(b)  The program shall include, but not be limited to, the following penalties:

1.  When a member of the active Florida National Guard receives an exemption from tuition and fees for any academic term and fails to maintain satisfactory participation in the Florida National Guard during such academic term, the exemption shall immediately be forfeited and the member shall be required to pay to the institution all tuition charges and student fees for the current academic term for which the exemption has been granted.

2.  When a member of the active Florida National Guard leaves the Florida National Guard during the 3-year period such member had agreed to serve after completing the courses for which exemptions were granted, the member shall be required to reimburse the state for all tuition charges and student fees for which such member received exemptions, unless the Adjutant General determines there are justifiable extenuating circumstances.

3.  If the service of a member of the active Florida National Guard is terminated or the member is placed on scholastic probation while receiving exemption benefits, the exemption shall be immediately forfeited and the member shall pay to the institution all tuition charges and student fees for the current academic term for which the member has received an exemption.

(c)  The program shall define those members of the active Florida National Guard ineligible to participate in the program and those courses of study not authorized for the program.

1.  Such members shall include, but not be limited to:

a.  Any member, commissioned officer or warrant officer or enlisted person, who has a baccalaureate degree.

b.  Any member who has 15 years or more of total military service creditable toward retirement.

c.  Any member who has not completed basic military training.

2.  Courses not authorized include noncredit courses, courses which do not meet degree requirements, or courses which do not meet requirements for completion of vocational-technical training.

(d)  The Adjutant General, together with the Board of Regents, the State Board of Community Colleges, and the State Board of Education, shall promulgate rules for the overall policy, guidance, administration, implementation, and proper utilization of the program. Such rules shall include, but not be limited to, guidelines for certification by the Adjutant General of a guard member's eligibility, procedures for notification to an institution of a guard member's termination of eligibility, and procedures for restitution when a guard member fails to comply with the penalties described in paragraph (b).

(8)  The Department of Military Affairs is authorized to administer an educational tuition assistance program for members of the Florida National Guard who qualify pursuant to subsection (7).

(a)  Members of the Florida National Guard shall be exempt from payment of one-half of tuition and fees subject to the following limitations:

1.  Participation in the program shall not exceed a period of 10 years from the date of enrollment in the tuition assistance program, or shall continue until graduation or termination of the full-time or part-time student, whichever occurs earlier.

2.  Florida National Guard members shall be admitted on a space-available basis.

(b)  Notwithstanding paragraph (a) and subject to appropriations, the Department of Military Affairs may pay the full cost of tuition and fees for required courses for members of the Florida National Guard if a member is unable to obtain admittance on a space-available basis and, at least on one previous occasion, the member was denied admission to the required course.

(c)  Subject to appropriations, the Department of Military Affairs may pay the full cost of tuition and fees for required courses for members of the Florida National Guard who enlist after June 30, 1997.

History.--ss. 10, 101/2, 12, 13, ch. 8502, 1921; s. 2, ch. 10185, 1925; CGL 2021, 2022, 2024, 2025; s. 4, ch. 20849, 1941; s. 1, ch. 25112, 1949; s. 83, ch. 73-333; s. 5, ch. 77-85; s. 114, ch. 79-400; s. 1, ch. 86-239; s. 2, ch. 90-165; s. 1, ch. 91-302; s. 2, ch. 92-86; s. 1, ch. 94-229; s. 838, ch. 95-148; s. 24, ch. 95-196; s. 1, ch. 95-422; s. 8, ch. 97-100; ss. 1, 2, ch. 97-158; s. 28, ch. 98-34; s. 1, ch. 98-179.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

Note.--Former ss. 250.11, 250.12, 250.14, 250.15.