Florida Senate - 2021 SB 770 By Senator Burgess 20-00714-21 2021770__ Page 1 of 24 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to military affairs; amending s. 2 110.205, F.S.; deleting a provision requiring that 3 certain military personnel have the same salary and 4 benefits as career service employees; amending s. 5 121.055, F.S.; revising the list of positions in the 6 Department of Military Affairs subject to compulsory 7 membership in the Senior Management Service Class of 8 the Florida Retirement System; amending s. 250.10, 9 F.S.; modifying minimum qualifications and duties of 10 the Adjutant General; modifying the minimum 11 qualifications for additional officers appointed by 12 the Adjutant General; amending s. 250.35, F.S.; 13 designating the provisions of ch. 250, F.S., and the 14 Uniform Code of Military Justice as the Florida Code 15 of Military Justice; specifying that a court-martial 16 is an administrative procedure under the executive 17 branch of state government; revising procedures 18 applicable to various court-martial proceedings; 19 revising the types of punishments a person found 20 guilty in a court-martial proceeding is subject to; 21 authorizing certain commanders to suspend punishment, 22 subject to specified limitations; authorizing Florida 23 National Guard regulations to provide for nonjudicial 24 punishment; specifying the authority of certain 25 commanders to reduce grades of enlisted personnel, 26 subject to specified limitations; modifying procedures 27 governing appeals of a court-martial finding and 28 sentence; amending s. 250.351, F.S.; revising 29

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 2 of 24 CODING: Words stricken are deletions; words underlined are additions. provisions governing the applicability of ch. 250, 30 F.S., and the Florida Code of Military Justice; 31 specifying conditions under which subject matter 32 jurisdiction is established in certain cases; amending 33 s. 250.36, F.S.; authorizing the Adjutant General, the 34 Adjutant General’s designee, or a military judge to 35 issue and execute search authorizations under 36 specified circumstances; amending s. 250.375, F.S.; 37 revising authorization for certain physicians serving 38 as medical officers with, or in support of, the 39 Florida National Guard to practice medicine under 40 certain circumstances; amending s. 250.40, F.S.; 41 revising the composition of the Armory Board; 42 authorizing board members to request excusal from an 43 Armory Board meeting; providing for the designation of 44 an alternate board member in the event of an excusal; 45 modifying a provision governing the length of the term 46 of board members; conforming a cross-reference; 47 providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51

Section 1. Paragraph (

p) of subsection (2) of

section 52 110.205, Florida Statutes, is amended to read: 53 110.205 Career service; exemptions.— 54

(2) EXEMPT POSITIONS.—The exempt positions that are not 55 covered by this

part include the following: 56 (p)1. All military personnel of the Department of Military 57 Affairs. Unless otherwise fixed by law, the salary and benefits 58

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 3 of 24 CODING: Words stricken are deletions; words underlined are additions. for such military personnel shall be set by the Department of 59 Military Affairs in accordance with the appropriate military pay 60 schedule. 61 2. The military police chiefs, military police officers, 62 firefighter trainers, firefighter-rescuers, and electronic 63 security system technicians shall have salary and benefits the 64 same as career service employees. 65

Section 2. Paragraph (

g) of subsection (1) of

section 66 121.055, Florida Statutes, is amended to read: 67 121.055 Senior Management Service Class.—There is hereby 68 established a separate class of membership within the Florida 69 Retirement System to be known as the “Senior Management Service 70 Class,” which shall become effective February 1, 1987. 71 (1) 72 (

g) Effective July 1, 1996, participation in the Senior 73 Management Service Class is shall be compulsory for any member 74 of the Florida Retirement System employed with the Department of 75 Military Affairs in the positions of the Adjutant General, 76 Assistant Adjutant General-Army, Assistant Adjutant General-Air, 77 State Quartermaster, Director of Human Resources, Director of 78 Legislative Affairs, Inspector General, Executive Officer 79 Military Personnel, Director of Administration, and additional 80 directors as designated by the agency head, not to exceed a 81 total of 10 positions.

In lieu of participation in the Senior 82 Management Service Class, such members may participate in the 83 Senior Management Service Optional Annuity Program as 84 established in subsection (6) if enrolled in the program before 85 July 1, 2017. 86

Section 3. Subsections (1), (2), (4), and (5) of

section 87

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 4 of 24 CODING: Words stricken are deletions; words underlined are additions. 250.10, Florida Statutes, are amended to read: 88 250.10 Appointment and duties of the Adjutant General.— 89

(1) In case of a vacancy, the Governor shall, subject to 90 confirmation by the Senate, appoint a federally recognized 91 officer of the Florida National Guard, who has served in the 92 Florida National Guard for at least the preceding 5 years and 93 attained the rank of colonel or higher, to be the Adjutant 94 General of the state with the rank of not less than brigadier 95 general or such higher rank as authorized by applicable tables 96 of organization of the Department of the Army or the Department 97 of the Air Force.

The Adjutant General and all other military 98 personnel of the Florida National Guard on full-time military 99 duty with the Department of Military Affairs, except military 100 police and firefighters, who are paid from state funds shall 101 receive the pay and allowances of their respective grade as 102 prescribed by applicable pay tables of the national military 103 establishment for similar grade and period of service of 104 personnel, unless a different rate of pay and allowances is 105 specified in an appropriation act of the Legislature.

An 106 officer, with his or her consent, may be ordered to state active 107 duty for administrative duty with the Department of Military 108 Affairs at a grade lower than the officer currently holds. 109

(2) The Adjutant General shall: 110 (

a) Serve as the commanding general of Florida’s organized 111 militia. 112 (

b) Supervise the receipt, preservation, repair, 113 distribution, issue, and collection of all arms and military 114 equipment of the state. 115 (c)(

b) Supervise all troops and branches of the Florida 116

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 5 of 24 CODING: Words stricken are deletions; words underlined are additions. National Guard, including their organization, armament, 117 discipline, training, recruiting, inspection, instruction, pay, 118 subsistence, and supplies. 119 (d)(

c) Maintain records of all military personnel of the 120 Florida National Guard, and maintain copies of all orders, 121 reports, and communications received and issued by him or her. 122 (e)(

d) Cause the law and orders relating to the Florida 123 National Guard to be indexed, printed, and bound, and prepare 124 and publish blank books, forms, and stationery when necessary, 125 and furnish them at the expense of the state. 126 (f)1.(e)1.

Prepare and publish by order of the Governor 127 orders, rules, and regulations, consistent with law, to bring 128 the organization, armament, equipment, training, and discipline 129 of the Florida National Guard to a state of efficiency as near 130 as possible to that of the regular United States Army and Air 131 Force, and the Adjutant General shall attest all orders of the 132 commander in chief relating to the Florida National Guard. 133 2.

Establish by directive an organized and supervised 134 physical fitness program for military personnel of the 135 Department of Military Affairs, provided that the program does 136 not exceed 1 hour per day, for a maximum of 3 hours per week, 137 and originates and terminates at the normal worksite. All fees, 138 membership dues, equipment, and clothing relating to such 139 physical fitness program shall be at no cost to the state. 140 Administrative leave, not to exceed 3 hours per week, shall be 141 provided by the department to all personnel authorized to 142 participate in the physical fitness program. 143 3.

Establish by directive a post exchange store for members 144 of the Florida National Guard, their families, guests, and other 145

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 6 of 24 CODING: Words stricken are deletions; words underlined are additions. authorized users. The post exchange store shall be located at 146 the Camp Blanding Training Site. The primary purpose of the 147 store is to provide for the morale, recreation, and welfare of 148 all servicemembers training at the Camp Blanding Training Site. 149 The operation of the post exchange store must be in accordance 150 with state and federal laws, rules, and regulations.

Profits of 151 the post exchange store, if any, shall be deposited in the Camp 152 Blanding Management Trust Fund and shall be used to enhance the 153 facilities and services provided by the Camp Blanding Training 154 Site. The Adjutant General may establish an account with a 155 federally insured financial institution in the state to 156 facilitate the operations of the post exchange store. 157 (g)(

f) Prepare reports required by the Secretary of 158 Defense. 159 (h)(

g) Perform other duties required of the Adjutant 160 General by the commander in chief. 161 (i)(

h) Employ personnel as necessary for the proper conduct 162 of the Department of Military Affairs. The Adjutant General may 163 accept personnel provided by the Federal Government. 164 (j)(

i) Establish and maintain as part of the Adjutant 165 General’s office a repository of records of the services of 166 Florida troops during all wars, and be the custodian of all 167 records, relics, trophies, colors, and histories relating to 168 such wars which are possessed or acquired by the state. 169 (k)(

j) Maintain a seal of office, approved by the commander 170 in chief, and all copies of papers in his or her office, duly 171 certified and authenticated under the seal, are admissible in 172 evidence in all cases in like manner as if the original were 173 produced. 174

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 7 of 24 CODING: Words stricken are deletions; words underlined are additions. (l)(

k) Provide, upon request, a

summary to the Governor on 175 the number and condition of the Florida National Guard and the 176 number and condition of the arms and property in the custody of 177 the state, and transmit to the Governor at that time a detailed 178 report of all funds and moneys received and disbursed by the 179 Department of Military Affairs. The Adjutant General may also 180 recommend needed legislation as he or she deems proper. 181 (m)(

l) Subject to annual appropriations, administer youth 182 About Face programs and adult Forward March programs at sites to 183 be selected by the Adjutant General.

Both programs must provide 184 schoolwork assistance, focusing on the skills needed to master 185 basic high school competencies and functional life skills, 186 including teaching students to work effectively in groups; 187 providing basic instruction in computer skills; teaching basic 188 problem-solving, decisionmaking, and reasoning skills; teaching 189 how the business world and free enterprise work through computer 190 simulations; and teaching home finance and budgeting and other 191 daily living skills. 192 1.

About Face is a summer and year-round after-school life-193 preparation program for economically disadvantaged and at-risk 194 youths from 13 through 17 years of age. The program must provide 195 training in academic study skills, and the basic skills that 196 businesses require for employment consideration. 197 2. Forward March is a job-readiness program for 198 economically disadvantaged participants who are directed to 199 Forward March by the local workforce development boards.

The 200 Forward March program shall provide training on topics that 201 directly relate to the skills required for real-world success. 202 The program shall emphasize functional life skills, computer 203

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 8 of 24 CODING: Words stricken are deletions; words underlined are additions. literacy, interpersonal relationships, critical-thinking skills, 204 business skills, preemployment and work maturity skills, job-205 search skills, exploring careers activities, how to be a 206 successful and effective employee, and some job-specific skills. 207 The program also shall provide extensive opportunities for 208 participants to practice generic job skills in a supervised work 209 setting.

Upon completion of the program, Forward March shall 210 return participants to the local workforce development boards 211 for placement in a job placement pool. 212 (n)(

m) Order troops to state active duty for training, 213 subject to approved appropriations or grants. 214 (o)(

n) Issue decorations and awards pursuant to military 215 regulations and instructions. 216 (4)(

a) The Adjutant General shall, subject to confirmation 217 by the Senate, employ a federally recognized officer of the 218 Florida National Guard, who has served in the Florida Army Guard 219 for at least 3 the preceding 5 years and attained the rank of 220 colonel or higher at the time of appointment, to be the 221 Assistant Adjutant General for Army. 222 (

b) The Adjutant General may, subject to confirmation by 223 the Senate, employ an additional, federally recognized officer 224 of the Florida National Guard, who has served in the Florida 225 Army Guard for at least 3 the preceding 5 years and attained the 226 rank of colonel or higher at the time of appointment, to be a 227 second Assistant Adjutant General for Army. 228 229 Each officer shall perform the duties required by the Adjutant 230 General. 231

(5) The Adjutant General shall, subject to confirmation by 232

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 9 of 24 CODING: Words stricken are deletions; words underlined are additions. the Senate, employ a federally recognized officer of the Florida 233 National Guard, who has served in the Florida Air Guard for at 234 least 3 the preceding 5 years and attained the rank of colonel 235 or higher at the time of appointment, to be the Assistant 236 Adjutant General for Air. The officer shall perform the duties 237 required by the Adjutant General. 238

Section

Section 250.35, Florida Statutes, is amended to 239 read: 240 250.35 Florida Code of Military Justice Courts-martial.— 241

(1) The Uniform Code of Military Justice (UCMJ), 10 U.S.C. 242 ss. 801 et seq., and the Manual for Courts-Martial (2019 2012 243 Edition) are adopted for use by the Florida National Guard, 244 except as otherwise provided by this chapter. The UCMJ, together 245 with the provisions of this chapter, shall be referred to as the 246 Florida Code of Military Justice (FCMJ). 247

(2) Courts-martial may try a member of the Florida National 248 Guard for any crime or offense made punishable under the FCMJ by 249 the Uniform Code of Military Justice (2012 Edition), except that 250 a commissioned officer, warrant officer, or cadet may not be 251 tried by

summary courts-martial. 252

(3) A court-martial in this state is an administrative 253 procedure of the executive branch and not a court under the 254 control of the judicial branch. 255

(4) Courts-martial in the state consist of shall be of 256 three kinds, namely: general courts-martial, special courts-257 martial, and

summary courts-martial. General courts-martial and 258 special courts-martial shall be tried by a military judge and a 259 panel of officers pursuant to the Manual for Courts-Martial, 260 except as otherwise provided by Florida as designated in 261

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 10 of 24 CODING: Words stricken are deletions; words underlined are additions. applicable National Guard regulations. However, a panel may 262 include enlisted members, at the request of an enlisted person 263 who is accused of a crime or an offense defendant. The military 264 judge in a general court-martial or special court-martial must 265 be qualified by attendance at appropriate Judge Advocate General 266 schools or and must be certified as qualified by the Adjutant 267 General of Florida.

In a general and special court-martial, the 268 accused defendant may waive trial by panel and request trial by 269 military judge alone. The granting of such waiver is shall be in 270 the military judge’s discretion. The military judge in a

summary 271 court-martial must be a commissioned officer who is appointed by 272 the

Summary Courts-Martial Convening Authority or any higher 273 authority. 274 (5)

(4) General courts-martial in the Florida National Guard 275 may be convened by order of the President of the United States, 276 the Governor, or the Adjutant General. This duty may not be 277 delegated. as delegated by the Governor, and Such courts may, 278 upon a finding of guilt, adjudge no punishment or adjudge any 279 one or more of the following punishments: 280 (

a) Confinement in an appropriate penal institution for a 281 period not to exceed 367 days. 282 (

b) Dismissal or discharge from the Florida National Guard 283 with a characterization of service deemed appropriate by the 284 military judge or enlisted members, including a dishonorable or 285 bad conduct discharge. 286 (

c) A fine not to exceed $500 per violation. 287 (

d) Forfeiture of all pay and allowances, or a portion 288 thereof. 289 (

e) Reduction to the lowest or any intermediate pay grade 290

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 11 of 24 CODING: Words stricken are deletions; words underlined are additions. of enlisted persons. 291 (

f) A written reprimand filed in the official military 292 personnel file of the person found guilty adjudge a fine not 293 exceeding $500, confinement not in excess of 200 days; 294 forfeiture of all pay and allowances; reprimand, dismissal, or 295 dishonorable discharge from the service; and reduction to the 296 lowest enlisted grade or any intermediate grade for enlisted 297 personnel. Any two or more of such punishments may be combined 298 in the sentence authorized in this section. 299 (6)

(5) Special courts-martial authorized to adjudicate a 300 bad conduct discharge in When not in the active service of the 301 United States, the commanding officer of each major command of 302 the Florida National Guard or his or her superior commander may 303 be convened by order of commanding officers of the Florida 304 National Guard who are in the accused’s chain of command and 305 hold the rank of colonel, or any person who is authorized to 306 convene a general court-martial convene special courts-martial 307 empowered to adjudicate a bad conduct discharge from the 308 service, subject to the procedural protections provided in 10 309 U.S.C. s. 819.

This duty may not be delegated. Such a court-310 martial may, upon a finding of guilt, adjudge no punishment or 311 adjudge any one or more of the following punishments: 312 (

a) Confinement in an appropriate penal institution for a 313 period not to exceed 100 days. 314 (

b) Discharge from the Florida National Guard with a bad 315 conduct discharge. 316 (

c) A fine not to exceed $400 per violation. 317 (

d) Forfeiture of all pay and allowances, or a portion 318 thereof, for a period not to exceed 1 year. 319

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e) Reduction to the lowest or any intermediate pay grade 320 of enlisted persons. 321 (

f) A written reprimand filed in the official military 322 personnel file of the person found guilty Special courts-martial 323 with bad conduct discharge authority have the same powers of 324 punishment as do general courts-martial, except that fines 325 adjudged by special courts-martial may not exceed $300 and 326 confinement may not exceed 100 days. Special courts-martial with 327 bad conduct discharge authority may adjudicate a bad conduct 328 discharge from the service, but may not adjudicate a dismissal 329 or dishonorable discharge from the service. 330 (7)

(6) Special courts-martial not authorized to adjudicate 331 a bad conduct discharge in the Florida National Guard may be 332 convened by order of the commanding officers of the Florida 333 National Guard who are in the accused’s chain of command and 334 hold the rank of lieutenant colonel, or any person who is 335 authorized to convene a general court-martial or special court-336 martial that is authorized to adjudicate a bad conduct 337 discharge. This duty may not be delegated. Such a court-martial 338 may, upon a finding of guilt, adjudge no punishment or adjudge 339 one or more of the following punishments: 340 (

a) Confinement in an appropriate penal institution for a 341 period not to exceed 100 days. 342 (

b) A fine not to exceed $300 per violation. 343 (

c) Forfeiture of all pay and allowances, or a portion 344 thereof, for a period not to exceed 60 days. 345 (

d) Reduction to the lowest or any intermediate pay grade 346 of enlisted persons. 347 (

e) A written reprimand filed in the official military 348

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 13 of 24 CODING: Words stricken are deletions; words underlined are additions. personnel file of the person found guilty When not in the active 349 service of the United States, the commanding officer of each 350 garrison, fort, post, camp, air base, auxiliary air base, any 351 other place where troops are on duty, division, brigade, group, 352 regiment, battalion, wing, or squadron may convene special 353 courts-martial for his or her command; but such special courts-354 martial may be convened by superior commanders when advisable. 355 Special courts-martial have the same powers of punishment as 356 general courts-martial, except that fines adjudged by special 357 courts-martial may not exceed $300 and confinement may not 358 exceed 100 days, and dismissal or discharge from the service may 359 not be adjudicated. 360 (8)

(7) Summary courts-martial in the Florida National Guard 361 may be convened by order of commanding officers of the Florida 362 National Guard who are in the accused’s chain of command and 363 hold the rank of lieutenant colonel, or any person authorized to 364 convene a general court-martial or special court-martial. This 365 duty may not be delegated. Such courts-martial may, upon a 366 finding of guilt, adjudge no punishment or adjudge any one or 367 more of the following punishments: 368 (

a) Confinement in an appropriate penal institution for a 369 period not to exceed 25 days. 370 (

b) A fine not to exceed $200 per violation. 371 (

c) Forfeiture of all pay and allowances, or a portion 372 thereof, for a period not to exceed 60 days. 373 (

d) Reduction to no more than two pay grades below the 374 person’s current pay grade. 375 (

e) A reprimand When not in the active service of the 376 United States, the commanding officer of each battalion, higher 377

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 14 of 24 CODING: Words stricken are deletions; words underlined are additions. headquarters, or similar type unit may convene

summary courts-378 martial for such place or command. Any person who may convene a 379 general court-martial or special court-martial may convene a 380

summary court-martial.

Summary courts-martial may adjudge a fine 381 not in excess of $200 per offense, confinement not in excess of 382 25 days, forfeiture of pay and allowances, and reduction by one 383 grade of members whom the convening authority had the authority 384 to promote to their present grade. Any two or more of such 385 punishments may be combined in the sentence authorized to be 386 imposed by such courts, except that confinement may not be 387 combined with a fine. 388 (9)

(8) Commanding officers When not in the active service 389 of the United States, commanders may impose nonjudicial 390 punishment in accordance with Florida National Guard 391 regulations. Enlisted personnel may receive nonjudicial 392 punishment from the unit commander or from any higher commander 393 in their chain of command. Company grade and warrant officers 394 may receive nonjudicial punishment from any commander who is a 395 field grade or general officer in their chain of command.

Field 396 grade officers may receive nonjudicial punishment from any 397 commander who is a general officer in their chain of command. 398 Such commanders may, upon a finding of guilt, adjudge no 399 punishment or adjudge one or more of the following punishments 400 10 U.S.C. s. 815, except that punishment may not exceed: 401 (

a) Oral or written reprimand. 402 (

b) Extra duty for a period not to exceed 14 days of active 403 duty, whether state active duty, annual training, or any similar 404 duty, or 14 unit training assemblies. 405 (

c) Restriction to the armory, training site, or any other 406

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 15 of 24 CODING: Words stricken are deletions; words underlined are additions. specified limitations, with or without suspension from duty, for 407 a period not to exceed 14 days of active duty, whether state 408 active duty, annual training, or any similar duty, or 14 unit 409 training assemblies. 410 (

d) A fine not to exceed Fines of $200 per violation. 411 (

e) Reduction of up to two grades for enlisted personnel in 412 the E-4 pay grade or below and reduction of one grade of 413 enlisted personnel in the E-5 pay grade or above by one grade of 414 a member whom the commander had the authority to promote. 415 (

f) Forfeiture of base pay for a period not to exceed 14 416 days of active duty, whether state active duty, annual training, 417 or any similar duty, or 14 unit training assemblies. 418 (

g) Any combination of paragraphs (a)-(f) (a)-(e), except 419 that a combination of punishment imposed under paragraphs (b) 420 and (

c) may not exceed 14 days or 14 unit training assemblies. 421

(10) The commander who imposes nonjudicial punishment, or a 422 successor in command over the person being punished, may suspend 423 any part or amount of the punishment at any time, subject to the 424 following conditions: 425 (

a) Any unexecuted punishment may be suspended at any time. 426 (

b) An executed punishment of any grade reduction, fine, or 427 forfeiture of pay may only be suspended within a period of 8 428 months after the date of execution. 429 (

c) A punishment may not be suspended for a period 430 exceeding 12 months from the date of suspension, and the 431 expiration of the affected servicemember’s current enlistment or 432 term of service automatically terminates the period of 433 suspension. 434

(11) Florida National Guard regulations may provide for 435

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 16 of 24 CODING: Words stricken are deletions; words underlined are additions. plenary and summarized nonjudicial punishment. 436

(12) A commander is authorized to reduce the grade of 437 enlisted personnel in ranks through courts-martial or 438 nonjudicial punishment, subject to the following conditions: 439 (

a) Unless jurisdiction is withheld by a higher level 440 commander, commanders in command positions with the rank of 441 captain are authorized to reduce grades of personnel serving in 442 grades E-2 through E-4. 443 (

b) Unless jurisdiction is withheld by a higher level 444 commander, commanders in command positions with the rank of 445 lieutenant colonel are authorized to reduce grades of personnel 446 serving in grades E-2 through E-6. 447 (

c) Unless jurisdiction is withheld by a higher level 448 commander, commanders in command positions with the rank of 449 colonel and above are authorized to reduce grades of personnel 450 serving in grades E-2 through E-9. 451 (13)(a)

(9) A finding of guilt and the sentence of a

summary 452 court-martial may be appealed to the convening authority. If a 453 sentence of imprisonment has been adjudged, the findings and 454 sentence may be appealed to the Adjutant General. 455 (b)(10)(

a) A finding of guilt and the sentence of a court-456 martial convened under this chapter, as approved by the 457 convening authority and the Adjutant General if a sentence of 458 imprisonment has been adjudged, may be appealed to the First 459 District Court of Appeal. 460 (c)(

b) Any dismissal of a general or special court-martial 461 case, or any specific charge or offense, by the military judge 462 which does not violate the accused’s defendant’s constitutional 463 rights may be appealed by the Florida National Guard to the 464

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 17 of 24 CODING: Words stricken are deletions; words underlined are additions. First District Court of Appeal. 465 (

d) A finding of guilt and the sentence of a nonjudicial 466 punishment may be appealed only to the next highest commander in 467 the accused’s chain of command. Any such appeal is final. 468 (14)

(11) When the Florida National Guard is not in the 469 active service of the United States, a sentence of dismissal 470 from the service or dishonorable discharge from the service, 471 imposed by court-martial, may not be executed until approved by 472 the Governor. 473

Section

Section 250.351, Florida Statutes, is amended to 474 read: 475 250.351 Court-martial; jurisdiction.— 476

(1) Members of the Florida National Guard are subject to 477 this

chapter and the Florida Uniform Code of Military Justice, 478 including any provision authorizing punishment, at all times 479 during their enlistment or appointment, regardless of whether in 480 civilian or military status or serving in this state or outside 481 the state. Jurisdiction is based exclusively on membership in 482 the Florida National Guard and is not subject to any additional 483 requirements. 484

(2) Subject matter jurisdiction is established if a nexus 485 exists between an offense, either military or nonmilitary, and 486 the state military force. Courts-martial under the Florida Code 487 of Military Justice have primary jurisdiction of military 488 offenses committed when the member is not in the active service 489 of the United States. A proper civilian court has primary 490 jurisdiction of a nonmilitary offense when

an act or omission 491 violates both the Florida Code of Military Justice and local 492 criminal law, foreign or domestic. In such cases, a court-493

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 18 of 24 CODING: Words stricken are deletions; words underlined are additions. martial may be initiated only after the civilian authority has 494 declined to prosecute or has dismissed the charge, provided 495 jeopardy has not attached. Jurisdiction over attempted crimes, 496 conspiracy crimes, solicitation, and accessory crimes must be 497 determined by the underlying offense.

Courts-martial under the 498 Florida Code of Military Justice may be initiated for offenses 499 committed by a Florida National Guard member while in the active 500 service of the United States only after the commander with 501 authority over the offense under the Uniform Code of Military 502 Justice has declined to prosecute or dismissed the charge, 503 provided jeopardy has not attached. 504

(3) Courts-martial A court-martial or court of inquiry may 505 be convened and held in a unit of the Florida National Guard 506 serving outside the state, and the court has the same 507 jurisdiction and powers as if the court-martial or court of 508 inquiry were held within the state. An offense committed outside 509 the state may be tried and punished outside the state or within 510 the state. 511

Section

Section 250.36, Florida Statutes, is amended to 512 read: 513 250.36 Mandates and process.— 514

(1) Military courts may issue all process and mandates, 515 including writs, warrants, and subpoenas, necessary to carry out 516 the powers vested in the courts. Such mandates and process may 517 be directed to the sheriff of any county and must be in the form 518 prescribed by the Adjutant General in the rules issued by him or 519 her under this chapter. All officers to whom such mandates and 520 process are directed must execute the same and make returns of 521 their acts thereunder according to the requirements of the form 522

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 19 of 24 CODING: Words stricken are deletions; words underlined are additions. of process. Any sheriff or other officer who neglects or refuses 523 to perform the duty enjoined upon him or her by this

chapter is 524 subject to the same liabilities, penalties, and punishments as 525 are prescribed by the law for neglect or refusal to perform any 526 other duty of his or her office. 527

(2) When not in the active service of the United States, 528 the Adjutant General, or his or her designee, or a military 529 judge of the Florida National Guard may issue a pretrial 530 confinement warrant for the purpose of securing the presence of 531 an accused at trial.

The warrant must be directed to the sheriff 532 of the county, directing the sheriff to arrest the accused and 533 bring the accused before the court for trial if the accused has 534 disobeyed an order in writing to appear before the court which 535 was delivered to the accused in person or mailed to the 536 accused’s last known address, along with a copy of the charges. 537 Pretrial confinement may not exceed 48 hours. However, the 538 Adjutant General or military judge may extend pretrial 539 confinement for not more than 15 days in order to facilitate the 540 presence of the accused at trial.

For purposes of this 541 subsection, the term “military judge” does not include a

summary 542 court-martial officer who is not qualified to act as a military 543 judge in general or special courts-martial. 544

(3) When not in the active service of the United States, 545 the Adjutant General, or his or her designee, or a military 546 judge of the Florida National Guard may issue subpoenas and 547 subpoenas duces tecum and enforce by attachment the attendance 548 of witnesses and the production of documents and other items of 549 evidentiary value. 550

(4) When not in the active service of the United States, 551

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 20 of 24 CODING: Words stricken are deletions; words underlined are additions. the Adjutant General, or his or her designee, or a military 552 judge may issue and execute search authorizations when the 553 Florida National Guard or the Department of Military Affairs has 554 control over the location where the property or the person to be 555 searched is situated or found. If the location is not under 556 military control, the commander has control over such property 557 or persons subject to military law or law of war. 558

(5) When a sentence of confinement is imposed by any court-559 martial of the Florida National Guard, the Adjutant General or 560 his or her designee whose approval makes effective the sentence 561 imposed by the court-martial shall issue a warrant directing the 562 sheriff of the appropriate county to take the convicted person 563 into custody and confine him or her in the jail of such county 564 for the period specified in the sentence of the court. Any 565 sheriff receiving such warrant must promptly execute the warrant 566 by taking the convicted person into custody and confining him or 567 her in jail.

The sheriff or jailer in charge of any county jail 568 shall receive any person committed for confinement in such jail 569 under proper process from a court-martial, and provide for the 570 care, subsistence, and safekeeping of such prisoner just as the 571 sheriff or jailer would a prisoner properly committed for 572 custody under the sentence of any civil or criminal court. 573 (6)

(5) All sums of money collected through fines adjudged 574 by a general, special, or

summary court-martial or through the 575 imposition of nonjudicial punishment of the Florida National 576 Guard shall be paid over at once by the officer collecting the 577 fine to the commanding officer of the organization to which the 578 member belongs and be deposited in accordance with s. 579 250.40(5)(c)1. 580

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Section

Section 250.375, Florida Statutes, is amended to 581 read: 582 250.375 Medical officer authorization.—Physicians who hold 583 an active license to practice medicine in any other state, any 584 territory of the United States, or the District of Columbia 585 Puerto Rico, while serving as medical officers with, or in 586 support of, in the Florida National Guard, pursuant to federal 587 or state orders, are expressly authorized to practice medicine 588 on military personnel or civilians during an emergency, declared 589 disaster, or during federal military training. 590

Section 8. Subsections (2) and (3) and paragraph (

c) of 591 subsection (5) of

section 250.40, Florida Statutes, are amended 592 to read: 593 250.40 Armory Board; creation; membership, terms, and 594 compensation; duties and responsibilities.— 595 (2)(

a) Voting members of the Armory Board include the 596 Governor as Commander in Chief and chair of the board, the 597 Adjutant General as vice chair, the Assistant Adjutants General 598 of the Army, and major subordinate command commanders reporting 599 directly to the Adjutant General, in the active Florida National 600 Guard. If necessary due to exigencies of military duty, any 601 member of the board may delegate his or her deputy commander to 602 attend the meetings as an alternate member with voting 603 privileges. 604 (

b) Any member of the Armory Board may request excusal from 605 a meeting from the Adjutant General or his or her designee. Any 606 excused member may delegate his or her deputy commander or 607 executive officer to attend such meeting as an alternate member 608 with voting privileges. 609

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c) The Governor may appoint one representative from his or 610 her staff to attend meetings of the Armory Board. The appointee 611 shall serve as a nonvoting advisory member and liaison to the 612 board. 613 (d)(

c) The State Quartermaster shall act as the recorder 614 and secretary of the Armory Board. In addition, the State 615 Quartermaster shall execute the policy, decisions, and official 616 actions of the board. When the board is in recess, the State 617 Quartermaster shall conduct the day-to-day business of the 618 board. The State Quartermaster and his or her staff are not 619 liable, civilly or criminally, for any lawful act done by them 620 in the performance of their duty, while acting in good faith, 621 and while acting in the scope of either state or federal duty. 622

(3) The term of each member of the Armory Board is the 623 period during which the member possesses the title and 624 qualifications for such membership as provided in this

chapter 625 under subsection (1). 626

(5) The Armory Board must: 627 (

c) Receive from counties, municipalities, and other 628 sources donations of land, services, or money to aid in 629 providing, operating, improving, and maintaining armories and 630 other facilities used for military purposes. The national 631 military policy recognizes the Florida National Guard as an 632 important component of the United States Army and Air Force, and 633 a member of the total force, sharing in the defense of the 634 country.

The Florida National Guard is available to assist the 635 state and local governments in the event of an emergency. 636 Therefore, it is reasonable and equitable that the expense of 637 maintaining the Florida National Guard be shared by the federal, 638

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 23 of 24 CODING: Words stricken are deletions; words underlined are additions. state, and local governments. As the Federal Government is 639 providing liberally for the equipment and training of the 640 Florida National Guard and the state for its administration, 641 management, and maintenance, local governments are encouraged to 642 provide services at no cost to Florida National Guard armories. 643 1.

Any contributions of money, any moneys derived from the 644 rental of armories and other facilities, the armory-operations 645 allowances provided in s. 250.20, and all money collected 646 through fines imposed by a court-martial or nonjudicial 647 proceeding of the Florida National Guard, as provided in s. 648 250.36(6) s. 250.36(5), shall be received on behalf of the 649 Armory Board by the post commander of such facility and must be 650 deposited into a federal depository, approved by the Department 651 of Military Affairs, in an account in a banking institution in 652 the county in which such facility is located. 653 2.

The funds received shall be disbursed for the purposes 654 enumerated in this subsection at the discretion of the post 655 commander. 656 3. Any real property donated shall be held as other 657 property for use by the state, and counties and municipalities 658 may make donations of lands by deed or long-term lease and 659 contributions of moneys for the purposes set forth in this 660 section, and may issue bonds or certificates of indebtedness to 661 provide funds for such purposes.

Boards of county commissioners 662 may levy taxes, not to exceed 1 mill, to provide funds for the 663 construction of armories or for the retirement of bonds or 664 certificates of indebtedness issued to provide funds for the 665 construction of armories. Counties and municipalities may 666 construct armories upon state-owned land, which may be made 667

Florida Senate - 2021 SB 770 20-00714-21 2021770__ Page 24 of 24 CODING: Words stricken are deletions; words underlined are additions. available for such purpose by action of the Armory Board. 668 Counties and municipalities may also grant to the Armory Board, 669 by deed or long-term leases, property that is acquired or 670 buildings that are constructed for military purposes. Each local 671 government is encouraged to provide economic incentives to 672 reduce the cost of locating Florida National Guard facilities in 673 its jurisdiction.

A local government may appropriate funds to 674 pay expenses of the Florida National Guard unit in its 675 jurisdiction. Such funds will be received, accounted for, and 676 dispersed as other funds received by the unit. 677

Section 9. This act shall take effect July 1, 2021. 678