The Florida Senate

250.31  Liability of members of the organized militia; defense of actions or proceedings.--

(1)  Members of the organized militia ordered into the active service of the state or ordered into federal training or duty shall not be liable, civilly or criminally, for any lawful act or acts done by them in the performance of their duty, while acting in good faith and while acting in the scope of either state or federal duty. For purposes of this section, Florida National Guard personnel serving in any drug interdiction program under the authority of the Governor shall be considered to be in the active service of the state.

(2)  In any action or proceeding of any nature, civil or criminal, commenced in any court by any person or by the state against any member of the organized militia because of any such act done or caused, ordered, or directed to be done, the defendant in such action or proceeding, upon his or her request, shall be defended at the expense of the state by a qualified attorney or attorneys designated by the Department of Legal Affairs. However, nothing in this section shall prohibit any such defendant from employing his or her own private counsel at the defendant's own expense.

(3)  Such defendant may be ordered to state active duty with full pay and allowances for such time as his or her presence is required in defense of such actions or proceedings.

(4)  In any such action or proceeding, in the event that the plaintiff shall dismiss his or her suit, or a verdict or judgment in favor of the defendant or defendants is entered, the court shall award costs and reasonable attorney's fees incurred by the state and the defendant in the defense of such action or proceeding.

History.--s. 35, ch. 8502, 1921; CGL 2047; s. 1, ch. 25112, 1949; s. 1, ch. 73-92; s. 1, ch. 87-379; s. 13, ch. 91-139; s. 1, ch. 91-259; s. 107, ch. 95-148.

Note.--Former s. 250.41.