Definitions

250.01

Definitions.

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As used in this chapter, the term:

(1)

“Active duty” means full-time duty in active military service of the United States. The term includes federal duty such as full-time training, annual training, and attendance while a person is in active military service or in a school designated as a service school by law or by the secretary of the applicable military department. The term does not mean full-time duty in the National Guard. The term shall also include the period during which a person in active military service is absent from duty as a result of illness, being wounded, being on leave, or other lawful cause.

(2)

“Air National Guard” means that part of the National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia, active or inactive, which is:

(a)

An air force;

(b)

Trained, and has its officers appointed, under the United States Constitution;

(c)

Organized, armed, and equipped wholly or partially at federal expense; and

(d)

Federally recognized.

(3)

“Air National Guard of the United States” means the reserve component of the Air Force, the membership of which consists of members of the Air National Guard.

(4)

“Armed forces” means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.

(5)

“Armory” means a building or group of buildings used primarily for housing and training troops or for storing military property, supplies, or records.

(6)

“Army National Guard” means that part of the National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia, active or inactive, which is:

(a)

A land force;

(b)

Trained, and has its officers appointed, under the United States Constitution;

(c)

Organized, armed, and equipped wholly or partially at federal expense; and

(d)

Federally recognized.

(7)

“Army National Guard of the United States” means the reserve component of the Army, the membership of which consists of members of the Army National Guard.

(8)

“Convening authority” means a commissioned officer in command and his or her successors in command.

(9)

“Enlisted personnel” means persons enlisted, inducted, called, or conscripted into an armed force in an enlisted grade.

(10)

“Grade” means a step or degree in a graduated scale of office or military rank which is established and designated as a grade by law or rule.

(11)

“Military judge” means the presiding officer of a general or special court-martial. Except as otherwise expressly provided, in the context of a summary court-martial, the term “military judge” includes the summary court-martial officer.

(12)

“Military post” means an armory, facility, installation, or real property under the supervision or control of the Armory Board which is used primarily for housing and training troops; performing administrative duties; or storing military property, supplies, or records.

(13)

“National Guard” means the Army National Guard and the Air National Guard.

(14)

“National Guard Bureau” means the joint Bureau of the Department of the Army and the Department of the Air Force within the Department of Defense, as defined in 10 U.S.C. s. 10501.

(15)

“Offense” means a criminal charge under the Uniform Code of Military Justice.

(16)

“Officer” means a commissioned officer or warrant officer.

(17)

“Rank” means the order of precedence among members of the armed forces.

(18)

“Post commander” means the officer in charge of a military post or training site, a National Guard armory, or a portion of a National Guard armory when colocated in an Armed Forces Reserve Center.

(19)

“Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces.

(20)

“SCRA” means the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq.

(21)

“State active duty” means full-time duty in active military service of the State of Florida when ordered by the Governor or Adjutant General in accordance with s. 250.06, s. 250.10, or s. 250.28 to preserve the public peace, execute the laws of the state, suppress insurrection, repel invasion, enhance security and respond to terrorist threats or attacks, respond to an emergency as defined in s. 252.34 or to imminent danger of an emergency, enforce the law, carry out counter-drug operations, provide training, provide for the security of the rights or lives of the public, protect property, or conduct ceremonies. The term includes the duties of officers or enlisted personnel who are employed under the order of the Governor in recruiting; making tours of instruction; inspecting troops, armories, storehouses, campsites, rifle ranges, or military property; sitting on general or special courts-martial, boards of examination, courts of inquiry, or boards of officers; or making or assisting in physical examinations. The term shall also include the period during which a person in active military service is absent from duty as a result of illness, being wounded, being on leave, or other lawful cause.

(22)

“Troops” includes personnel of the Army National Guard and the Air National Guard.

(23)

“USERRA” means the Uniformed Services Employment and Reemployment Rights Act, chapter 43 of Title 38 U.S.C.

History.

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s. 3, ch. 8502, 1921; CGL 2014; s. 1, ch. 25112, 1949; s. 1, ch. 2003-68; s. 14, ch. 2003-72; s. 26, ch. 2007-5; s. 7, ch. 2022-183.

Note.

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Former s. 250.03.