Bill Text: FL S0464 | 2010 | Regular Session | Enrolled

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Bill Title: Military Affairs/Leave of Absence [GPSC]

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2010-05-12 - Approved by Governor; Chapter No. 2010-79; companion bill(s) passed, see CS/HB 7129 (Ch. 2010-182) [S0464 Detail]

Download: Florida-2010-S0464-Enrolled.html

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       ENROLLED 
       2010 Legislature                                   CS for SB 464 
                                                              2010464er 
    1   
    2         An act relating to military affairs; amending s. 
    3         115.07, F.S., relating to provisions authorizing leave 
    4         of absence for officers and employees of the state or 
    5         counties, municipalities, or political subdivisions 
    6         who are commissioned reserve officers or reserve 
    7         enlisted personnel in the United States military or 
    8         naval service or who are members of the National 
    9         Guard; providing that such officers and employees are 
   10         entitled to 240 working hours rather than 17 working 
   11         days of annual leave of absence without loss of time 
   12         or efficiency rating; removing an obsolete provision 
   13         calculating leaves of absence as measured in working 
   14         days; amending s. 250.10, F.S.; providing for the 
   15         appointment of a second Assistant Adjutant General for 
   16         the Florida National Guard Army; providing a finding 
   17         that the act fulfills an important state interest; 
   18         providing an effective date. 
   19   
   20  Be It Enacted by the Legislature of the State of Florida: 
   21   
   22         Section 1. Section 115.07, Florida Statutes, is amended to 
   23  read: 
   24         115.07 Officers and employees’ leaves of absence for 
   25  reserve or guard training.— 
   26         (1) All officers or employees of the state, of the several 
   27  counties of the state, and of the municipalities or political 
   28  subdivisions of the state who are commissioned reserve officers 
   29  or reserve enlisted personnel in the United States military or 
   30  naval service or members of the National Guard are entitled to 
   31  leaves of absence from their respective duties, without loss of 
   32  vacation leave, pay, time, or efficiency rating, on all days 
   33  during which they are engaged in training ordered under the 
   34  provisions of the United States military or naval training 
   35  regulations for such personnel when assigned to active or 
   36  inactive duty. 
   37         (2) Leaves of absence granted as a matter of legal right 
   38  under the provisions of this section may shall not exceed 240 17 
   39  working hours days in any one annual period. Administrative 
   40  leaves of absence for additional or longer periods of time for 
   41  assignment to duty functions of a military character shall be 
   42  without pay and shall be granted by the employing or appointing 
   43  authority of any state, county, municipal, or political 
   44  subdivision employee and when so granted shall be without loss 
   45  of time or efficiency rating. 
   46         (3) With respect to any officer or employee whose working 
   47  day consists of a shift measured in hours, each such 12-hour 
   48  shift or less shall equal 1 working day leave of absence. All 
   49  other shifts over 12 hours and up to 24 hours shall equal 2 
   50  working days leave of absence. 
   51         (3)(4) When an employee’s assigned employment duty 
   52  conflicts with ordered active or inactive duty training, it is 
   53  shall be the responsibility of the employing agency of the 
   54  state, county, municipal, or political subdivision to provide a 
   55  substitute employee, if necessary, for the assumption of such 
   56  employment duty while the employee is on assignment for the such 
   57  training. 
   58         (4)(5) It is the intent of the Legislature that the state, 
   59  its several counties, and its municipalities and political 
   60  subdivisions shall grant leaves of absence for active or 
   61  inactive training to all employees who are members of the United 
   62  States Reserve Forces or the National Guard, to ensure the state 
   63  and national security at all times through a strong armed force 
   64  of qualified and mobilization-ready personnel. 
   65         Section 2. Subsection (4) of section 250.10, Florida 
   66  Statutes, is amended to read: 
   67         250.10 Appointment and duties of the Adjutant General.— 
   68         (4)(a) The Adjutant General shall, subject to confirmation 
   69  by the Senate, employ a federally recognized officer of the 
   70  Florida National Guard, who has served in the Florida Army Guard 
   71  for the preceding 5 years and attained the rank of colonel or 
   72  higher at the time of appointment, to be the Assistant Adjutant 
   73  General for Army. 
   74         (b) The Adjutant General may, subject to confirmation by 
   75  the Senate, employ an additional, federally recognized officer 
   76  of the Florida National Guard, who has served in the Florida 
   77  Army Guard for the preceding 5 years and attained the rank of 
   78  colonel or higher at the time of appointment, to be a second 
   79  Assistant Adjutant General for Army. 
   80   
   81  Each The officer shall perform the duties required by the 
   82  Adjutant General. 
   83         Section 3. The Legislature finds and declares that this act 
   84  fulfills an important state interest. 
   85         Section 4. This act shall take effect July 1, 2010.