February 17, 2020
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The Florida Statutes

The 2003 Florida Statutes

Title XVII
MILITARY AFFAIRS AND RELATED MATTERS
Chapter 250
MILITARY AFFAIRS
View Entire Chapter
Section 250.10, Florida Statutes 2003

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 has served in the Florida National Guard 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 authorized by applicable tables of organization of the Department of the Army or the Department of the Air Force. The Adjutant General and all other military personnel of the Florida National Guard on full-time military duty with the Department of Military Affairs, except military police and firefighters, 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 is specified in an appropriation act of the Legislature. An officer, with his or her consent, may be ordered to state active duty for administrative duty with the Department of Military Affairs at a grade lower than the officer currently holds.

(2)  The Adjutant General shall:

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

(b)  Supervise all troops and branches of the Florida National Guard, including their organization, armament, discipline, training, recruiting, inspection, instruction, pay, subsistence, and supplies.

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

(d)  Cause the law and orders relating to the Florida National Guard 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 orders, rules, and regulations, consistent with law, to bring the organization, armament, equipment, training, and discipline of the Florida National Guard to a state of efficiency as near 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 Florida National Guard.

2.  Establish by directive an organized and supervised physical fitness program for military 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 personnel authorized to participate in the physical fitness program.

3.  Establish by directive a post exchange store for members of the Florida National Guard, their families, guests, and other authorized users. The post exchange store shall be located at the Camp Blanding Training Site. The primary purpose of the store is to provide for the morale, recreation, and welfare of all servicemembers training at the Camp Blanding Training Site. The operation of the post exchange store must be in accordance with state and federal laws, rules, and regulations. Profits of the post exchange store, if any, shall be deposited in the Camp Blanding Management Trust Fund and shall be used to enhance the facilities and services provided by the Camp Blanding Training Site. The Adjutant General may establish an account with a federally insured financial institution in the state to facilitate the operations of the post exchange store.

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

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

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

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

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

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

(l)  Subject to annual appropriations, administer youth About Face programs and adult Forward March programs at sites to be selected by the Adjutant General. Both programs must provide schoolwork assistance, focusing on the skills needed to master basic high school competencies and functional life skills, including teaching students to work effectively in groups; providing basic instruction in computer skills; teaching basic problem-solving, decisionmaking, and reasoning skills; teaching how the business world and free enterprise work through computer simulations; and teaching home finance and budgeting and other daily living skills.

1.  About Face is a summer and year-round after-school life-preparation program for economically disadvantaged and at-risk youths from 13 through 17 years of age. The program must provide training in academic study skills, and the basic skills that businesses require for employment consideration.

2.  Forward March is a job-readiness program for economically disadvantaged participants who are directed to Forward March by the local regional workforce development boards. The Forward March program shall provide training on topics that directly relate to the skills required for real-world success. The program shall emphasize functional life skills, computer literacy, interpersonal relationships, critical-thinking skills, business skills, preemployment and work maturity skills, job-search skills, exploring careers activities, how to be a successful and effective employee, and some job-specific skills. The program also shall provide extensive opportunities for participants to practice generic job skills in a supervised work setting. Upon completion of the program, Forward March shall return participants to the local regional workforce development boards for placement in a job placement pool.

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

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

(5)  The Adjutant General shall, subject to confirmation by the Senate, employ a federally recognized officer of the Florida National Guard, who has served in the Florida Air Guard for the preceding 5 years and attained the rank of colonel or higher at the time of appointment, to be the Assistant Adjutant General for Air. The officer shall perform the duties required by the Adjutant General.

(6)  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, shall account for all funds accruing to the Department of Military Affairs; 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 may construct, maintain, improve, and repair facilities pertaining to the Department of Military Affairs and the armory board. The state quartermaster shall be the recorder of the armory board and perform any other duties required of him or her by the Adjutant General.

(7)  The Adjutant General and the State Board of Education shall develop education assistance programs for members in good standing of the active Florida National Guard who enroll in a public institution of higher learning in the state.

(a)  The programs shall set forth application requirements, including, but not limited to, requirements that the applicant:

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.  Upon enrollment in a program specified in subsection (8) or subsection (9), complete a memorandum of agreement to comply with the rules of the program and serve in the active Florida National Guard for 3 years after completion of the studies for which an exemption is granted or tuition and fees are paid.

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

1.  Such members include, but are not limited to:

a.  Any member, commissioned officer, 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 that do not meet degree requirements, or courses that do not meet requirements for completion of vocational-technical training.

(c)  The Adjutant General, together with the State Board of Education, shall adopt rules for the overall policy, guidance, administration, implementation, and proper utilization of the program. Such rules must 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 this section.

(8)  The Department of Military Affairs may administer a tuition exemption program, known as the State Tuition Exemption Program (STEP), for members of the Florida National Guard who qualify pursuant to subsection (7).

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

1.  A member may not participate in the STEP Program for more than 10 years following the date of enrollment in the tuition assistance program.

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 one-half the 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)  Courses not authorized include noncredit courses, courses that do not meet degree requirements, or courses that do not meet requirements for completing vocational-technical training.

(d)  Penalties for noncompliance with program requirements include, but are not limited to:

1.  If 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 that academic term, the member forfeits his or her exemption and shall pay the institution granting the exemption all tuition charges and student fees for the academic term for which the exemption was granted.

2.  If a member of the active Florida National Guard leaves the Florida National Guard during the 3-year period the member has agreed to serve after completing the courses for which an exemption was granted, the member shall reimburse the institution granting the exemption for all tuition charges and student fees for which the member received an exemption, unless the Adjutant General finds that 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 an exemption, the exemption shall be immediately forfeited and the member shall pay the institution granting the exemption all tuition charges and student fees for the academic term for which the exemption was granted.

4.  If a member defaults on any repayment made under this paragraph, the institution may charge the member the maximum interest rate authorized by law.

(9)  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. This program shall be known as the Educational Dollars for Duty program (EDD) and is the primary program for these members.

(a)  A member may not participate in the EDD program for more than 5 years following the date of eligibility for the program.

(b)  Courses not authorized include noncredit courses, courses that do not meet the degree requirements, or courses that do not meet requirements for completing vocational-technical training.

(c)  College preparatory classes are authorized courses.

(d)  Penalties for noncompliance with program requirements include, but are not limited to:

1.  If a member of the active Florida National Guard receives payment of tuition and fees for any academic term and fails to maintain satisfactory participation in the Florida National Guard during that academic term, the member shall reimburse the Department of Military Affairs all tuition charges and student fees for the academic term for which the member received payment.

2.  If a member of the active Florida National Guard leaves the Florida National Guard during the 3-year period the member has agreed to serve after completing the courses for which payments were made, the member shall reimburse the Department of Military Affairs all tuition charges and student fees for which the member received payments, unless the Adjutant General finds that 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 payments, the member shall reimburse the Department of Military Affairs all tuition charges and student fees for the academic term for which the member received payment.

4.  If a member defaults on any reimbursement made under this paragraph, the department may charge the member the maximum interest rate authorized by law.

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; s. 1, ch. 99-177; s. 33, ch. 99-241; s. 10, ch. 2003-68.

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

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