Fla. Stat. § 250.35 — Florida Code / Title XVII / Chapter 250 / Part I / Section 250.35
250.35 Military justice.
Status: in_force

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

(2) Courts-martial may try a member of the Florida National Guard for any crime or offense made punishable by the FCMJ, except that a commissioned officer, warrant officer, or cadet may not be tried by summary courts-martial.

(3) Courts-martial in this state are administrative proceedings in the executive branch and are not courts under Art. V of the State Constitution.

(4) Courts-martial in the state shall be of three kinds, namely: general courts-martial, special courts-martial, and summary courts-martial. General courts-martial and special courts-martial shall be tried by a military judge and a panel of officers pursuant to the Manual for Courts-Martial, except as otherwise provided by regulations adopted by the Florida National Guard. However, a panel may include enlisted members, at the request of an enlisted accused. The military judge in a general court-martial or special court-martial must be qualified by attendance at appropriate Judge Advocate General schools or must be certified as qualified by the Adjutant General of Florida. In a general and special court-martial, the accused may waive trial by panel and request trial by military judge alone. The granting of such waiver shall be in the military judge’s discretion. The military judge in a summary court-martial must be a commissioned officer who is appointed by the Summary Courts-Martial Convening Authority or a higher authority.

(5) General courts-martial in the Florida National Guard may be convened by order of the President of the United States, the Governor, or the Adjutant General. This duty is not delegable. Such courts may, upon a finding of guilt, adjudge no punishment or adjudge one or more of the following punishments: (a) Confinement in an appropriate penal institution for up to 367 days. (b) Dismissal or discharge from the Florida National Guard with such characterization of service deemed appropriate by the military judge or panel members, including a dishonorable or bad conduct discharge. (c) A fine of up to $500 per specification. (d) Forfeiture of all or a portion of pay and allowances. (e) Reduction to the lowest enlisted pay grade or any intermediate pay grade for enlisted personnel. (f) A written reprimand, which shall be included in the accused’s official military personnel file.

(6) Special courts-martial authorized to adjudicate a bad conduct discharge in the Florida National Guard may be convened by order of commanding officers of the Florida National Guard who are in the chain of command of the accused and hold the rank of colonel or by order of a person authorized to convene a general court-martial, subject to the procedural protections provided in 10 U.S.C. s. 819. This duty is not delegable. Such courts may, upon a finding of guilt, adjudge no punishment or adjudge one or more of the following punishments: (a) Confinement in an appropriate penal institution for up to 100 days. (b) Discharge from the Florida National Guard with a bad conduct discharge. (c) A fine of up to $400 per specification. (d) Forfeiture of all or a portion of pay and allowances for up to 1 year. (e) Reduction to the lowest enlisted pay grade or any intermediate pay grade for enlisted personnel. (f) A written reprimand, which shall be included in the accused’s official military personnel file.

(7) Special courts-martial not authorized to adjudicate a bad conduct discharge in the Florida National Guard may be convened by order of commanding officers of the Florida National Guard who are in the chain of command of the accused and hold the rank of lieutenant colonel or by order of a person authorized to convene a general court-martial or special court-martial authorized to adjudicate a bad conduct discharge. This duty is not delegable. Such courts may, upon a finding of guilt, adjudge no punishment or adjudge one or more of the following punishments: (a) Confinement in an appropriate penal institution for up to 100 days. (b) A fine of up to $300 per specification. (c) Forfeiture of all or a portion of pay and allowances for up to 60 days. (d) Reduction to the lowest enlisted pay grade or any intermediate pay grade for enlisted personnel. (e) A written reprimand, which shall be included in the accused’s official military personnel file.

(8) Summary courts-martial in the Florida National Guard may be convened by order of commanding officers of the Florida National Guard who are in the chain of command of the accused and hold the rank of lieutenant colonel or by order of a person authorized to convene a general court-martial or special court-martial. This duty is not delegable. Such courts may, upon a finding of guilt, adjudge no punishment or adjudge one or more of the following punishments: (a) Confinement in an appropriate penal institution for up to 25 days. (b) A fine of up to $200 per specification. (c) Forfeiture of all or a portion of pay and allowances for up to 60 days. (d) Reduction by no more than two pay grades for enlisted personnel. (e) A reprimand.

(9) Commanding officers may impose nonjudicial punishment under regulations adopted by the Florida National Guard. Enlisted personnel may receive nonjudicial punishment from their unit commander or from a higher commander in their chain of command. Company grade and warrant officers may receive nonjudicial punishment from a commander who is a field grade or general officer in their chain of command. Field grade officers may receive nonjudicial punishment from a commander who is a general officer in their chain of command. Such commanders may, upon a finding of guilt, adjudge no punishment or adjudge one or more of the following punishments: (a) Oral or written reprimand. (b) Extra duty of up to 14 days of state active duty, annual training, or similar duty, or up to 14 unit training assemblies. (c) Restriction to the armory, training site, or other specified limits, with or without suspension from duty; up to 14 days of state active duty, annual training, or similar duty; or up to 14 unit training assemblies. (d) A fine of up to $200 per specification. (e)1. For enlisted personnel in pay grades above E-4, reduction by one pay grade. 2. For enlisted personnel in pay grades E-4 and below, reduction by two pay grades. (f) Forfeiture of base pay for up to 14 days of state active duty, annual training, or similar duty, or up to 14 unit training assemblies. (g) Any combination of paragraphs (a)-(f), except that a combination of punishment imposed under paragraphs (b) and (c) may not exceed 14 days or 14 unit training assemblies.

(10) A commander who imposes nonjudicial punishment, or a successor in command over the person punished, may, at any time, suspend any part or amount of the punishment, subject to the following: (a) Any part or amount of the unexecuted punishment may, at any time, be suspended. (b) An executed punishment of reduction, fine, or forfeiture of pay may be suspended only within 8 months after the date of execution. (c) Suspension of a punishment may not be for longer than 12 months from the date of the suspension, and the expiration of the current enlistment or term of service of the servicemember involved automatically terminates the period of suspension.

(11) Regulations adopted by the Florida National Guard may provide for two types of nonjudicial punishment: plenary and summarized.

(12)(a) Unless jurisdiction is withheld by a higher-level commander, commanders in command positions authorized the rank of captain may reduce personnel currently serving in pay grades E-2 through E-4. (b) Unless jurisdiction is withheld by a higher-level commander, commanders in command positions authorized the rank of lieutenant colonel may reduce personnel currently serving in pay grades E-2 through E-6. (c) Unless jurisdiction is withheld by a higher-level commander, commanders in command positions authorized the rank of colonel and above may reduce personnel currently serving in pay grades E-2 through E-9.

(13)(a) A finding of guilt and the sentence of a summary court-martial may be appealed to the convening authority. If a sentence of imprisonment has been adjudged, the findings and sentence may be appealed to the Adjutant General. (b) A finding of guilt and the sentence of a court-martial convened under this chapter, as approved by the convening authority and the Adjutant General if a sentence of imprisonment has been adjudged, may be appealed to the First District Court of Appeal. (c) A dismissal of a general or special court-martial case, or a specific charge or specification, by the military judge which does not violate the accused’s constitutional rights may be appealed by the Florida National Guard to the First District Court of Appeal. (d) A finding of guilt and the sentence of a nonjudicial punishment may be appealed to the next higher commander in the chain, but such appeal shall be the only and final appeal.

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

History: ss. 44-47, 49, ch. 8502, 1921; s. 7, ch. 9337, 1923; ss. 5, 6, ch. 10185, 1925; CGL 2057-2060, 2062; s. 1, ch. 25112, 1949; s. 78, ch. 77-104; s. 2, ch. 85-168; s. 1, ch. 88-72; s. 4, ch. 92-86; s. 1, ch. 94-261; s. 839, ch. 95-148; s. 1, ch. 96-333; s. 31, ch. 2003-68; s. 1, ch. 2009-122; s. 4, ch. 2014-1; s. 4, ch. 2021-148.