The Florida Senate

250.36  Mandates and process.--

(1)  Military courts may issue all process and mandates, including writs, warrants, and subpoenas, necessary and proper to carry into full effect the powers vested in said courts. Such mandates and process may be directed to the sheriff of any county and shall be in such form as may, from time to time, be prescribed and published by the Adjutant General in the rules and regulations issued by him or her under this chapter. All officers to whom such mandates and process are directed shall execute the same and make returns of their acts thereunder, according to the requirements of the form of process. Any sheriff or other officer who shall neglect or refuse to perform the duty enjoined upon him or her by this chapter shall be subject to the same liabilities, penalties, and punishments as are prescribed by the law for neglect or refusal to perform any other duty of his or her office.

(2)  When not in the active service of the United States, the Adjutant General and military judges of the Florida National Guard may:

(a)  Execute a pretrial confinement warrant directing the sheriff of any county to hold an accused who has failed to appear for court-martial for a period of 48 hours. The Adjutant General may extend such pretrial confinement for a period not to exceed 15 days;

(b)  Issue subpoenas and subpoenas duces tecum and enforce by attachment the attendance of witnesses and the production of books and papers; and

(c)  Sentence for a refusal to be sworn or to answer as provided in actions before civil courts.

Such warrants, subpoenas, and other process shall run throughout the state as in the trial of civil actions in the circuit courts of the state.

(3)  The Adjutant General or military judge may issue warrants, directed to the sheriff of any county in the state, directing the sheriff to arrest the accused and to bring the accused before the court for trial whenever any such accused shall have disobeyed an order in writing, such order having been delivered to the accused in person or mailed to the accused's last known address from the convening authority to appear before such courts, a copy of the charges having been delivered to the accused with such orders.

(4)  When a sentence of confinement is imposed by any court-martial of the Florida National Guard, the Adjutant General or the Adjutant General's designee whose approval makes effective the sentence imposed by the court-martial shall issue his or her warrant directing the sheriff of the appropriate county to take the delinquent into custody and confine him or her in the jail of such county for the period specified in the sentence of the court. Any sheriff receiving such warrant shall promptly execute the same by taking the delinquent into custody and causing him or her to be confined in said jail. The sheriff or jailer in charge of any county jail shall receive any person committed for confinement in such jail under proper process from a court-martial, and provide for the care, subsistence, and safekeeping of such prisoner just as the sheriff or jailer would a prisoner properly committed for custody under the sentence of any civil court.

(5)  All sums of money collected through fines adjudged by a general, special, or summary court-martial or through the imposition of nonjudicial punishment, of the Florida National Guard shall be paid over at once by the officer collecting the fine to the commanding officer of the organization to which the member belongs and be deposited in accordance with s. 250.40(6)(a)1.

History.--ss. 50, 52, ch. 8502, 1921; ss. 9, 11, ch. 9337, 1923; s. 8, ch. 10185, 1925; CGL 2063, 2065; s. 1, ch. 25112, 1949; s. 22, ch. 73-334; s. 3, ch. 85-168; s. 1, ch. 88-297; s. 5, ch. 92-86; s. 111, ch. 95-148.

Note.--Former ss. 250.57, 250.59.