(1) Members of the Florida National Guard are subject to this chapter and the Florida Code of Military Justice, including the punitive provisions thereof, at all times during their enlistment or appointment, whether in civilian or military status and whether serving in this state or outside the state. Jurisdiction is based exclusively on membership in the Florida National Guard and not subject to any additional requirements.
(2) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force. Courts-martial under the Florida Code of Military Justice have primary jurisdiction over military offenses committed when not in the active service of the United States. A proper civilian court has primary jurisdiction over a nonmilitary offense when an act or omission violates both the Florida Code of Military Justice and local criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense. Courts-martial under the Florida Code of Military Justice may be initiated for offenses committed by a Florida National Guard member while in the active service of the United States only after the commander with authority over the offense under the Uniform Code of Military Justice has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.
(3) Courts-martial may be convened and held in a unit of the Florida National Guard serving outside the state, and the court has the same jurisdiction and powers as if the courts-martial were held within the state. An offense committed outside the state may be tried and punished outside the state or within the state.
History.—s. 32, ch. 2003-68; s. 7, ch. 2021-148.
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.