(1) Members of the Florida National Guard ordered into state active duty or full-time National Guard duty or ordered into federal training or duty are not liable, civilly or criminally, for any lawful act 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 are in state active duty.
(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 Florida National Guard because of any 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 designated by the Department of Legal Affairs. However, this section does not prohibit such defendant from employing his or her own private counsel at the defendant’s own expense.
(3) A defendant may be ordered to state active duty with full pay and allowances for the time his or her presence is required in defense of such actions or proceedings.
(4) In any such action or proceeding, if the plaintiff dismisses his or her suit, or a verdict or judgment in favor of the defendant 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; s. 26, ch. 2003-68.
Note.—Former s. 250.41.
Structure Florida Statutes
Title XVII - Military Affairs and Related Matters
Chapter 250 - Military Affairs
Part I - Military Code (Ss. 250.01-250.5206)
250.03 - Military law of the state.
250.04 - Naval militia; marine corps.
250.05 - Department of Military Affairs.
250.07 - Florida National Guard; composition; departmental organization.
250.08 - Florida National Guard organized.
250.09 - Appropriations, property, and equipment.
250.10 - Appointment and duties of the Adjutant General.
250.115 - Department of Military Affairs direct-support organization.
250.116 - Soldiers and Airmen Assistance Program.
250.12 - Appointment of commissioned and warrant officers.
250.16 - Authority to incur charge against state.
250.175 - Trust funds; authorization; name; purpose.
250.18 - Commissioned officers and warrant officers; clothing and uniform allowance.
250.19 - Expenses for travel on military business.
250.20 - Armory operations; allowances.
250.23 - Pay for state active duty.
250.24 - Pay and expenses; appropriation; procedures.
250.25 - Governor and Chief Financial Officer authorized to borrow money.
250.28 - Military support to civil authorities.
250.31 - Liability of members of the organized militia; defense of actions or proceedings.
250.32 - Commanding officer’s control of arms sales.
250.33 - Powers of commanding officer on state active duty.
250.34 - Injury or death on state active duty.
250.341 - Cancellation of health insurance.
250.351 - Courts-martial; jurisdiction.
250.36 - Mandates and process.
250.37 - Expenses of courts-martial.
250.375 - Medical officer authorization.
250.39 - Penalty for contempt.
250.40 - Armory Board; creation; membership, terms, and compensation; duties and responsibilities.
250.43 - Wearing of uniform and insignia of rank; penalty.
250.44 - Military equipment regulations; penalties.
250.45 - Military uniform discriminated against; penalty.
250.46 - Salaried employees not entitled to additional pay.
250.47 - Governor’s permission for unit to leave state.
250.481 - Reserve components; employment discrimination prohibited.
250.4815 - Professional license of servicemember not to expire while member on federal active duty.
250.483 - Active duty; licensure or qualification.
250.51 - Insult to troops; penalty.
250.52 - Unlawful to persuade citizens not to enlist; penalty.
250.5201 - Stay of proceedings where troops called out into state active duty or active duty.
250.5202 - Actions for rent or possession by landlord during state active duty.
250.5204 - Installment contracts for purchase of property; penalty.